Special Notice / Hearing: None
Vote Required: 4/5ths
To: Honorable Board of Supervisors
From: Michael P. Callagy, County Executive
Subject: Agreement, Deed, and Exchange of Easements over the property located at 269 Stockbridge Avenue, Atherton
RECOMMENDATION:
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Adopt a resolution:
A) Authorizing the President of the Board of Supervisors to execute on behalf of the Fair Oaks Sewer Maintenance District (“District”) the Agreement Deed and Exchange of Easements (“Agreement”) with 269 Stockbridge LLC, (“Owner”) exchanging an existing sewer easement within the property located at 269 Stockbridge Avenue, Atherton (“Property”); and
B) Authorizing the President of the Board of Supervisors to execute on behalf of the District a quitclaim deed releasing the County’s interest in an existing sewer easement; and
C) Authorizing the County Executive, or their designee, to execute on behalf of the District the Certificate of Acceptance, thereby accepting a new realignment easement to replace the existing sewer easement being quitclaimed by the County; and
D) Authorizing the County Executive, or their designee, to execute any and all notices, consents, approvals, escrow instructions, documents in connection with the Agreement.
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BACKGROUND:
269 Stockbridge LLC, owns the Property located at 269 Stockbridge Avenue within the City of Atherton. The Fair Oaks Sewer Maintenance District holds title to a sanitary sewer easement where an existing sewer line is located, both which run across a portion of the Property, Easement Grant Deed recorded on April 5th, 1985, as Document No. 85-031915, of Official Records (“Existing Easement”).
The Existing Easement grants the District, the right to install, operate, and maintain a sanitary sewer line. A segment of the existing sanitary sewer line lies outside the boundaries of the Existing Easement. The Owner and District have agreed to an easement exchange in order to realign the sanitary sewer easement so that the existing sewer line is situated in its entirety within the new easement.
DISCUSSION:
Real Property Services has prepared the Agreement, Deed, and Exchange of Easements, which authorizes the District to accept from Owner a new sanitary sewer easement that coincides with the existing sanitary sewer line. The new easement will grant the District the right to construct, repair, maintain, replace and operate underground pipelines and appurtenant facilities for sanitary sewer purposes. In exchange for the new easement, the District will quitclaim all right, title and interest in the Existing Easement.
The County Attorney has reviewed and approved the Agreement and associated documents as to form.
FISCAL IMPACT:
There is no fiscal impact to the County General Fund as a result of the Agreement, Deed, or Exchange of Easements.