Agenda

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C. 13

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	December 4, 2018

Contra

Costa

County

Subject:

APPROVE and AUTHORIZE Conveyance of a Grant of Easement with Seclusion Valley Development, LLC, Lafayette area.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/04/2018

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Jewel Lopez 925-957-2485

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: December 4, 2018
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE the conveyance of a Grant of Easement for storm drain purposes to Seclusion Development Group, LLC, a California limited liability company pursuant to Government Code Section 25526.6. (Project No. 4500-WL0072 (SD8706844))(CP#18-12)


DETERMINE that the conveyance of said easement is in the public interest and will not substantially conflict or interfere with the County’s use of the property.

RECOMMENDATION(S): (CONT'D)

DETERMINE that this activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b)(3) of the CEQA Guidelines; and

DIRECT the Director of Conversation and Development (DCD), or designee, to file a Notice of Exemption with the County Clerk; and

AUTHORIZE the Public Works Director, or designee, to arrange for payment of $25 fee to DCD for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption.

AUTHORIZE the Public Works Director, or designee, to execute the Grant of Easement on behalf of the County.

DIRECT the Real Estate Division of the Public Works Department to cause said Grant of Easement to be delivered for recording in the Office of the County Clerk-Recorder.

FISCAL IMPACT:

100% Applicant Fees.

BACKGROUND:

In 1987, the Developer submitted plans that consisted of 29 lots. In 1991, the Developer reduced the number of planned lots to 22 and conveyed right of way by Offer of Dedication on Reliez Valley Road and the internal road, Lomas Verdes Place, per Conditions of Approval to Contra Costa County (County). The Board of Supervisors (Board) approved the Final Map on August 6, 2002. Later in June 2016, the Developer further reduced the number of lots from 22 to 15, and as a result the length of the internal road was also reduced making the original Offer of Dedication for Lomas Verdes Place no longer applicable. On October 18, 2016, the County approved the SD6844 improvement plans for the Seclusion Valley Development; the plans, as part of its drainage system, included an underground detention system and trash capture system. The Board terminated and abandoned the initial Offer of Dedication and accepted a new Offer of Dedication for Lomas Verdes Place on March 14, 2017.

A portion of the underground detention system and trash capture system is within County right of way. Per County policy, the County does not accept maintenance responsibilities for underground detention systems. The Real Estate division of the Public Works Department has determined that the value of the easement is less than $25,000, and that the conveyance of the easement will not affect the County’s ability to use, for County road purposes, the property encumbered by the easement. The easement to Seclusion Development Group, LLC, is necessary so that the Developer and future home owner’s association (HOA) can maintain the underground detention system.

CONSEQUENCE OF NEGATIVE ACTION:

The developer and future HOA will not be able to maintain their underground detention system within the County right of way.