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HomeMy WebLinkAbout03.a. Adopt proposed Resolution No. 2023-xxx authorizing execution of quitclaim deed for existing easement to the 2001 Rebecca Jean Jacoby Trust for 174 Verde Mesa Drive, Danville (APN: 195-071-011)Page 1 of 4 Item 3.a. DCENTRALSAN MEETING DATE: OCTOBER 17, 2023 BOARD OF DIRECTORS POSITION PAPER DRAFT SUBJECT: REVIEW DRAFT POSITION PAPER TO ADOPT PROPOSED RESOLUTION NO. 2023-XXXAUTHORIZING (1) EXECUTION OF QUITCLAIM DEED FOR EXISTING EASEMENTTO THE 2001 REBECCAJEAN JACOBYTRUST OR THE CURRENT PROPERTY OWNERS AT THAT TIME OF RECORDING THE QUITCLAIM DEEDS FOR 174 VERDE MESA DRIVE, DANVILLE (APN: 195- 071-011)AND (2)AUTHORIZE 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 & DEVELOPMENT SERVICES DIVISION MANAGER GREG NORBY, DEPUTY GENERAL MANAGER - OPERATIONS ROGER S. BAILEY, GENERAL MANAGER 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 I n August 2023 a property owner submitted an application for Central San to quitclaim easement rights that were offered on a Tract Map for the Subdivision in 1952. Central San staff determined that this easement is obsolete since the public sewers were abandoned in 2014 under Diablo Sewer Renovations, Phase 2, DP 5976. ALTERNATIVES/CONSIDERATIONS The Board could decline to quitclaim the easement, although this action would increase Central San's potential liability for lands without active public sewers and could create a cloud on the "chain of title" for the property owners affected. October 17, 2023 Special REEP Committee Meeting Agenda Packet - Page 3 of 31 Page 2 of 4 FINANCIAL IMPACTS A development -related fee was paid by the property owner for the quitclaim deed, as set by current District Ordinance. COMMITTEE RECOMMENDATION This item was reviewed by the Real Estate, Environmental Planning committee on October 18, 2023 and recommended RECOMMENDED BOARD ACTION Adopt the proposed Resolution (1) approving a Quitclaim Deed to the 2001 Rebecca Jean Jacoby Trust or the current property owner(s) at that time of recording the Quitclaim Deeds for 174 Verde Mesa Drive, Danville (APN: 195-071-011) and (2) authorizing staff to record 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 October 17, 2023 Special REEP Committee Meeting Agenda Packet - Page 4 of 31 Page 3 of 4 ATTACHMENT 1 RESOLUTION NO. 2023- A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AUTHORIZING EXECUTION OF QUITCLAIM DEED TO THE 2001 REBECCA JEAN JACOBY TRUST DATED NOVEMBER 21, 2001 AT 174 VERDE MESA DR, DANVILLE APN 195-071-011 WHEREAS, Central Contra Costa Sanitary District (Central San) has determined the easement is unneeded after a sewer realignment; WHEREAS, property owners, The 2001 Jean Jacoby Trust Dated November 21, 2001 requested that Central San quitclaim the unused easement; and WHEREAS, Central San has prepared the attached Quitclaim Deed relinquishing the original easement rights to The 2001 Jean Jacoby Trust Dated November 21, 2001; and 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 Trust, or the current property owners at the time of this recording, at 174 Verde Mesa 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 2nd day of November 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 October 17, 2023 Special REEP Committee Meeting Agenda Packet - Page 5 of 31 Page 4 of 4 Central Contra Costa Sanitary District Resolution No. 2023- 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: J. Leah Castella Counsel for the District October 17, 2023 Special REEP Committee Meeting Agenda Packet - Page 6 of 31