The URL can be used to link to this page

Home My WebLink About04.e. Adopt Resolution 2011-062 approving real property agreement with Jibodhye. Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 8, 2011 subject: ADOPT A RESOLUTION APPROVING A REAL PROPERTY AGREEMENT WITH STEFAN R. JIBODH AND SONYA SULTAN -KHAN JIBODH, 51 SAN GREGORIO COURT, DANVILLE (APN 196- 600 -001) AND AUTHORIZING EXECUTION AND RECORDING OF THE AGREEMENT Submitted By: Kathleen West, Sr. Right of Way Agent REVIEWED AND RECOMMENDED FOR BOARD ACTION: Initiating Dept. /Div.: Engineering / Environmental Services K. West P. Seiv J. Miy i o o -Mills A. Farrell Jame . Kelly Gener I Manager ISSUE: As provided in Chapter 7.15 of the District Code, Stefan R. Jibodh and Sonya Sultan -Khan Jibodh, owners of the property at 51 San Gregorio Court, Danville (APN 196- 600 -001) have requested that the Board approve a Real Property Agreement to allow improvements on the property within a District easement. RECOMMENDATION: Approve a Real Property Agreement; authorize the President of the Board and the Secretary of the District to execute the agreement and authorize staff to record the agreement with the Contra Costa County Recorder. FINANCIAL IMPACTS: The property owners have paid the applicable processing fee, and have signed the proposed agreement that would obligate them to pay any incremental District costs attributable to the presence, maintenance or use of the improvements within the easement. ALTERNATIVES /CONSIDERATIONS: The Board may decline approval of the agreement and direct staff to disallow the proposed improvement. BACKGROUND: The property owners have requested to construct an 8 -foot tall retaining wall to restore a backyard slope which would encroach onto the District's sewer easement. The improvements as shown in Exhibit "A" would be allowed within the District's easement subject to a Real Property Agreement as allowed by Chapter 7.15 of the District Code. Engineering and Collection System Operations staff has determined that the existing public sewer on the property is in good condition and that the proposed improvements will not significantly interfere with the District's use. The agreement limits what may be installed or planted within the easement area in the future. The property owners accept N: \ENVRSEC \Position Papers \West \12 -8 -11 \PP Approve PRA (Jibodh) Final 12- 8- 11.doc Page 1 of 2 POSITION PAPER Board Meeting Date: December 8, 2011 subject. ADOPT A RESOLUTION APPROVING A REAL PROPERTY AGREEMENT WITH STEFAN R. JIBODH AND SONYA SULTAN -KHAN JIBODH, 51 SAN GREGORIO COURT, DANVILLE (APN 196- 600 -001) AND AUTHORIZING EXECUTION AND RECORDING OF THE AGREEMENT liability for any damage that they may cause to the District's facilities. Further, the property owners agree to hold the District harmless from all claims and liability for injury to persons or to property as a result of the presence of the improvements within the District's easement. In addition, the property owners agree not to impede the.District's routine or emergency access to the property, and to remove the improvements if so ordered by the District. Staff has concluded that this execution of the Real Property Agreement is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines, §15305, since it involves a minor alteration in District land use limitations. The Board's approval of the agreement will constitute a determination that it is exempt from CEQA. RECOMMENDED BOARD ACTION: Approve the proposed Real Property Agreement with Stefan R. Jibodh and Sonya Sultan -Khan Jibodh for the property at 51 San Gregorio Court, Danville (APN 196- 600 -001) and authorize the Board President and the Secretary of the District to execute the agreement; and authorize staff to record the document with the Contra Costa County Recorder. WENVRSEMPosition Papers \West \12- 8 -11 \PP Approve PRA (Jibodh) Final 12- 8- 11.doc Page 2 of 2 RESOLUTION NO. 2011- A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT APPROVING A REAL PROPERTY AGREEMENT WITH STEFAN R. JIBODH AND SONYA SULTAN -KHAN JIBODH DISTRICT JOB 4161 APN 196- 600 -001 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District ( "District ") as follows: THAT the District hereby approves the Real Property Agreement ( "Agreement ") dated October 27, 2011 with Stefan R. Jibodh and Sonya Sultan -Khan Jibodh, husband and wife as community property with right of survivorship, for the property located at 51 San Gregorio Court, Danville, California (District Job 4161, APN 196- 600 -001); and THAT the President of the Board of Directors and the Secretary of the District are hereby authorized to execute the Agreement for and on behalf of the District; and THAT District staff is authorized to record the Agreement in the office of the Recorder of Contra Costa County. PASSED AND ADOPTED this 8th day of December 2011, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: COUNTERSIGNED: Barbara D. Hockett President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California Elaine R. Boehme, CMC 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 280 M v ,6 �o O EXHIBIT "A" 10 °0 \.O Pipe /Manhole rA Retaining Wall \ ° b, h 4•P 42-, t) LOT 19 - - \ \ \ GRLGOR10 19061, °0 aT° gOFESS /p WALL LOCATI S2 T' =26' P \ ` 66 C1k/ or CAO L(A 1) l.i t. 'Wo t2l m Pr (MINE WAI.I. - - �I iE[;1 T111 1 -1 NO'A b,iltP E I 1 -UMUN: 'A 5MJ 6MC4(AU (•AjPf t7MMIL. c.A ` C�/ I J; / II wVI I A\o l_YVER ENGINEERING AND DESIGN - - 4AK'E 1950 SE 1061h. Portland, lhegon 97266 >fCFAA JIV(�7FI Ff, 5017055:83 fm 50349:7449 Troyt"yverFAD "o .r, f,�'. °1 ! "�''' G' ' till -)I''