HomeMy WebLinkAbout03.a. Adopt Resolution No. 2023___ to Approve Two Quitclaim Deed-Easements for Properties Located at 1500 Homestead Avenue and 100 Royal View Drive in Walnut Creek and Authorize Staff to RecofPage 1 of 3
Item 3.a.
DCENTRALSAN
MEETING DATE: JUNE 21, 2023
BOARD OF DIRECTORS
POSITION PAPER
DRAFT
SUBJECT: REVIEW DRAFT POSITION PAPER TO ADOPT RESOLUTION NO. 2023-
TO (1)APPROVE TWO QUITCLAIM DEED -EASEMENTS FOR
PROPERTIES LOCATED AT 1500 HOMESTEAD AVENUE AND 100 ROYAL
VIEW DRIVE IN WALNUT CREEK, AND (2)AUTHORIZING STAFF TO
RECORD THE DOCUMENTS WITH THE CONTRA COSTA COUNTY CLERK -
RECORDERS OFFICE
SUBMITTED BY: INITIATING DEPARTMENT:
DANA LAWSON, SENIOR ENGINEER ENGINEERING AND TECHNICAL SERVICES -
PDS - DEVELOPMENT SERVICES - RIGHT OF
WAY
REVIEWED BY: DANA LAWSON, SENIOR ENGINEER
DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION
MANAGER
EDGAR J. LOPEZ, PROVISIONAL DIRECTOR OF ENGINEERING AND
TECHNICAL SERVICES
ISSUE
A Resolution of the Board of Directors (Board) is required to execute Quitclaim Deeds and to record the
documents with the Contra Costa County Clerk- Recorders Office. The General Manager is authorized to
negotiate and purchase grants of easements up to $200,000 or offers of dedication in favor of Central
San.
BACKGROUND
Staff received an application to review plans for a backyard remodel at 1500 Homestead Avenue in Walnut
Creek, where the property owner had begun work without approval of their plans or obtaining a grading
permit. During their construction, Central San's sewer main was exposed and determined to be outside of
the recorded five feet wide sanitary sewer easement (per GOE 1917 OR 156 recorded April 10, 1952) on
this property and the uphill property (100 Royal View Drive) as well. Staff approached the property owners
with an Easement Exchange to acquire a new grant of easement and an associated quitclaim of the
existing easement, to resolve the discrepancy. The verified location of the sewer main necessitates
acquiring a new grant of easement at 80 Royal View Drive.
June 21, 2023 REEP Committee Meeting Agenda Packet - Page 3 of 18
Page 2 of 3
ALTERNATIVES/CONSIDERATIONS
The Board could decline to authorize the quitclaim for the existing easements, where the original sewer
was not constructed. This alternative is not recommended since it does not provide Central San with the
land rights necessary to operate and maintain the sewer in its actual location and could create a cloud on
the "chain of title" for the property owners affected.
FINANCIAL IMPACTS
Staff time was spent to survey the location of the original sewer pipe, prepare the Grant of Easement and
Quitclaim Deeds with associated Plat and Legal Descriptions, and communicate with the property owners.
The uphill property owners, who were not engaged in the backyard remodel were offered a nominal $500
each for their time to resolve the land rights issue with Central San.
COMMITTEE RECOMMENDATION
The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on June 21,
2023 and recommended
RECOMMENDED BOARD ACTION
Adopt the proposed Resolution approving two Quitclaim Deeds for the properties located at 1500
Homestead Avenue and 100 Royal View Drive, both in Walnut Creek, as listed on the attached Resolution,
and authorize the President of the Board and the Secretary of the District to execute the deeds; and
authorize staff to record the documents with the Contra Costa County Clerk Recorders 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
June 21, 2023 REEP Committee Meeting Agenda Packet - Page 4 of 18
Page 3 of 3
RESOLUTION NO. 2023-
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
AUTHORIZING EXECUTION AND RECORDING OF TWO
QUITCLAIM DEEDS, TO BRANDON WAYNE TYLER AND PAIGE CAILIN TYLER AT
1500 HOMESTEAD AVENUE, WALNUT CREEK, AND PETER P. Q. LAI AND RUBY
Y. Y. LAI, TRUSTEES AT 100 ROYAL VIEW DRIVE, WALNUT CREEK
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
property owner Brandon Wayne Tyler and Paige Cailin Tyler located at 1500
Homestead Avenue, Walnut Creek, CA 94598, (APN: 173-042-013) Parcel A, and to
property owner Peter P. Q. Lai and Ruby Y. Y. Lai, Trustees, at 100 Royal View Drive,
Walnut Creek, CA 94598, (APN 173-042-012) Parcel B, quitclaiming Central San's
easement rights; 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 in the office of the Recorder of
Contra Costa County.
PASSED AND ADOPTED this day of 2023, by the Board of
Directors of the District 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
June 21, 2023 REEP Committee Meeting Agenda Packet - Page 5 of 18