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Home My WebLink About07. Adopt Resolutions Nos. 2024-043, 2024-044, 2024-045, and 2024-046 accepting grants of easement at 2101 San Miguel Drive, 2115 San Miguel Drive, 0 San Miguel Drive, and 1229 Oakland Boulevard in Walnut Creek as related to District Project 100023Page 1 of 10 Item 7. O��ENTRAL MEETING DATE: DECEMBER 5, 2024 BOARD OF DIRECTORS POSITION PAPER SUBJECT: ADOPT RESOLUTION NOS. 2024-043, 2024-044, 2024-045, AND 2024- 046 ACCEPTING GRANTS OF EASEMENTS AT 2101 SAN MIGUEL DRIVE, 2115 SAN MIGUEL DRIVE, 0 SAN MIGUEL DRIVE, AND 1229 OAKLAND BOULEVARD IN WALNUT CREEK, AS RELATED TO DISTRICT PROJECT 100023, AND AUTHORIZING STAFF TO RECORD DOCUMENTS WITH THE CONTRA COSTA COUNTY CLERK -RECORDER'S OFFICE SUBMITTED BY: INITIATING DEPARTMENT: REAL PROPERTYAGENT ENGINEERING AND TECHNICAL SERVICES - DAVID KRAMER, DANA LAWSON, SENIOR ENGINEER PDS -DEVELOPMENT SERVICES - RIGHT OF WAY REVIEWED BY: DAMASIO ZEPEDAARAGON, SENIOR ENGINEER DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER GREG NORBY, DEPUTY GM - ENGINEERING & OPERATIONS Roger S. Bailey Leah Castella General Manager District Counsel ISSUE A resolution of the Board of Directors (Board) is required to accept a grant of easement for sanitary sewer easements that were obtained at cost to Central San. The General Manager was authorized to accept easements that are obtained voluntarily and at no cost to Central San, and to execute quit claims where an easement is no longer needed. BACKGROUND December 5, 2024 Regular Board Meeting Agenda Packet - Page 67 of 274 Page 2 of 10 The subject easements are needed to accommodate a new alignment within these properties: • 2101 San Miguel Drive; APN: 183-181-001; Yu Tao Family Trust • 2115 San Miguel Drive; APN: 183-181-002; Peterson Survivor's Trust • 0 San Miguel Drive; APN: 183-181-006; George Armstrong Trust • 1229 Oakland Boulevard; APN: 178-010-038; Stojanovich Trust In addition, several easement exchanges have been completed which did not require a specific Board action. ALTERNATIVES/CONSIDERATIONS The Board could decline to accept the Grant of Easement deeds. This alternative is not recommended since Central San would not have the land rights necessary to reconstruct, maintain, or operate the relocated public sanitary sewers. FINANCIAL IMPACTS The purchase price of the easements from the property owners is $58,859. This is included in the budget for the Walnut Creek Sewer Renovations, Phase 16, District Project 100023. COMMITTEE RECOMMENDATION The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on November 19, 2024 and recommended approval. RECOMMENDED BOARD ACTION Adopt the proposed Resolutions (1) accepting Grant of Easement deeds and (2) authorizing staff to record the 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 GOAL SIX: Infrastructure Reliability Strategy 1 - Manage assets optimally, Strategy 2 - Execute long-term capital renewal and replacement program ATTACHMENTS: 1. Proposed Resolution 2024-043 2. Proposed Resolution 2024-044 3. Proposed Resolution 2024-045 4. Proposed Resolution 2024-046 December 5, 2024 Regular Board Meeting Agenda Packet - Page 68 of 274 Page 3 of 10 Attachment 1 RESOLUTION NO. 2024 - 043 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ACCEPTING A GRANT OF EASEMENT FROM THE YU TAO FAMILY TRUST, DISTRICT PROJECT 100023 PARCEL NO. 1, WALNUT CREEK APN 183-181-001 WHEREAS, Central San has received an executed grant of easement; and WHEREAS, Central San has determined the grant of easement is necessary to own, operate and maintain the sewer improvements for public use; and WHEREAS, such an acceptance shall not subject Central San to responsibility for maintenance or liability arising from facilities that are not specified below; and WHEREAS, Central San does not maintain the surfaces of rights -of -way or easements, except as determined by Central San to be necessary to maintain and service Central San facilities. 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 accepts a Grant of Easement from The Yu Tao Family Trust, District Project 100023, Parcel No. 1, Walnut Creek APN 183-181-001, executed August 14, 2024; and THAT staff is authorized to record said document with the Contra Costa County Clerk - Recorder's Office. PASSED AND ADOPTED this 5th day of December 2024 by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Mariah N. Lauritzen President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California December 5, 2024 Regular Board Meeting Agenda Packet - Page 69 of 274 Page 4 of 10 Central Contra Costa Sanitary District Resolution No. 2024-043 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, Esq. Counsel for the District December 5, 2024 Regular Board Meeting Agenda Packet - Page 70 of 274 Page 5 of 10 Attachment 2 RESOLUTION NO. 2024 - 044 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ACCEPTING A GRANT OF EASEMENT FROM THE PETERSON SURVIVOR'S TRUST, DISTRICT PROJECT 100023 PARCEL NO. 2, WALNUT CREEK APN 183-181-002 WHEREAS, Central San has received an executed grant of easement; and WHEREAS, Central San has determined the grant of easement is necessary to own, operate and maintain the sewer improvements for public use; and WHEREAS, such an acceptance shall not subject Central San to responsibility for maintenance or liability arising from facilities that are not specified below; and WHEREAS, Central San does not maintain the surfaces of rights -of -way or easements, except as determined by Central San to be necessary to maintain and service Central San facilities. 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 accepts a Grant of Easement from The Peterson Survivor's Trust under Trust Agreement dated October 31, 2007, District Project 100023, Parcel No. 2, Walnut Creek APN 183-181-002, executed November 27, 2023; and THAT staff is authorized to record said document with the Contra Costa County Clerk - Recorder's Office. PASSED AND ADOPTED this 5th day of December 2024 by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Mariah N. Lauritzen President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California December 5, 2024 Regular Board Meeting Agenda Packet - Page 71 of 274 Page 6 of 10 Central Contra Costa Sanitary District Resolution No. 2024-044 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, Esq. Counsel for the District December 5, 2024 Regular Board Meeting Agenda Packet - Page 72 of 274 Page 7 of 10 Attachment 3 RESOLUTION NO. 2024 - 045 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ACCEPTING A GRANT OF EASEMENT FROM THE GEORGE ARMSTRONG TRUST, DISTRICT PROJECT 100023 PARCEL NO. 5, WALNUT CREEK APN 183-181-006 WHEREAS, Central San has received an executed grant of easement; and WHEREAS, Central San has determined the grant of easement is necessary to own, operate and maintain the sewer improvements for public use; and WHEREAS, such an acceptance shall not subject Central San to responsibility for maintenance or liability arising from facilities that are not specified below; and WHEREAS, Central San does not maintain the surfaces of rights -of -way or easements, except as determined by Central San to be necessary to maintain and service Central San facilities. 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 accepts a Grant of Easement from The George Armstrong Trust, also known as the Survivors Trust, created under The Armstrong Trust Dated July 24, 1995, District Project 100023, Parcel No. 5, Walnut Creek APN 183-181-006, executed November 27, 2023; and THAT staff is authorized to record said document with the Contra Costa County Clerk - Recorder's Office. PASSED AND ADOPTED this 5th day of December 2024 by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Mariah N. Lauritzen President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California December 5, 2024 Regular Board Meeting Agenda Packet - Page 73 of 274 Page 8 of 10 Central Contra Costa Sanitary District Resolution No. 2024-045 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, Esq. Counsel for the District December 5, 2024 Regular Board Meeting Agenda Packet - Page 74 of 274 Page 9 of 10 Attachment 4 RESOLUTION NO. 2024 - 046 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ACCEPTING A GRANT OF EASEMENT FROM THE STOJANOVICH TRUST, DISTRICT PROJECT 100023 PARCEL NO. 11, WALNUT CREEK APN 178-010-038 WHEREAS, Central San has received an executed grant of easement; and WHEREAS, Central San has determined the grant of easement is necessary to own, operate, and maintain the sewer improvements for public use; and WHEREAS, such an acceptance shall not subject Central San to responsibility for maintenance or liability arising from facilities that are not specified below; and WHEREAS, Central San does not maintain the surfaces of rights -of -way or easements, except as determined by Central San to be necessary to maintain and service Central San facilities. 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 accepts a Grant of Easement from The Stojanovich Trust, dated January 11, 1990, District Project 100023, Parcel No. 11, Walnut Creek APN 178-010-038, executed May 19, 2023; and THAT staff is authorized to record said document with the Contra Costa County Clerk - Recorder's Office. PASSED AND ADOPTED this 5th day of December 2024 by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Mariah N. Lauritzen President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California December 5, 2024 Regular Board Meeting Agenda Packet - Page 75 of 274 Page 10 of 10 Central Contra Costa Sanitary District Resolution No. 2024-046 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, Esq. Counsel for the District December 5, 2024 Regular Board Meeting Agenda Packet - Page 76 of 274