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HomeMy WebLinkAbout06. Authorize easement exhanges related to 1320, 1336, and 1390 Creekside Drive, Walnut Creek re District Project 8460 Page 1 of 8 Item 6. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: FEBRUARY23, 2023 SUBJECT: ADOPT RESOLUTION NOS. 2023-008 THROUGH 2023-013 TO ACCEPT GRANT OF EASEMENT DEEDS (RELATED TO THE WALNUT CREEK SEWER RENOVATIONS, PHASE 14, DISTRICT PROJECT 8460) FROM PROPERTY OWNERS AT 1320, 1336, AND 1390 CREEKSIDE DRIVE IN WALNUT CREEK; AUTHORIZE EXECUTION OF QUITCLAIM DEEDS TO THE SAME PROPERTY OWNERS FOR ABANDONED EASEMENTS RELATED TO THE PROJECT; AND AUTHORIZING STAFF TO RECORD THE DOCUMENTS WITH THE CONTRA COSTA COUNTY CLERK- RECORDER'S OFFICE SUBMITTED BY: INITIATING DEPARTMENT: DAVID KRAMER, REAL PROPERTYAGENT ENGINEERING AND TECHNICAL SERVICES - PDS - DEVELOPMENT SERVICES - RIGHT OF WAY REVIEWED BY: DANA LAWSON, SENIOR ENGINEER DANEA GEMMELL, PROVISIONAL DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES 46' Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE Per District Code Section 7.03.020, only the Board of Directors (Board) may quitclaim or vacate property interests for sanitary sewers. February 23, 2023 Special Board Meeting Agenda Packet- Page 44 of 122 Page 2 of 8 BACKGROUND A Resolution of the Board is required to accept the Grant of Easement deeds and execute the Quitclaim deeds for sanitary sewers, as these are related to easement exchanges on the same properties, and authorizing staff to record the documents with the Contra Costa County Clerk-Recorder's Office. The subject easements and quitclaims are needed to accommodate a new alignment within these properties: 1320 Creekside Drive; APN: 183-092-012; Lenworth Properties LP 1336 Creekside Drive; APN: 183-092-007; Pinewood Properties LP 1390 Creekside Drive; ANN: 183-080-030; ALC 2020, Inc. ALTERNATIVES/CONSIDERATIONS The Board could decline to accept the Grant of Easement deeds and approve the Quitclaim deeds. This alternative is not recommended since Central San would not have the land rights necessary to reconstruct, maintain, or operate the relocated public sanitary sewers. FINANCIAL IMPACTS The easements were acquired at no cost to Central San since they were part of easement exchanges on the same property. 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 Resolutions (1) accepting Grant of Easement deeds; (2) approving Quitclaim deeds (all related to the Walnut Creek Sewer Renovations, Phase 14, District Project 8460)from owners of the properties located at 1320, 1336, and 1390 Creekside Drive in Walnut Creek; and (3) authorizing staff to record the documents with the Contra Costa County Clerk-Recorder's Office. Strategic Plan Tie-In GOAL SIX: Infrastructure Reliability Strategy 2- Execute long-term capital renewal and replacement program ATTACHMENTS: 1. Proposed Resolution, Quitclaim-Lenworth property 2. Proposed Resolution, Quitclaim-Pinewood property 3. Proposed Resolution, Quitclaim-ALC property 4. Proposed Resolution, Grant/Easement-Lenworth property 5. Proposed Resolution, Grant/Easement-Pinewood property 6. Proposed Resolution, Grant/Easement-ALC property February 23, 2023 Special Board Meeting Agenda Packet- Page 45 of 122 Page 3 of 8 Attachment 1 RESOLUTION NO. 2023-008 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AUTHORIZING EXECUTION OF QUITCLAIM DEED TO LENWORTH PROPERTIES LP, DISTRICT PROJECT 8460, WALNUT CREEK SEWER RENOVATIONS, PHASE 14 PARCEL NO. 3, WALNUT CREEK, APN 183-092-012 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 Lenworth Properties LP, District Project 8460, Walnut Creek Sewer Renovations Phase 14, Parcel No. 3, Walnut Creek 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 46 of 122 Page 4 of 8 Attachment 2 RESOLUTION NO. 2023-009 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AUTHORIZING EXECUTION OF QUITCLAIM DEED TO PINEWOOD PROPERTIES LP, DISTRICT PROJECT 8460, WALNUT CREEK SEWER RENOVATIONS PHASE 14 PARCEL NO. 2, WALNUT CREEK, APN 183-092-007 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 Pinewood Properties LP, District Project 8460, Walnut Creek Sewer Renovations Phase 14, Parcel No. 2, Walnut Creek 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 47 of 122 Page 5 of 8 Attachment 3 RESOLUTION NO. 2023-010 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AUTHORIZING EXECUTION OF QUITCLAIM DEED TO ALC 2020, INC., DISTRICT PROJECT 8460, WALNUT CREEK SEWER RENOVATIONS PHASE 14 PARCEL NO. 1, WALNUT CREEK, APN 183-080-030 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 ALC 2020, Inc., District Project 8460, Walnut Creek Sewer Renovations Phase 14, Parcel No. 1 , Walnut Creek 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 48 of 122 Page 6 of 8 Attachment 4 RESOLUTION NO. 2023-011 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ACCEPTING A GRANT OF EASEMENT FROM LENWORTH PROPERTIES LP, DISTRICT PROJECT 8460, WALNUT CREEK SEWER RENOVATIONS PHASE 14 PARCEL NO. 3, WALNUT CREEK, APN 183-092-012 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 accepts a Grant of Easement from Lenworth Properties LP, District Project 8460, Walnut Creek Sewer Renovations Phase 14, Parcel No. 3, Walnut Creek, dated June 9th, 2020; 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 49 of 122 Page 7 of 8 Attachment 5 RESOLUTION NO. 2023-012 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ACCEPTING A GRANT OF EASEMENT FROM PINEWOOD PROPERTIES LP, DISTRICT PROJECT 8460, WALNUT CREEK SEWER RENOVATIONS PHASE 14 PARCEL NO. 2, WALNUT CREEK, APN 183-092-007 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 accepts a Grant of Easement from Pinewood Properties LP, District Project 8460, Walnut Creek Sewer Renovations Phase 14, Parcel No. 2, Walnut Creek, dated March 24th, 2020; 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 50 of 122 Page 8 of 8 Attachment 6 RESOLUTION NO. 2023-013 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ACCEPTING A GRANT OF EASEMENT FROM ALC 2020 INC., DISTRICT PROJECT 8460, WALNUT CREEK SEWER RENOVATIONS PHASE 14 PARCEL NO. 1, WALNUT CREEK, APN 183-080-030 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 accepts a Grant of Easement from ALC 2020, Inc., District Project 8460, Walnut Creek Sewer Renovations Phase 14, Parcel No. 1, Walnut Creek, dated March 24th, 2020; 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 51 of 122