Honorable Mayor and Members of the City Council Phil Kamlarz, City Manager. Restatement of Sanitary Sewer Easement at 1208 Milvia Street

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Office of the City Manager CONSENT CALENDAR June 24, 2008 To: From: Honorable Mayor and Members of the City Council Phil Kamlarz, City Manager Submitted by: Claudette Ford, Director, Public Works

1 Office of the City Manager CONSENT CALENDAR June 24, 2008 To: From: Honorable Mayor and Members of the City Council Phil Kamlarz, City Manager Submitted by: Claudette Ford, Director, Public Works Subject: Restatement of Sanitary Sewer Easement at 1208 Milvia Street RECOMMENDATION Adopt first reading of an Ordinance accepting an agreement for restatement of a sanitary sewer easement for, and relocation of, sewer pipe facilities with Edward J. Anisman and Claire F. Sherman (each as trustee of the Anisman-Sherman Family) at 1208 Milvia Street. FISCAL IMPACTS OF RECOMMENDATION The cost of relocating this sewer main is estimated at about $80,000. The property owners are entering into this agreement with a $20,000 contribution toward the relocation of the sewer line, to be placed in revenue account This has been determined to be a fair settlement for the City. The funding for the balance of the cost is available in an allocation from the FY 2009 Sewer Capital Improvement Project budget code CURRENT SITUATION AND ITS EFFECTS Currently, there exists a sanitary sewer easement within the footprint of the house built on the subject property, and a City sewer main pipeline is constructed under the house within this easement. The property owner and the City concur on relocating the sewer facilities to the new proposed easement alignment and vacating the existing easement. BACKGROUND Apparently, sometime in the 1950 s, the house at 1208 Milvia was allowed to be built over a City main sewer line. This fact was not made apparent until recently when the property owner applied for a permit to remodel the house. A search of City and property records has not revealed an explanation of how this occurred. The applicant currently desires a permit to enhance the property. The relocation of the City sewer is essential to provide for this property improvement. RATIONALE FOR RECOMMENDATION As part of its on-going sewer rehabilitation and replacement program, it is in the City s interest to construct new sewer facilities in various parts of the City. This new sewer mainline will reduce the load on the aging sewer lines serving the area. The City would 2180 Milvia Street, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) manager@ci.berkeley.ca.us Website:

2 Restatement of Sewer Easement Agreement at 1208 Milvia Street CONSENT CALENDAR June 24, 2008 like to reroute the sewer backline underneath this property to a newly constructed backline, to improve service for this and other properties. This relocation will enhance the City s ability to adequately maintain the City s mainline sewer collection system. ALTERNATIVE ACTIONS CONSIDERED None. CONTACT PERSON Jeffrey Egeberg, Manager of Engineering, Adadu Yemane, Associate Civil Engineer, Attachment: 1: Ordinance Exhibit A Agreement Page 2

3 ORDINANCE NO. -N.S. RESTATEMENT OF SEWER EASEMENT FOR 1208 MILVIA STREET, AND RELOCATION OF, SANITARY SEWER PIPE FACILITIES, WITH EDWARD J. ANISMAN AND CLAIRE F. SHERMAN BE IT ORDAINED by the Council of the City of Berkeley as follows: Section 1. That the City Manager and City Clerk are hereby authorized and directed to make, execute and deliver for and on behalf of the City of Berkeley, as its corporate act and under its corporate name and seal, an easement deed agreement with Edward J. Anisman and Claire F. Sherman (each as trustee of the Anisman- Sherman Family) restating an easement for sanitary sewer facilities on the property at 1208 Milvia Street, a copy of which easement agreement is attached hereto, (Ex. A) made a part hereof. Section 2. That the City Clerk is hereby authorized and directed to cause the executed easement deed agreement to be recorded in the Official Records of Alameda County, California. Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation. Exhibit A

Honorable Mayor and Members of the City Council. Sewer Easement Deed Agreement at 2705 Walker Street

Office of the City Manager CONSENT CALENDAR October 30, 2012 To: From: Honorable Mayor and Members of the City Council Christine Daniel, City Manager Submitted by: Andrew Clough, Director, Public Works