HomeMy WebLinkAbout04.a. CONDUCT A HEARING TO CONSIDER RELINQUISHMENT OF A DISTRICTCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: AprII 1, 2010 No.: 4.a. Hearings
Type of Action: CONDUCT HEARING; ADOPT RESOLUTIONS
Subject: CONDUCT A HEARING TO CONSIDER RELINQUISHMENT OF A DISTRICT
SEWER AT 2477 ARNOLD INDUSTRIAL WAY, CONCORD; ADOPT A RESOLUTION
ORDERING RELINQUISHMENT OF THE SEWER AND AUTHORIZING RECORDING
OF THE DOCUMENT, AND ADOPT A RESOLUTION AUTHORIZING EXECUTION OF
A QUITCLAIM DEED FOR ITS ASSOCIATED EASEMENT TO CENTRAL CONTRA
COSTA TRANSIT AUTHORITY AND AUTHORIZING RECORDING OF THE
DOCUMENT (DISTRICT JOB 3616, PARCEL 1)
Submitted By: Initiating DeptJDiv.:
Ricardo Hernandez, SRM/A Engineering/Environmental Services
Senior Right of Way Agent
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
R S. and A. Farr I K. Alm. Jam
General Manager
ISSUE: A resolution of the Board of Directors is required to relinquish a sewer facility
or quitclaim an easement. The Board must conduct a hearing before considering a
Resolution for Relinquishment and atwo-thirds vote is required for adoption of the
resolution. The District must send the property owner a written notice of the date and
time of the Board meeting where the relinquishment hearing will be conducted.
RECOMMENDATION: Conduct a hearing to consider relinquishment of a public sewer
at 2477 Arnold Industrial Way, Concord. Adopt a resolution ordering relinquishment of
the sewer, and adopt a resolution authorizing execution of a quitclaim deed for its
associated easement to the property owner (Central Contra Costa Transit Authority)
and recording of the document with the Contra Costa County Recorder.
FINANCIAL IMPACTS: Future maintenance of the
sewer will be the responsibility of the property owner.
ALTERNATIVESICONSIDERATIONS: The Board
could decline to relinquish the sewer and quitclaim
the easement. If the sewer remains in the District's
collection system, numerous encroachments within
the existing easement will need to be resolved.
BACKGROUND: Central Contra Costa Transit
Authority (CCCTA) requested permission to allow an
encroachment consisting of an Oil Water Separator
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POSITION PAPER
Board Meeting Date: April 1, 2010
Subject CONDUCT A HEARING TO CONSIDER RELINQUISHMENT OF A DISTRICT
SEWER AT 2477 ARNOLD INDUSTRIAL WAY, CONCORD; ADOPT A RESOLUTION
ORDERING RELINQUISHMENT OF THE SEWER AND AUTHORIZING RECORDING
OF THE DOCUMENT, AND ADOPT A RESOLUTION AUTHORIZING EXECUTION Of
A QUITCLAIM DEED FOR ITS ASSOCIATED EASEMENT TO CENTRAL CONTRA
COSTA TRANSIT AUTHORITY AND AUTHORIZING RECORDING OF THE
DOCUMENT (DISTRICT JOB 3616, PARCEL 1)
within a District easement on their property. After reviewing their request, staff has
determined that relinquishing the sewer and quitclaiming the associated easement
would be a better option in this case. This alternative gives the property owner the
flexibility to install improvements on their property as needed. Additionally, the sewer
serves only the CCCTA property and other encroachments exist within the easement.
District Code Section 9.30 provides for the Board to consider relinquishment of a
District sewer after conducting a properly noticed hearing; and Section 7.03 sets the
procedure for quitclaiming easements. The required notice has been sent to CCCTA,
the owner of record.
RECOMMENDED BOARD ACTION: Conduct a hearing to consider relinquishment of
a public sewer at 2477 Arnold Industrial Way, Concord. Adopt a resolution ordering
relinquishment of the sewer and authorizing recording of the document, and adopt a
resolution authorizing execution of a quitclaim deed for its associated easement to the
property owners (CCCTA) and authorizing recording of the document with the Contra
Costa County Recorder.
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