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HomeMy WebLinkAbout09. Adopt a resolutioin authorizing reduction and execution of Quitclaim Deeds related to 2072 Alameda Diablo in Diablo Page 1 of 4 Item 9. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: MARCH 2, 2023 SUBJECT: ADOPT RESOLUTION NO. 2023-014 AUTHORIZING (1) EXECUTION OFA QUITCLAIM DEED AS RELATED TO 2072 ALAMEDA DIABLO, DIABLO, CALIFORNIA THAT (A) REDUCES THE ORIGINAL EASEMENT (PARTIAL QUITCLAIM)AND (B) QUITCLAIMS THE REAL PROPERTYAGREEMENT (RPA); AND (2) 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 Roger S. Bailey Kenton L. Alm General Manager District Counsel 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 at 2072 Alameda Diablo, Diablo, California and 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 March 2, 2023 Regular Board Meeting Agenda Packet- Page 68 of 313 Page 2 of 4 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 to 5-feet (a reduction of 1.5-feet from the existing 6.5-feet). 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. 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 using pipe bursting methods 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 This matter was originally scheduled to be heard on February 22, 2023 by the Real Estate, Environmental and Planning Committee, which was cancelled. Therefore, this item is being brought directly to the Board for consideration and approval. RECOMMENDED BOARD ACTION Adopt the proposed Resolution authorizing authorizing (1) execution of a Quitclaim Deed as related to 2072 Alameda Diablo, Diablo, California that a) reduces the original easement (partial Quitclaim) and b) quitclaims the Real Property Agreement (RPA); and (2) staff to record documents with the Contra Costa County Clerk-Recorder's Office. Strategic Plan re-In GOAL ONE: Customer and Community Strategy 1—Deliver high-quality customer service March 2, 2023 Regular Board Meeting Agenda Packet- Page 69 of 313 Page 3 of 4 GOAL SIX:Infrastructure Reliability Strategy 1 - Manage assets optimally ATTACHMENTS: 1. Proposed Resolution March 2, 2023 Regular Board Meeting Agenda Packet- Page 70 of 313 Page 4 of 4 Attachment 1 RESOLUTION NO. 2023-014 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AUTHORIZING EXECUTION OF TWO QUITCLAIM DEEDS RELATED TO 2072 ALAMEDA DIABLO, DIABLO, CALIFORNIA 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 March 2, 2023 Regular Board Meeting Agenda Packet- Page 71 of 313