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
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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
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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
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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