HomeMy WebLinkAbout06. Adopt Resolution No. 2023-019 to approve a Quitclaim Deed for 0 Paso Nogal in Pleasant Hill and authorize staff to record the documentDCENTRALSAN
MEETING DATE: JULY6, 2023
BOARD OF DIRECTORS
POSITION PAPER
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Item 6.
SUBJECT: ADOPT RESOLUTION NO. 2023-019 TO (1)APPROVE A QUITCLAIM DEED
FOR 0 PASO NOGAL I N PLEASANT HI LL AND (2) AUTHORIZE STAFF TO
RECORD THE DOCUMENT 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
Roger S. Bailey
General Manager
EDGAR J. LOPEZ, PROVISIONAL DIRECTOR OF ENGINEERING AND
TECHNICAL SERVICES
Kenton L. Alm
District Counsel
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. However, the grants of easements
offered to Central San do not require Board action since the General Manager is authorized to accept
grants of easements or offers of dedication in favor of Central San and to negotiate and purchase grants
of easements up to $200,000.
BACKGROUND
Staff received an application to review plans for a single-family residence on a vacant lot at 0 Paso Nogal
July 6, 2023 Regular Board Meeting Agenda Packet - Page 34 of 151
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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.
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 and has recorded new grants of easements for (1) a
10 -feet by 10 -feet area to encompass the existing, terminating manhole in the rear corner of the yard to the
benefit of Central San and (2) the existing private lateral to 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.
To complete this exchange, the quitclaim requires Board approval, but the offer of the new grant of
easement encompassing the manhole does not since the General Manager is authorized to accept grants
of easements in favor of Central San.
ALTERNATIVES/CONSIDERATIONS
The Board could decline to authorize the quitclaim for the existing easement where the original sewer was
not constructed. This alternative is not recommended since it does not ensure the neighboring parcel has
appropriate land rights recorded to their benefit for their existing private side sewer; nor that Central San
has appropriate land rights recorded for the public's benefit to operate and maintain the existing,
terminating manhole; and impacts the property owner's ability to develop the lot while meeting
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 approval.
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.
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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
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RESOLUTION NO. 2023-019
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 6th day of July 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
July 6, 2023 Regular Board Meeting Agenda Packet - Page 37 of 151