Loading...
HomeMy WebLinkAbout07. Authorize real property agreement re 1800 Lacassie Avenue in Walnut Creek Page 1 of 4 Item 7. CENTRAL SAN CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: DECEMBER 6, 2018 SUBJECT: ADOPT RESOLUTION NO. 2018-042 AUTHORIZING EXECUTION OF A REAL PROPERTYAGREEMENT RELATED TO 1800 LACASSIE AVENUE IN WALNUT CREEKAND RECORDING OF THE AGREEMENT SUBMITTED BY: INITIATING DEPARTMENT: DANA LAWSON, SENIOR ENGINEER ENGINEERING AND TECHNICAL SERVICES - PDS - DEVELOPMENT SERVICES - RIGHT OF WAY REVIEWED BY: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE A resolution of the Board of Directors (Board) is required to execute a real property agreement and to record the document. BACKGROUND Staff received an application to review building plans for 254 Ygnacio Valley Road and 1766 Lacassie Avenue in Walnut Creek for a development commonly referred to as The Landing/Vaya (new address of December 6, 2018 Regular Board Meeting Agenda Packet- Page 60 of 202 Page 2 of 4 1800 Lacassie Avenue). Staff negotiated to upgrade the 5-foot wide sanitary sewer easement to a 10-foot wide sanitary sewer easement and record the Grants of Easement in August 2016; and additionally, negotiated temporary construction access to replace the sanitary sewer main under a District project. The Grants of Easement allowed minor encroachments for a small dog park and C-3 (stormwater) conditions that included storm drain piping, irrigation piping, concrete paving and paving stones, lighting, bushes, shrubs and other plantings (but not trees), a drinking fountain, and moveable landscape furnishings. During replacement of the sanitary sewer main in early 2018, Central San's inspector identified an unauthorized encroachment of approximately 8-inches of a concrete foundation for a transformer into the new 10-foot wide easement. The Property Owner is requesting to enter into a real property agreement for the encroachment. ALTERNATIVES/CONSIDERATIONS Require the property owner to promptly remove or eliminate the unauthorized encroachment; and/or record a Notice of Encroachment against the property. This alternative is not recommended since the property owner is willing to enter into the real property agreement in compliance with District Code, and the encroachment extends less than a foot into the easement and is necessary to supply power to the building. FINANCIAL IMPACTS None. The real property agreement includes indemnification for extra cost to Central San for allowing the encroachments to remain. Additionally, a development-related fee is charged for a real property agreement, as set by District Ordinance No. 302. COMMITTEE RECOMMENDATION This item was not reviewed by a Board Committee. RECOMMENDED BOARD ACTION Adopt a resolution (1) authorizing the execution of a real property agreement related to 1800 Lacassie Avenue in Walnut Creek; and (2) authorizing staff to record the agreement with the Contra Costa County Recorder. Strategic Plan re-In GOAL ONE: Provide Exceptional Customer Service Strategy 1 - Build external customer relationships and awareness GOAL FIVE: Maintain a Reliable Infrastructure Strategy 1 - Manage assets optimally throughout their lifecycle ATTACHMENTS: 1. Proposed Resolution December 6, 2018 Regular Board Meeting Agenda Packet- Page 61 of 202 Page 3 of 4 RESOLUTION NO. 2018-042 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT 1800 LA CASSIE AVENUE IN WALNUT CREEK (APN: 174-220-052) BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District (Central San) as follows: THAT Central San is hereby authorized to execute a Real Property Agreement with the following property owner related to the property at 1800 Lacassie Avenue, Walnut Creek: Assessors' Parcel No.: 174-220-052 (formerly 174-220-042 & 174-220-050) Property Owner(s): Northwestern Mutual Life Insurance Company Site Address: 1800 Lacassie Avenue, Walnut Creek (formerly 254 Ygnacio Valley Road and 1766 Lacassie Avenue) THAT the President of the Board of Directors and the Secretary of the District are hereby authorized to execute said documents for and on behalf of Central San; and THAT staff is authorized to record the documents in the office of the Recorder of Contra Costa County. PASSED AND ADOPTED this 6th day of December 2018, by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California December 6, 2018 Regular Board Meeting Agenda Packet- Page 62 of 202 Page 4 of 4 Central Contra Costa Sanitary District Resolution No. 2018-042 Page 2of2 COUNTERSIGNED: Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District December 6, 2018 Regular Board Meeting Agenda Packet- Page 63 of 202