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HomeMy WebLinkAbout04. Adopt Resolution 2023-029 authorizing execution of quitclaim deed for existing easements to the Benjamin Family Trust, or the current property owners at the time of recording for 331 Laurel Drive, Danville (APN 216-0420002)DCENTRALSAN MEETING DATE: SEPTEMBER 21, 2023 BOARD OF DIRECTORS POSITION PAPER Page 1 of 3 Item 4. SUBJECT: ADOPT RESOLUTION NO. 2023-029 AUTHORIZING 1) EXECUTION OF QUITCLAIM DEED FOR EXISTING EASEMENTS TO THE BENJAMIN FAMILYTRUST, OR THE CURRENT PROPERTY OWNERS AT THE TIME OF RECORDING FOR 331 LAUREL DRIVE, DANVILLE (APN: 216-042-002) AND 2) STAFF TO RECORD 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 GREG NORBY, DEPUTY GENERAL MANAGER - OPERATIONS 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. BACKGROUND In March 2023 a property owner requested easement information on their property where they would be submitting building plans for review. An easement was offered on a Tract Map for the Subdivision in 1965. Central San staff determined that this easement was obsolete as no public sewers were constructed nor September 21, 2023 Special Board Meeting Agenda Packet - Page 20 of 174 Page 2 of 3 will be constructed within it. Therefore, the property owner requested that Central San quitclaim the easement. ALTERNATIVES/CONSIDERATIONS The Board could decline to quitclaim this unused easement, although this action would increase Central San's potential liability for lands without public sewers and could create a cloud on the "chain of title" for the property owner affected. FINANCIAL IMPACTS A development -related fee was paid by the property owner for the quitclaim deed, as set by District Ordinance. COMMITTEE RECOMMENDATION The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on August 23, 2023 and recommended approval. RECOMMENDED BOARD ACTION Adopt the proposed Resolution 1) approving a Quitclaim Deed to The Benjamin Family Trust, or the current property owner(s) at the time of recording, for 331 Laurel Drive, Danville (APN: 216-042-002), and 2) authorizing 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 2023-029 September 21, 2023 Special Board Meeting Agenda Packet - Page 21 of 174 Page 3 of 3 Attachment 1 RESOLUTION NO. 2023-029 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AUTHORIZING EXECUTION OF QUITCLAIM DEED TO THE BENJAMIN FAMILY TRUST DATED APRIL 15, 2014, AT 331 LAUREL DR, DANVILLE APN 216-042-002 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 Benjamin Family Trust Dated April 15, 2014 at 331 Laurel Dr, Danville; 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 21St day of September 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, CMC 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 September 21, 2023 Special Board Meeting Agenda Packet - Page 22 of 174