HomeMy WebLinkAbout05.b. Review draft Position Paper to adopt Resolution No. 2022- (1) authorizing execution of a quitclaim deed-easement to relinquish rights of the Temporary Construction Easement, from SFPP, a Delaware limited partnership (Kinder Morgan), related to tPage 1 of 3
Item 5.b.
CDr EENI RAL SAN BOARD OF •'
�J POSITION PAPER
CENTRAL CONTRA COSTA SANITARY DISTRICT �
� •
MEETING DATE: NOVEMBER 16, 2022
SUBJECT: REVI EW DRAFT POSITION PAPER TO ADOPT RESOLUTION NO. 2022-
_(1) AUTHORIZI NG EXECUTION OF A QUITCLAI M DEED -EASEMENT TO
RELINQUISH RIGHTS OF THE TEMPORARY CONSTRUCTION
EASEMENT, FROM SFPP, A DELAWARE LIMITED PARTNERSHIP (KINDER
MORGAN), RELATED TO THE "LAGISS PROPERTY"; (2)ACCEPTING THE
QUITCLAIM DEED-EASEMENT,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 & DEVELOPMENT SERVICES DIVISION
MANAGER
ISSUE
A resolution of the Board of Directors (Board) is required to accept and record quitclaim deed -easement
to relinquish temporary construction easement rights back to Central San.
BACKGROUND
In April 2004, after receiving approval from the Board, Central San entered into an agreement to grant a 100-ft
wide temporary construction easement (TCE) to SFPP, L.P., a subsidiary of Kinder Morgan. This TCE was for
construction workspace across Central San's buffer property, otherwise known as "Lagiss," which included
locating, surveying, and installation of a pipeline, valves, and other appurtenances. This TCE was to revert
back to Central San, per the 2004 agreement, when the pipeline was completed. The construction was
completed sometime in 2005, per the record drawings.
Since the TCE was recorded, the document has remained as a cloud on title (e.g., an unresolved issue) and
recently came to light by the solar project being developed on the Lagiss parcel. The only way to clear the cloud
from a title search was to request a quitclaim from Kinder Morgan, thereby releasing interest back to Central
San.
November 16, 2022 REEP Committee Meeting Agenda Packet - Page 16 of 35
Page 2 of 3
Central San's Real Property staff pursued this Quitclaim with Kinder Morgan and, after several attempts, was
successful in obtaining their cooperation. Kinder Morgan executed the TCE on October 17, 2022.
ALTERNATIVES/CONSIDERATIONS
The Board could decline to accept the Quitclaim Deed -Easement. This alternative is not recommended
since Central San would still have the recorded TCE show as a cloud on title.
FINANCIAL IMPACTS
None.
COMMITTEE RECOMMENDATION
The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on November
16, 2022 and recommended
RECOMMENDED BOARD ACTION
Adopt the proposed resolution to (1) execute the Quitclaim Deed -Easement from SFPP and (2) accepting
the Quitclaim Deed -Easement, 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 SEVEN: Innovation and Agility
Strategy 3 - Be adaptable, resilient, and responsive
ATTACHMENTS:
1. Proposed Resolution
November 16, 2022 REEP Committee Meeting Agenda Packet - Page 17 of 35
Page 3 of 3
RESOLUTION NO. 2022-
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
AUTHORIZING THE EXECUTION, ACCEPTANCE AND RECORDING OF A
QUITCLAIM DEED FROM SFPP, L.P., A DELAWARE LIMITED PARTNERSHIP
BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary
District (Central San) as follows:
THAT Central San hereby consents to the execution of a Quitclaim Deed -Easement,
quitclaiming SFPP, L.P.'s temporary construction easement rights over Central San's
parcel, APN 159-140-057 and 159-140-042; and
THAT Central San hereby accepts the Quitclaim Deed -Easement from SFPP, L.P., and
THAT staff is authorized to record the documents in the office of the Recorder of Contra
Costa County.
PASSED AND ADOPTED this day of December 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
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Katie Young
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
Kenton L. Alm, Esq.
Counsel for the District
November 16, 2022 REEP Committee Meeting Agenda Packet - Page 18 of 35