HomeMy WebLinkAbout10. Accept an Easement Declaration related to La Ruth Manor Subdivision for District Project 100023, Walnut Creek Sewer Renovations, Phs 16Item 10.
BOARD OF DI RECTORS
POSIT ION PA PER
M E E T ING D AT E:J A NUA RY 19, 2023
S UB J E C T: A D O P T R E S O L UT I O N NO. 2023-003 TO A C C E P T A N E A S E ME NT
D E C L A R AT I O N R E L AT E D TO L A R UT H MA NO R S UB D I V I S I O N F O R
D I S T R I C T P R O J E C T 100023, W A L NUT C R E E K S E W E R R E NO VAT I O NS,
P HA S E 16, A ND A UT HO R I Z I NG S TA F F TO R E C O R D D O C UME NT S W I T H
T HE C O NT R A C O S TA C O UNT Y C L E R K -R E C O R D E R
S UB M I T T E D B Y:
K AT HL E E N R O D R I G UE Z , R E A L P R O P E RT Y
A G E NT
I NI T I AT I NG D E PART M E NT:
E NG I NE E R I NG A ND T E C HNI C A L S E RV I C E S -
P D S - D E V E L O P ME NT S E RV I C E S - R I G HT O F
WAY
RE V IE WE D B Y:D A NA L AW S O N, S E NI O R E NG I NE E R
D A NE A G E MME L L , P L A NNI NG A ND D E V E L O P ME NT S E RV I C E S D I V I S I O N
MA NA G E R
E D G A R L O P E Z , C A P I TA L P R O J E C T S D I V I S I O N MA NA G E R
Roger S. Bailey
General Manager
K enton L . Alm
District Counsel
IS S UE
A R esolution of the B oard of D irectors (B oard) is required to accept and record an Easement D eclaration
to use a non-exclusive easement granted via a Declaration of R estrictions for sanitary sewer purposes.
B AC K G RO UND
D uring the planning of sewer renovations in Walnut Creek, staff identified an unauthorized encroachment
of a detached garage into the sewer easement. W hile designing D istrict Project 100023, Walnut Creek
Sewer R enovations, Phase 16, staf f attempted to negotiate several easement exchanges to
January 19, 2023 Regular Board Meeting Agenda Packet - Page 62 of 319
Page 1 of 6
accommodate the garage, which was permitted by C ontra C osta C ounty in 1958 but not approved by
C entral San. T he detached garage at the subject property encroached over the f ive-f oot sanitary sewer
easement and over the home’s side sewer connection to the public sewer main (which is prohibited by
C entral San's Standard Specifications for Design and Construction and does not comply with the plumbing
code).
T he property owner requested that C entral San pay the cost to move the lateral f rom underneath the
garage and create two stub-outs f or f uture accessory dwelling units (A D Us) along with two clean-outs
(which is prohibited by Central S an's Standard Specifications for Design and Construction), as well as
pay the cost f or approximately 114-f eet of new sewer lateral. T he property owner challenged that C entral
San did not have the necessary easement rights shown on the S ubdivision Map since it was not officially
dedicated and accepted. T heref ore, the property owner alleged that Central S an did not have rights for the
existing sewer easement or an easement exchange.
F urther research of the C ontra C osta C ounty records proves that the Subdivision Map was dedicated and
that a second non-exclusive easement was created via an E asement Declaration and recorded on
November 9, 1953 by the D eveloper of the subdivision. T his non-exclusive f ive-f oot easement was
created in the rear and side property lines of L ots 1-8.
By declaring use of this non-exclusive easement, staf f no longer needs to continue negotiations with the
property owner with an easement exchange since Central S an has the necessary rights.
C entral 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 perf ormed; 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 C entral San's
Standard Specifications for Design and Construction, including appropriate fees if or when new private
facilities are constructed.
ALT E RNAT I V E S /C O NS I D E RAT IO NS
T he B oard could decline the Easement D eclaration. T his alternative is not recommended since the non-
exclusive f ive-f oot easement can be used f or sanitary sewers and benef its Central S an.
F I NANC IAL I M PAC T S
Minimal staff time and costs are directly associated with this acceptance and recording of the
Easement D eclaration. T he project has already incurred costs associated with the planning, design, and
public outreach f or this easement site.
C O M M I T T E E RE C O M M E ND AT IO N
T he Real Estate, E nvironmental and Planning C ommittee reviewed this matter at its meeting on
D ecember 14, 2022 and recommended approval.
RE C O M M E ND E D B O ARD AC T I O N
Adopt a R esolution to accept the Easement D eclaration related to L a R uth Manor S ubdivision for D istrict
Project 100023, Walnut Creek Sewer R enovations, Phase 16; and authorizing staff to record the documents
with the Contra Costa County Clerk-Recorder.
January 19, 2023 Regular Board Meeting Agenda Packet - Page 63 of 319
Page 2 of 6
Strategic Plan Tie-I n
G O A L S I X: I nfrastructure Reliability
Strategy 1 - Manage assets optimally, Strategy 2 - Execute long-term capital renewal and replacement program
AT TAC HM E NT S :
D escription
1. P roposed Resolution
January 19, 2023 Regular Board Meeting Agenda Packet - Page 64 of 319
Page 3 of 6
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 AOVE THIS LINE RESERVED FOR RECORDERS USE)
EASEMENT DECLARATION
RESOLUTION NO. 2023-003
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 under implied rights to do so within 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.
January 19, 2023 Regular Board Meeting Agenda Packet - Page 65 of 319
Page 4 of 6
Central Contra Costa Sanitary District
Easement Declaration
Resolution No. 2023-003
Page 2
PASSED AND ADOPTED this 19th 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
January 19, 2023 Regular Board Meeting Agenda Packet - Page 66 of 319
Page 5 of 6
Central Contra Costa Sanitary District
Easement Declaration
Resolution No. 2023-003
Page 3
Exhibit A
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
January 19, 2023 Regular Board Meeting Agenda Packet - Page 67 of 319
Page 6 of 6