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HomeMy WebLinkAbout05. Adopt Resolution No. 2023-030 authorizing execution and recording of a quitclaim deed to Rescore WCMCD, LLC as related to Job 6695 in Walnut CreekDCENTRALSAN MEETING DATE: SEPTEMBER 21, 2023 BOARD OF DIRECTORS POSITION PAPER Page 1 of 4 Item 5. SUBJECT: ADOPT RESOLUTION NO. 2023-030 AUTHORIZING EXECUTION AND RECORDING OF A QUITCLAIM DEED TO RESCORE WCMCD, LLC AS RELATED TO JOB 6694 IN WALNUT CREEK SUBMITTED BY: INITIATING DEPARTMENT: STEPHANIE GRONLUND, ASSOCIATE ENGINEERING AND TECHNICAL SERVICES - ENGINEER PDS -DEVELOPMENT SERVI CES -MAINLINE REVI EW REVIEWED BY: DANA LAWSON, SENIOR ENGINEER 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 -Recorder's Office. BACKGROUND Property owner/developer, Rescore WCMCD, LLC relocated a public sanitary sewer within an existing sanitary sewer easement (easement) as part of Job 6694, which left a portion of the easement without public sewer. At this time, the property owner/developer has requested Central San to release that portion of the easement via a Quitclaim Deed. September 21, 2023 Special Board Meeting Agenda Packet - Page 23 of 174 Page 2 of 4 ALTERNATIVES/CONSIDERATIONS The Board could decline to quitclaim the unused portion of the recorded easement. However, this is not recommended as this action could increase Central San's potential liability for lands without public sewers. FINANCIAL IMPACTS None. The Property owner/developer paid the fees to process the right-of-way documents and to record this Resolution. COMMITTEE RECOMMENDATION The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on August 23, 2023 and recommended Board approval. RECOMMENDED BOARD ACTION Adopt the proposed Resolution authorizing execution and recording of a Quitclaim Deed to Rescore WCMCD, LLC as related to Job 6694 in Walnut Creek. 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. Vicinity Map 2. Proposed Resolution 2023-030 September 21, 2023 Special Board Meeting Agenda Packet - Page 24 of 174 Page 3 of 4 1380 N California Blvd Walnut Creek Developer Job 6694 Map Date: 3/29/2023 September 21, 2023 Special Board Meeting Agenda Packet - Page 25 of 174 Pleasant Hill m� Q Detail Area i`o z Walnut Creek O� \ a� Lafayette p1 7 U �> o Valley-Rd�Z Moraga ,a m 0 X66944 �. ._ llo slgd Mt Dlab N N 0 `Ilk E U e`Ja _ pie" U • • / 3 E OG\ QProject Location and Number L L Iudgear Rd r\ Note: 0 1,000 Map Displayed in North American Datum of 1953 Attachment Central San data as of March 2023. Feet California State Plane, Zone III RPS 0403, US Feet71 1 September 21, 2023 Special Board Meeting Agenda Packet - Page 25 of 174 Page 4 of 4 Attachment 2 RESOLUTION NO. 2023-030 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AUTHORIZING EXECUTION OF A QUITCLAIM DEED TO RESCORE WCMCD, LLC, AT1380 NORTH CALIFORNIA BOULEVARD, WALNUT CREEK APN 178-160-028 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 for a portion of an existing recorded easement to Rescore WCMCD, LLC, a Delaware limited liability company, or current property owner at the time of this recording, at 1380 North California Boulevard, Walnut Creek; 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 26 of 174