HomeMy WebLinkAbout03.g. Adopt resolution re real property agreement-456 Oakshire Place, AlamoCentral Contra Costa Sanitary District
BOARD OF DIRECTORS '
I `
POSITION PAPER
Board Meeting Date: December 4, 2014
subject: ADOPT A RESOLUTION AUTHORIZING THE EXECUTION OF A REAL
PROPERTY AGREEMENT FOR A PROPERTY LOCATED IN ALAMO,
AND AUTHORIZING THE RECORDING OF THE AGREEMENT
Submitted By. Initiating Dept./Div.:
Thomas Brightbill — Senior Engineer Engineering / Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
D. Gemmell — Environmental Services Division Manager fje -,cz
J. Petit — Director of Engineering
K. Alm Roger S. Bailey
Counsel for the District General Manager
ISSUE: A resolution of the Board of Directors is required to execute a real property
agreement and to record the document.
RECOMMENDATION: Adopt a resolution authorizing the execution of a real property
agreement, and authorizing staff to record the documents with the Contra Costa County
Recorder.
FINANCIAL IMPACTS: None
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: Staff received plans for improvements to 456 Oakshire Place, Alamo,
a single family residence owned by Mark Geist and Maureen Prisby. Although the
proposed improvement is not located near the District's sewer, staff observed that a
portion of the concrete retaining wall that supports a deck and pool /guest house and a
portion of the pool deck had been constructed over the District's 8 -inch diameter
sanitary sewer. Staff requested that the property owners enter into a real property
agreement to address the encroachment. The real property agreement will be binding
upon heirs, successors and assigns with regard to ownership interest in the real
property and shift to the property owner any increased costs that may be incurred by
the District due to the existence of the encroachment.
Board action is required to enter into the real property agreement.
RECOMMENDED BOARD ACTION: Adopt a resolution: (1) authorizing the execution
of a real property agreement related to 456 Oakshire Place, Alamo; and, (2) authorizing
staff to record the document with the Contra Costa County Recorder.
Attached Supporting Document.,
1. Proposed Resolution
C:\ Users \dandersonWppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP RPA 456
Oakshire PI 12 -4 -14 Final.doc
ATTACHMENT 1
RESOLUTION NO. 2014- 0# $
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT
RELATED TO 456 OAKSHIRE PLACE IN ALAMO
BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District
(District) as follows:
THAT the District hereby authorized to execute a Real Property Agreement with the following
property owners related to the property located at 456 Oakshire Place, Alamo:
Assessor's Parcel No.: 193- 690 -028
Property Owners: Mark Geist and Maureen Prisby
Site Address: 456 Oakshire Place, Alamo
THAT the President of the Board of Directors and the Secretary of the District are hereby
authorized to execute said document for and on behalf of the District; and
THAT staff is authorized to record the documents in the office of the Recorder of Contra
Costa County.
PASSED AND ADOPTED this 4th day of December, 2014, by the Board of Directors of the
District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
David R. Williams
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
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