HomeMy WebLinkAboutMINUTES - 10162012 - C.01RECOMMENDATION(S):
ACCEPT the Quitclaim Deed from Central Contra Costa Sanitary District (District) and APPROVE and
AUTHORIZE the Chair, Board of Supervisors, to execute an Amendment to Grant of Easement between Contra
Costa County (County) and the District; Project No. 0678-6G5575 and
DIRECT the Real Property Division of the Public Works Department to have the above referenced Quitclaim Deed
and Amendment to Grant of Easement recorded in the Office of the County Recorder.
FISCAL IMPACT:
No Fiscal Impact
BACKGROUND:
In 1985, the County purchased portions of the Iron Horse Corridor (IHC) from Southern Pacific Railroad (SPRR)
with monetary help from the District. In exchange for receiving these funds, the County agreed to grant permanent
easement rights to the District, which only possessed
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/16/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Carla Peccianti,
925-313-2222
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: October 16, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: STACEY M. BOYD, Deputy
cc: J. Carlson, Real Estate Divion
C. 1
To:Board of Supervisors
From:Julia R. Bueren, Public Works
Date:October 16, 2012
Contra
Costa
County
Subject:Amendment to Grant of Easement with Central Contra Costa Sanitary District, San Ramon area
BACKGROUND: (CONT'D)
lease agreements with SPRR.
In December of 1986, the Board of Supervisors determined that the sale of easements to the District was exempt
from the California Environmental Quality Act under the State of California Guidelines, Section 15112.
The County and District entered into a Grant of Easement on December 16, 1986 (1986 Easement) granting the
District easement rights for their existing sanitary sewer pipeline (Facilities) within the IHC from Fostoria Way to
Pine Valley Road in San Ramon. When the parties entered into the 1986 Easement, the District did not know the
exact location of their Facilities. In the 1986 Easement the location of the easement area described therein was
based on the best information available at the time of execution, and allowed for the description of the easement
area to be changed when the precise location of the existing or proposed facilities were known.
In 2003, the District relocated a portion of its Facilities which were a part of the 1986 Easement located between
Norris Canyon Road and Bollinger Canyon Road to accommodate the placement of facilities owned by others
within in the IHC. When the District relocated this portion of its Facilities, they still did not have the exact
location of the remainder of their Facilities that are part of the 1986 Easement. Rather than amend the 1986
Easement to describe this new easement area, the parties entered into a new Grant of Easement (2003 Easement)
on January 21, 2003 for the portion of the relocated sanitary Facilities.
The District has completed the mapping of the precise location of its Facilities within the 1986 Easement which,
also includes the easement area described in the 2003 Easement. This mapping provides one contiguous legal
description and plat map for clarity purposes and ease of being able to locate the District’s Facilities within the
described easement area. The District will quitclaim its rights to the 2003 Easement back to the County and the
County will then execute an Amendment to Grant of Easement correcting the legal description and plat map
described in the 1986 Easement to reflect the actual location of the District’s easement. All other terms and
conditions of the 1986 Easement will remain in full force and effect.
CONSEQUENCE OF NEGATIVE ACTION:
The legal description and plat map will not be correct.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Amemdment to Grant of Easement
Exhibit A
Quitclaim Deed