HomeMy WebLinkAbout08. Authorize execute and accept a Quitclaim Deed-Easement to relinquish rights of a temporary Construction Easement from SFPP (Kinder Morgan) re to the Lagiss property Page 1 of 3
Item 8.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: DECEMBER 1, 2022
SUBJECT: ADOPT RESOLUTION NO. 2022-081 (1)AUTHORIZING EXECUTION OFA
QUITCLAIM 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
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
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
I n April 2004, after receiving approval from the Board, Central San entered into an agreement to grant a
100-foot wide temporary construction easement (TCE)to SFPP, L.P., a subsidiary of Kinder Morgan. This
December 1, 2022 Regular Board Meeting Agenda Packet- Page 60 of 157
Page 2 of 3
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.
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 approval.
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 re-In
GOAL ONE: Customer and Community
Strategy 1—Deliver high-quality customer service, Strategy 3- Build neighborhood and industry relations
ATTACHMENTS:
1. Proposed Resolution
December 1, 2022 Regular Board Meeting Agenda Packet- Page 61 of 157
Page 3 of 3
RESOLUTION NO. 2022-081
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 1St 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
COUNTERSIGNED:
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
December 1, 2022 Regular Board Meeting Agenda Packet- Page 62 of 157