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Home My WebLink About07. Adopt Resolution No. 2023-020 to approve two Quitclaim Deeds for properties located at 1500 Homestead Ave and 100 Royal View Drive in Walnut Creek and authorize staff to record the documentsDCENTRALSAN MEETING DATE: JULY6, 2023 BOARD OF DIRECTORS POSITION PAPER Page 1 of 4 Item 7. SUBJECT: ADOPT RESOLUTION NO. 2023-020 TO (1)APPROVE TWO QUITCLAIM DEED -EASEMENTS FOR PROPERTIES LOCATED AT 1500 HOMESTEAD AVENUE AND 100 ROYAL VIEW DRIVE IN WALNUT CREEK, AND (2) AUTHORIZE 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: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER EDGAR J. LOPEZ, 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 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. July 6, 2023 Regular Board Meeting Agenda Packet - Page 38 of 151 Page 2 of 4 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. Both owners at 1500 Homestead and 100 Royal View have executed and returned the new grants of easements to Central San. The verified location of the sewer main necessitates acquiring a new grant of easement at 80 Royal View Drive. However, that does not require Board action since the General Manager is authorized to accept grants of easements. 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 approval. 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 re -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 July 6, 2023 Regular Board Meeting Agenda Packet - Page 39 of 151 Page 3 of 4 RESOLUTION NO. 2023-020 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AUTHORIZING EXECUTION OF TWO QUITCLAIM DEEDS TO BRANDON WAYNE TYLER AND PAIGE CAILIN TYLER, 1500 HOMESTEAD AVE, AND PETER P. Q. LAI AND RUBY Y. Y. LAI, TRUSTEES, 100 ROYAL VIEW DR, BOTH IN WALNUT CREEK (APNS: 173-042-013, 173-042-012) 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 the following properties and owners: 1. Brandon Wayne Tyler and Paige Cailin Tyler 1500 Homestead Ave, Walnut Creek, CA APN: 173-042-013 Job 8435, ROW Parcel A; 2. Peter P. Q. Lai and Ruby Y. Y. Lai, Trustees 100 Royal View Dr, Walnut Creek, CA APN 173-042-012 Job 8435, ROW Parcel B; 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 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 July 6, 2023 Regular Board Meeting Agenda Packet - Page 40 of 151 Page 4 of 4 Central Contra Costa Sanitary District Resolution No. 2023-020 Page 2 of 2 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 41 of 151