HomeMy WebLinkAbout04.a. Review draft to adopt a resolution authorizing reduction and execution of Quitclaim Dees re to 2072 Diablo Alameda, Diablo Page 1 of 3
Item 4.a.
CENTRAL SAN BOARD OF DIRECTORS
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POSITION PAPER
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DRAFT
MEETING DATE: FEBRUARY22, 2023
SUBJECT: REVIEW DRAFT POSITION PAPER TO ADOPTA RESOLUTION
AUTHORIZING (1) REDUCTION OF THE ORIGINAL EASEMENT (PARTIAL
QUITCLAIM DEED)AND REAL PROPERTYAGREEMENT (RPA)
RECORDED AUGUST 2022, (2) EXECUTION OF A QUITCLAIM DEED AS
RELATED TO 2072 ALAMEDA DIABLO, DIABLO, CALIFORNIA, AND (3)
STAFF TO RECORD 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, PROVISIONAL DIRECTOR OF ENGINEERING AND
TECHNICAL SERVICES
ISSUE
A Resolution of the Board of Directors (Board) is required to consent to the reduction of the width of an
original easement and to execute a Partial Quitclaim Deed and record the documents.
BACKGROUND
Last April, staff received an application to review plans for a house remodel a 2072 Alameda Diablo,
Diablo, California determined that a corner of the detached garage encroached into a 6.5 foot wide
sanitary sewer easement (SSE). The applicant requested to legalize the structure with the local building
jurisdiction and Central San executed an Agreement Related to Real Property (RPA)for the existing
encroachment. However, the applicant now wishes to convert the detached garage into an Accessory
Dwelling Unit (ADU) and requested Central San to reduce their easement width.
Staff informed the property owner that only the Board has the discretion to reduce the easement width
through the authorization of a partial quitclaim of easement rights. The applicant requested that staff
proceed with their request to the Board since reducing the width of the easement would no longer define
the garage as an encroachment. This also allows the garage to be upgraded to an ADU and the RPA
recorded in August 2022 can be quitclaimed and cleared from title.
February 22, 2023 REEP Committee Meeting Agenda Packet- Page 4 of 21
Page 2 of 3
While the existing structure encroaches 0.6 feet into the 6.5 foot wide SSE on 2072 Alameda Diablo,
there is another 10 foot wide SSE on the neighboring property(2079 Calle Los Callados) at the same
property line. The combined easement width, less the encroachment, exceeds the 15 feet required in
Central San's Standard Specifications for Design and Construction. Within these easements, almost
beneath the fence line, is an eight inch sewer that was replaced due to pipe bursting in 2011. Maintenance
records indicate there are no defects or maintenance issues at this time. Therefore, the impact would be
nominal to the District's use of the easement.
ALTERNATIVES/CONSIDERATIONS
1. Adopt a Resolution authorizing reduction of the original easement (partial quitclaim) and quitclaim of
the RPA recorded August 2022; and authorize staff to record documents with the Contra Costa
County Clerk-Recorder's Office.
2. Reject the request to reduce the width of the original easement (partial quitclaim); instead adopt a
Resolution authorizing an amendment to the RPA to allow the upgraded Class 2 encroachment; and
authorizing staff to record documents with the Contra Costa County Clerk-Recorder's Office.
3. Reject the request to authorize the quitclaim or amendment to the RPA.
4. Provide some other direction to staff.
FINANCIAL IMPACTS
A development fee was paid to amend the real property agreement, as set by District Ordinance No. 321.
COMMITTEE RECOMMENDATION
The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on February
22, 2023 and recommended
RECOMMENDED BOARD ACTION
Adopt the proposed Resolution authorizing (1) reduction of the original easement (partial Quitclaim) and
RPA recorded August 2022, (2) execution of a Quitclaim Deed as related to 2072 Alameda Diablo,
Diablo, California, and (3) 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
ATTACHMENTS:
1. Proposed Resolution
February 22, 2023 REEP Committee Meeting Agenda Packet- Page 5 of 21
Page 3 of 3
Attachment 1
RESOLUTION NO. 2023-
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
AUTHORIZING EXECUTION OF TWO QUITCLAIM DEEDS
RELATED TO 2072 ALAMEDA DIABLO, DIABLO
APN 195-290-010
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 two Quitclaim Deeds (a Partial and a
Full Quitclaim Deed) to the following property owner related to the indicated property:
Assessors' Parcel No.: 195-290-010
Property Owner(s): Mark L. Nittler and C.F. Nittler, Trustees
Site Address: 2072 Alameda Diablo, Diablo, CA 94528
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 2nd day of March 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
February 22, 2023 REEP Committee Meeting Agenda Packet- Page 6 of 21