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HomeMy WebLinkAbout04.a. Review draft to authorize three Quitclaim Deed-Easements, accept three Grants of Easement re District Project 8463 Page 1 of 6 Item 4.a. CENTRAL SAN BOARD OF DIRECTORS . , , . POSITION PAPER . , DRAFT MEETING DATE: SEPTEMBER 21, 2022 SUBJECT: REVI EW DRAFT POSITION PAPER TO ADOPT RESOLUTION NO. 2022- (1)AUTHORIZING EXECUTION OF THREE QUITCLAIM DEED- EASEMENTS TO RELINQUISH RIGHTS ON ORIGINAL EASEMENTS RELATED TO THE NORTH ORINDA SEWER RENOVATIONS, PHASE 8, DISTRICT PROJECT 8463 AT 2 LA SENDA WAY, 21 LA NORIA, AND 200 ORI NDA WAY, ALL LOCATED IN ORINDA; (2)ACCEPTING THREE GRANT OF EASEMENT DEEDS FOR THE NEW ALIGNMENT; AND (3) AUTHORIZING STAFF TO RECORD THE DOCUMENTS WITH THE CONTRA COSTA COUNTY RECORDER SUBMITTED BY: INITIATING DEPARTMENT: KATHLEEN RODRIGUEZ, REAL PROPERTY ENGINEERING AND TECHNICAL SERVICES - AGENT PDS - DEVELOPMENT SERVICES - RIGHT OF WAY REVIEWED BY: DANA LAWSON, SENIOR ENGINEER DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER ISSUE A resolution of the Board of Directors (Board) is required to relinquish easement rights, and to accept grants of easement for sanitary sewer purposes to convey real property interest to Central San. BACKGROUND The North Orinda Sewer Renovations, Phase 8 Project replaced approximately 9,900 feet of sewers by open-cut and pipe-bursting methods in a north Orinda neighborhood, Orinda Country Club, and one parcel in downtown Orinda. Three properties needed realignment of the sewer, which required easement exchanges with the property owners. Right-of-Way staff contacted the property owners, who agreed to the easement exchanges, granting a new easement in exchange for quitclaiming the original easement rights. September 21, 2022 REEP Committee Meeting Agenda Packet- Page 4 of 23 Page 2 of 6 ALTERNATIVES/CONSIDERATIONS The Board could decline to accept the Grants of Easement Deeds. This alternative is not recommended since Central San would not have the land rights necessary for the realigned sanitary sewer that the property owners agreed to. FINANCIAL IMPACTS The grant of easement for sewer purposes was acquired via an easement exchange, therefore there was not cost for the new easements. COMMITTEE RECOMMENDATION The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on September 21, 2022 and recommended RECOMMENDED BOARD ACTION Adopt the proposed resolution (1) authoring the execution of three Quitclaim Deed-Easements, (2) accepting the three Grants of Easement related to the North Orinda Sewer Renovations, Phase 8 (DP8463), and (3) authorizing staff to record the documents with the Contra Costa Recorder. Strategic Plan Tie-In GOAL ONE: Customer and Community Strategy 1 - Deliver high-quality customer service GOAL FOUR: Governance and Fiscal Responsibility Strategy 1 - Promote and uphold ethical behavior, openness, and accessibility GOAL SIX: Infrastructure Reliability Strategy 1 - Manage assets optimally, Strategy 2- Execute long-term capital renewal and replacement program ATTACHMENTS: 1. Proposed Resolution September 21, 2022 REEP Committee Meeting Agenda Packet- Page 5 of 23 Page 3 of 6 RESOLUTION NO. 2022- A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AUTHORIZING THE EXECUTION OF QUITCLAIM DEEDS AND ACCEPTING GRANTS OF EASEMENTS AND THE RECORDING OFF ALLTHE DOCUMENTS RELATED TO DISTRICT PROJECT 8463 NO. ORINDA PHASE 8 BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District (Central San) as follows: THAT the District hereby consents to the execution of three Quitclaim Deed-Easements, quitclaiming District's easement rights over the following parcels: SEE ATTACHED EXHIBIT "A" THAT Central San hereby accepts the following Grants of Easements from the property owners: SEE ATTACHED EXHIBIT "B" THAT staff is authorized to record the documents in the office of the Recorder of Contra Costa County. PASSED AND ADOPTED this day of October 6t", 2022 by the Board of Directors of Central San by the following votes: AYES: Members: NOES: Members: ABSENT: Members: David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California September 21, 2022 REEP Committee Meeting Agenda Packet- Page 6 of 23 Page 4 of 6 Central Contra Costa Sanitary District Resolution No. 2022- Page 2 of 4 Approved as to form: Kenton L. Alm, Esq. Counsel for the District September 21, 2022 REEP Committee Meeting Agenda Packet- Page 7 of 23 Page 5 of 6 Central Contra Costa Sanitary District Resolution No. 2022- Page 3 of 4 EXHIBIT "A" QUITCLAIM DEED-EASEMENTS Property Owner: Paul J. Cortese, as Trustee of the Paul J. Cortese 1990 Trust under agreement dated April 30, 1990 Address: 2 La Senda Way, Orinda, CA 94563 APN: 262-142-009 Job/Parcel: DP 8463, Parcel Al, A2, A3 Job/Parcel: 1572, Parcel 11, 12, 13 Property Owner: Katie Baynes, a single woman and Taylor Cascino, a single man as joint tenants Address: 21 La Noria, Orinda, CA 94563 APN: 262-142-008 Job/Parcel: DP 8463, Parcel B Job/Parcel: 1572, Parcel 13 Property Owner: Orinda Village Square, a partnership Address: 200 Orinda Way, Orinda, CA 94563 APN: 265-170-033 Job/Parcel: DP 8463, Parcel C Job/Parcel: 819, Parcel 2 September 21, 2022 REEP Committee Meeting Agenda Packet- Page 8 of 23 Page 6 of 6 Central Contra Costa Sanitary District Resolution No. 2022- Page 4 of 4 EXHIBIT "B" GRANT OF EASEMENTS Property Owner: Paul J. Cortese, as Trustee of the Paul J. Cortese 1990 Trust under agreement dated April 30, 1990 Address: 2 La Senda Way, Orinda, CA 94563 APN: 262-142-009 Parcel: 1 Property Owner: Katie Baynes, a single woman and Taylor Cascino, a single man as joint tenants Address: 21 La Noria, Orinda, CA 94563 APN: 262-142-008 Parcel: 2 Property Owner: Orinda Village Square, a partnership Address: 200 Orinda Way, Orinda, CA 94563 APN: 265-170-033 Parcel: 3 September 21, 2022 REEP Committee Meeting Agenda Packet- Page 9 of 23