HomeMy WebLinkAbout05.b. Adopt Resolutions for Quitcalim Deed Easement for 3272 Gloria Terrace, Lafayette - DP 3297Page 1 of 3
Item 5.b.
CDr EENI RAL SAN BOARD OF •'
�J POSITION PAPER
CENTRAL CONTRA COSTA SANITARY DISTRICT �
� •
MEETING DATE: JANUARY31, 2023
SUBJECT: REVIEW DRAFT POSITION PAPER TO ADOPTA RESOLUTION (1)
AUTHORIZING EXECUTION OF A QUITCLAIM DEED -EASEMENT TO
RELINQUISH RIGHTS ONAN ORIGINAL EASEMENT RELATED TO JOB
3297 FROM THE PROPERTY OWNERS LOCATED AT 3272 GLORIA
TERRACE, LAFAYETTE;AND (2)AUTHORIZING STAFF TO RECORD
DOCUMENTS WITH THE CONTRA COSTA COUNTY CLERK -RECORDER'S
OFFICE
SUBMITTED BY:
INITIATING DEPARTMENT:
KATHLEEN RODRIGUEZ, REAL PROPERTY SECRETARY OF THE DISTRICT
AGENT
REVIEWED BY: DANA LAWSON, SENIOR ENGINEER
DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION
MANAGER
ISSUE
A Resolution of the Board of Directors is required to relinquish rights to sanitary sewer easements since
those are conveyed as real property interest to Central San.
BACKGROUND
On November 19, 1979, the property owners located at 3272 Gloria Terrace, Lafayette granted Central
San an easement over a portion of their property. Since then, Central San has not used that easement for
its sewer construction and instead installed its pipeline along a different route. The current property owner
is requesting that Central San quitclaim this easement so that it no longer encumbers their property.
ALTERNATIVES/CONSIDERATIONS
The Board could decline to quitclaim the unused easement although that action could result in the property
owner pursuing legal action against Central San to clear title on the property.
January 31, 2023 Special REEP Committee Meeting Agenda Packet - Page 18 of 25
Page 2 of 3
FINANCIAL IMPACTS
None. A development -related fee was paid by the property owner to process the quitclaim, as set by
District Ordinance No. 321.
COMMITTEE RECOMMENDATION
The Real Estate, Environmental and Planning Committee reviewed this matter at its special meeting on
January 31, 2023 and recommended
RECOMMENDED BOARD ACTION
Adopt the proposed Resolution (1) authorizing execution of a Quitclaim Deed -Easement to relinquish
rights on an original easement related to Job 3297 from the property owners located at 3272 Gloria
Terrace, Lafayette; and (2) authorizing staff to record documents with the Contra Costa County Clerk -
Recorder's Office.
Strategic Plan Tie -In
GOAL ONE: Customer and Community
Strategy 1 - Deliver high -quality customer service
GOAL SIX: Infrastructure Reliability
Strategy 1 - Manage assets optimally
ATTACHMENTS:
1. Proposed Resolution
January 31, 2023 Special REEP Committee Meeting Agenda Packet - Page 19 of 25
Page 3 of 3
RESOLUTION NO. 2023-
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
AUTHORIZING EXECUTION OF A QUITCLAIM DEED
TO THE PROPERTY OWNERS, LARRY E. MILLER AND
AVA VIDAL-MILLER AT 3272 GLORIA TERRACE, LAFAYETTE, CA 94549
JOB 3297 - PARCEL NO. 1, APN 166-240-031
NOW THEREFORE 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 to Larry E.
Miller and Ava Vidal -Miller, Trustees, Miller Trust, dated February 22, 1989, as
community property, located in Lafayette, CA dated February , 2023; and
THAT the President of the Board of Directors and the Secretary of the District are
hereby authorized to execute said document for and on behalf of Central San; and
THAT staff is authorized to record said document with the Contra Costa County Clerk -
Recorder's Office.
PASSED AND ADOPTED this (23rd) day of (February) 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
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 31, 2023 Special REEP Committee Meeting Agenda Packet - Page 20 of 25