HomeMy WebLinkAbout03.b. Review Draft Position Paper to Adopt Resolution No. 2023-__ Authorizing Execution of a Quitclaim Deed for 0 Paso Nogal in Pleasant Hill and Allow Staff to Record the Deed with Contra Costa Clerk Recorder's OfficePage 1 of 3
Item 3.b.
DCENTRALSAN
MEETING DATE: JUNE 21, 2023
BOARD OF DIRECTORS
POSITION PAPER
DRAFT
SUBJECT: REVIEW DRAFT POSITION PAPER TO ADOPT RESOLUTION NO. 2023-
AUTHORIZING (1) EXECUTION OF A QUITCLAIM DEED FOR 0 PASO
NOGAL IN PLEASANT HILLAND (2) RECORDING OF THE DEED 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: 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 a quitclaim deed and record the
document with the Contra Costa County Clerk- Recorders Office. The General Manager is authorized to
accept a grant of easement or offer of dedication in favor of Central San.
BACKGROUND
Staff received an application to review plans for a single-family residence on a vacant lot at 0 Paso Nogal
in Pleasant Hill (APN 154-140-027).
During the plan review, a sanitary sewer easement (ROW Parcel No.1 with developer Job No. 1946) was
identified that was only partially used by a public manhole in the rear corner of the lot. The majority of the
easement did not contain a public sewer, instead a private sanitary sewer from a home on the original
parcel runs through the public sanitary sewer easement to reach the existing terminating manhole. I n
researching the previous mainline extension jobs, it appeared that the unused easement was granted to
ensure the lot split (into Parcels A, B, and C) of the original larger parcel would not be land -locked from
extending the public sewer system. However, the developers that purchased the other parcels chose to
sewer them from another direction, leaving this sanitary sewer easement unneeded for a public mainline
extension.
June 21, 2023 REEP Committee Meeting Agenda Packet - Page 6 of 18
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To develop this parcel, the owner would need to install utility services that would cross the public sewer
easement and must also comply with turnaround requirements with the fire department, which require
grading and retaining walls, which would all be defined as class two encroachments. Instead of entering
into a Real Property Agreement for the easement when it is no longer needed for a sewer mainline
extension, the property owner requested a quitclaim for the unused portion.
The property owner agreed to an easement exchange, whereas they would (1) record a new grant of
easement for 10 feet by10 feet to encompass the existing, terminating manhole in the rear corner of the
yard and (2) record a new private sanitary sewer easement for the benefit of the neighbor (the original
house on the larger parcel whose lateral runs through the existing public sanitary sewer easement to reach
the existing, terminating manhole); in exchange, Central San would quitclaim the public sanitary sewer
easement that was granted with the original developer Job No. 1946 as ROW Parcel No. 1.
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 ensures the neighboring parcel has
appropriate land rights recorded to their benefit for their existing private side sewer; that Central San has
appropriate land rights recorded for the public's benefit to operate and maintain the existing, terminating
manhole; and that the property owner can develop the lot and meet requirements from other agencies.
FINANCIAL IMPACTS
None. The applicant paid the fee for a quitclaim per the current Ordinance.
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 authorizing (1) execution of a Quitclaim Deed for 0 Paso Nogal in
Pleasant Hill, as listed on the attached Resolution, by the President of the Board and the Secretary of the
District; and (2) authorizing staff to record the document 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 7 of 18
Page 3 of 3
ATTACHMENT 1
RESOLUTION NO. 2023-
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
AUTHORIZING EXECUTION OF QUITCLAIM DEED
TO KOBRA NAZMI, 0 PASO NOGAL IN PLEASANT HILL,
FOR JOB NO. 1946, ROW PARCEL NO. 1
(APN 154-140-027)
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 Kobra
Nazmi, located at 0 Paso Nogal in Pleasant Hill (APN 154-140-027) for Job No. 1946,
ROW Parcel No.1; 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 (day) day of (month) 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
June 21, 2023 REEP Committee Meeting Agenda Packet - Page 8 of 18