HomeMy WebLinkAbout08. Authorize real property agreement re 134 Gil Blas Road in Danville Page 1 of 3
Item 8.
CENTRAL SAN CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: DECEMBER 6, 2018
SUBJECT: ADOPT RESOLUTION NO. 2018-043 AUTHORIZING EXECUTION OF A
REAL PROPERTYAGREEMENT RELATED TO 134 GIL BLAS ROAD IN
DANVILLE AND 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 for an easement verification for a home addition in September 2018. During
December 6, 2018 Regular Board Meeting Agenda Packet- Page 64 of 202
Page 2 of 3
the verification process, staff identified that the proposed addition will encroach upon the sanitary sewer
main in the back yard. Staff requested that the property owner enter into a real property agreement for the
encroachment as required by Chapter 7 of District Code before Permit Counter staff can sign-off on the
plans.
Concurrently, the Capital Projects Division is in the process of designing sewer renovations for this
neighborhood that would abandon the sewer main in the back yards and install a new public sanitary sewer
main in the public right of way of Gil Blas Road.Assuming the renovation work will proceed, the real
property agreement and existing easement rights would be quitclaimed to the property at 134 Gil Blas
Road after completion of the new public sewer main.
ALTERNATIVES/CONSIDERATIONS
Authorize an exception to the Code requirement allowing Permit Counter staff to sign-off on the plans
allowing the encroachment without executing a real property agreement; or do not authorize the real
property agreement nor the exception to the Code requirement, which would impact the property owner's
building permit with the Town of Danville. These alternatives are not recommended since the property
owner is willing to enter into the real property agreement in compliance with District Code and Capital
Projects is planning to relocate the sewer main in the near future and this real property agreement provides
interim benefits to both Central San and the property owner.
FINANCIAL IMPACTS
None. Since the Capital Projects Division is actively pursing a sewer renovation project that includes this
sewer main, the development-related fee, which is set by District Ordinance No. 302, will not be charged
for this real property agreement.
COMMITTEE RECOMMENDATION
This item was not reviewed by a Board Committee.
RECOMMENDED BOARD ACTION
Adopt a resolution (1) authorizing execution of a real property agreement related to 134 Gil Blas Road,
Danville; and (2) authorizing staff to record the document with the Contra Costa County Recorder.
Strategic Plan Tie-In
GOAL ONE: Provide Exceptional Customer Service
Strategy 1 - Build external customer relationships and awareness
GOAL FIVE: Maintain a Reliable Infrastructure
Strategy 2- Facilitate long-term capital renewal and replacement
ATTACHMENTS:
1. Proposed Resolution
December 6, 2018 Regular Board Meeting Agenda Packet- Page 65 of 202
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RESOLUTION NO. 2018-043
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT
134 GIL BLAS ROAD IN DANVILLE (APN: 202-141-011)
BE IT RESOLVED by the Board of Directors of 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 owners related to the property at 134 Gil Blas Road, Danville:
Assessors' Parcel No.: 202-141-011
Property Owner(s): Adam Zielske and Alexandra H. Jontulovich Trust
Site Address: 134 Gil Blas Road, Danville
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 6t" 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
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 66 of 202