HomeMy WebLinkAbout05. Authorize a Quitclaim Deed-Easement to relinquish rights back to property owner re Job 3297 in Lafayette Page 1 of 3
Item 5.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: FEBRUARY23, 2023
SUBJECT: ADOPT RESOLUTION NO. 2023-007 AUTHORIZING EXECUTION OFA
QUITCLAIM DEED-EASEMENTTO RELINQUISH RIGHTS ONAN
ORIGINAL EASEMENT RELATED TO JOB 3297 FROM THE PROPERTY
OWNERS LOCATED AT 3272 GLORIA TERRACE, LAFAYETTE; AND 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 &
TECHNICAL SERVICES
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
ISSUE
A Resolution of the Board of Directors (Board) is required to relinquish rights to sanitary sewer easements
conveyed 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, that easement was not used for extension of
the public mainline sewers and instead installed pipeline was extended along a different route. The current
February 23, 2023 Special Board Meeting Agenda Packet- Page 41 of 122
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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.
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 meeting on January
18, 2023 and recommended approval.
RECOMMENDED BOARD ACTION
Adopt the proposed Resolution authorizing (1) 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
February 23, 2023 Special Board Meeting Agenda Packet- Page 42 of 122
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RESOLUTION NO. 2023-007
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 23, 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
February 23, 2023 Special Board Meeting Agenda Packet- Page 43 of 122