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HomeMy WebLinkAbout04. Adopt Resolution No.2023-046 authorizing execution of quitclaim deed for 174 Verde Mesa Drive, Danville, and record documents with Contra Costa County Clerk-Recorder's officePage 1 of 4 Item 4. DCENTRALSAN MEETING DATE: NOVEMBER 2, 2023 BOARD OF DIRECTORS POSITION PAPER SUBJECT: ADOPT RESOLUTION NO. 2023-046 AUTHORIZING (1) EXECUTION OF QUITCLAIM DEED FOR EXISTING EASEMENT TO THE 2001 REBECCA JEAN JACOBY TRUST 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) STAFF TO RECORD DOCUMENTS WITH THE CONTRA COSTA COUNTY CLERK -RECORDER'S 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 -Recorder's 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 Central San staff determined that this easement is obsolete since the public sewers were abandoned in 2014 under Diablo Sewer Renovations, Phase 2, DP 5976. November 2, 2023 Special Board Meeting Agenda Packet - Page 16 of 79 Page 2 of 4 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. 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 approval. 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 -Recorder's Office. Strategic Plan Tie -In GOAL ONE: Customer and Community Strategy 1— Deliver high -quality customer service, Strategy 3 - Build neighborhood and industry relations GOAL SIX: Infrastructure Reliability Strategy 1 - Manage assets optimally ATTACHMENTS: 1. Resolution 2023-046 November 2, 2023 Special Board Meeting Agenda Packet - Page 17 of 79 Page 3 of 4 ATTACHMENT 1 RESOLUTION NO. 2023-046 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 November 2, 2023 Special Board Meeting Agenda Packet - Page 18 of 79 Page 4 of 4 Central Contra Costa Sanitary District Resolution No. 2023-046 Page 2 of 2 COUNTERSIGNED: Katie Young, CPMC, CIVIC 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 November 2, 2023 Special Board Meeting Agenda Packet - Page 19 of 79