The URL can be used to link to this page

Home My WebLink About04.a. Review draft Position Paper to adopt two proposed Resolutions and accept an Easement Declaration related to La Ruth Manor Subdivision for District Project 100023, Walnut Creek Sewer Renovations, Phase 16Page 1 of 6 Item 4.a. DCENTRALSAN MEETING DATE: DECEMBER 14, 2022 BOARD OF DIRECTORS POSITION PAPER DRAFT SUBJECT: REVIEW DRAFT POSITION PAPER TO ADOPT TWO PROPOSED RESOLUTIONS AND ACCEPT AN EASEMENT DECLARATION RELATED TO LA RUTH MANOR SUBDIVISION FOR DISTRICT PROJECT 100023, WALNUT CREEK SEWER RENOVATIONS, PHASE 16, AND AUTHORIZE STAFF TO RECORD THE DOCUMENTS WITH THE CONTRA COSTA COUNTY CLERK -RECORDER'S OFFICE 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 EDGAR LOPEZ, CAPITAL PROJECTS DIVISION MANAGER ISSUE A Resolution of the Board of Directors (Board) is required to accept and record an Easement Declaration to use a non-exclusive easement granted via a Declaration of Restrictions for sanitary sewer purposes. BACKGROUND During the planning of sewer renovations in Walnut Creek, staff identified an unauthorized encroachment of a detached garage into the sewer easement. While designing the District Project 100023, Walnut Creek Sewer Renovations, Phase 16, staff attempted to negotiate several easement exchanges to accommodate the garage, which was permitted by Contra Costa County in 1958 but not approved by Central San. The detached garage at the subject property encroached over the five-foot sanitary sewer easement and over the home's side sewer connection to the public sewer main (which is prohibited by Central San's Standard Specifications for Design and Construction and does not comply with the plumbing code). The property owner requested that Central San pay the cost to move the lateral from underneath the garage and create two stub -outs for future accessory dwelling units (AD Us) along with two clean -outs (which is not prohibited by Central San's Standard Specifications for Design and Construction), as well December 14, 2022 REEP Committee Meeting Agenda Packet - Page 4 of 21 Page 2 of 6 as pay the cost for approximately 114 feet of new sewer lateral. The property owner challenged that Central San did not have the necessary easement rights shown on the Subdivision Map since it was not officially dedicated and accepted. Therefore, the property owner alleged that Central San did not have rights for the existing sewer easement or an easement exchange. Further research with Contra Costa County records proves that the Subdivision Map was dedicated and that a second non-exclusive easement was created via an Easement Declaration and recorded on November 9, 1953, by the Developer of the subdivision. This non-exclusive five-foot easement was created in the rear and side property lines of lots 1-8. By declaring use of this non -exclusion easement, staff no longer needs to continue negotiations with the property owner with an easement exchange since Central San has the necessary rights. Central San will relocate the public sewer and provide the standard lateral reconnection improvements, comparable to other projects and properties where similar work is and has been performed; however, relocation of the private sanitary sewer lateral due to the property owner's garage encroachment will be the responsibility of the property owner. Any proposed private work shall be in compliance with Central San's Standard Specifications for Design and Construction, including appropriate fees if, or when, new private facilities are constructed. ALTERNATIVES/CONSIDERATIONS The Board could decline the Easement Declaration. This alternative is not recommended since the non- exclusive five-foot easement can be used for sanitary sewers and benefits Central San. FINANCIAL IMPACTS Minimal staff time and costs directly associated with this acceptance and recording the Easement Declaration. The project has already incurred costs associated with the planning, design, and public outreach for this easement site. COMMITTEE RECOMMENDATION The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on December 14, 2022 and recommended RECOMMENDED BOARD ACTION Adopt proposed Resolutions to accept the Easement Declaration related to La Ruth Manor Subdivision for District Project 100023, Walnut Creek Sewer Renovations, Phase 16; and authorize staff to record the documents with the Contra Costa County Clerk -Recorder's Office. Strategic Plan Tie -In GOAL SIX: Infrastructure Reliability Strategy 1 - Manage assets optimally, Strategy 2 - Execute long-term capital renewal and replacement program ATTACHMENTS: 1. Proposed Easement Declaration 2. Proposed Resolution December 14, 2022 REEP Committee Meeting Agenda Packet - Page 5 of 21 Page 3 of 6 ATTACHMENT 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Attention: Planning and Development Services Division Manager EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§ 6103, 27383 (SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE) EASEMENT DECLARATION Resolution No. 2023- RESOLUTION MAKING EASEMENT DECLARATION IN REGARD TO RIGHTS TO MAINTAIN AND OPERATE THE NEW PUBLIC SEWER MAIN SYSTEM WITHIN THE LA RUTH MANOR SUBDIVISION IN WALNUT CREEK BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District (Central San) as follows: THAT, this declaration is made, generally affecting all lots of La Ruth Manor Subdivision, as shown on the map filed November 9, 1953 in Book 52 of Maps, on page 28, in the Office of the Recorder of Contra Costa County. THAT, the Developer of this Subdivision, Fuller & Eyman, created a non-exclusive easement via a Declaration of Restrictions that was recorded on November 9, 1953, in Book 2221 on page 250, "where within the rear and sidelines of all lots, a right of way five -feet in width is hereby provided for and is hereby reserved in all deeds to be hereafter delivered. In the event that a residence is constructed in such a position so that the present lot line is not the building plot line, said right of way shall be located five feet in width within and adjacent to said building plot line. Said right of way may be used for the benefit of owners of lots in said subdivision for the purpose of installing and maintaining sanitary and storm sewers, gas and water pipelines, electric power, and telephone lines. No structure is to be located over said five-foot strips of land." THAT Central San is formally accepting the easement referred to above and assumes responsibility for maintaining and operating the La Ruth Manor public sewer main system within the various lots under implied rights to do so. PASSED AND ADOPTED this 1911 day of January 2023 by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Barbara D. Hockett President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California December 14, 2022 REEP Committee Meeting Agenda Packet - Page 6 of 21 Page 4 of 6 Easement Declaration Central Contra Costa Sanitary District Resolution No. 2023- Page 2 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 14, 2022 REEP Committee Meeting Agenda Packet - Page 7 of 21 Page 5 of 6 ATTACHMENT 2 RESOLUTION NO. 2023- A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT IN REGARD TO RIGHTS TO MAINTAIN AND OPERATE THE NEW PUBLIC MAIN SEWER SYSTEM WITHIN THE LA RUTH MANOR SUBDIVISION, IN WALNUT CREEK FOR DISTRICT PROJECT 100023 BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District (Central San) as follows: THAT Central San hereby accepts the Easement Declaration that was recorded on November 9, 1953 in Book 2221 on page 250 in the Official Records of Contra Costa County, over Lots 1-8 in the La Ruth Manor Subdivision (as described in Exhibit "A" attached hereto and by this reference made a part hereof as the date of this Resolution); THAT staff is authorized to record the documents with the Contra Costa County Clerk - Recorder's Office. PASSED AND ADOPTED this 19t" day of January 2023 by the Board of Directors of Central San by the following votes: AYES: Members: NOES: Members: ABSENT: Members: Barbara D. Hockett 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 14, 2022 REEP Committee Meeting Agenda Packet - Page 8 of 21 Page 6 of 6 10:/:11:3111r1i1_1ti 2101 San Miguel Drive Walnut Creek, CA 94596 APN: 183-181-001 Lot 1 2115 San Miguel Drive Walnut Creek, CA 94596 APN: 183-181-002 Lot 2 2125 San Miguel Drive Walnut Creek, CA 94596 APN: 183-181-003 Lot 3 2135 San Miguel Drive Walnut Creek, CA 94596 APN: 183-181-004 Lot 4 2126 Norris Road Walnut Creek, CA 94596 APN: 183-181-021 Lot 5 2118 Norris Road Walnut Creek, CA 94596 APN: 183-181-022 LOT 6 2110 Norris Road Walnut Creek, CA 94596 APN: 183-181-023 LOT 7 2102 Norris Road Walnut Creek, CA 94596 APN: 183-181-024 LOT 8 December 14, 2022 REEP Committee Meeting Agenda Packet - Page 9 of 21