HomeMy WebLinkAbout03.d. Authorize real property agreement re 639 Los Palos Road, LafayetteCentral Contra Costa Sanitary District 30dBOARD OF DIRECTORS •
POSITION PAPER
Board Meeting Date: February 19, 2015
subject: ADOPT A RESOLUTION AUTHORIZING THE EXECUTION OF AREAL
PROPERTY AGREEMENT FOR A PROPERTY LOCATED IN LAFAYETTE,
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��, %.%3 ��
JM. Petit — Director of Engineering K. Aim Roger S. Bailey
Counsel for the Distric 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: District construction inspectors observed installation of
encroachments within a District easement at 639 Los Palos Road, property owned by
Joshua and Jill Milnes, in Lafayette. District engineering staff met with the property
owners at the site, reviewed the encroachments and available options. A building
permit was not required for the project and the property owners were not aware of the
District's requirements and property rights. Staff requested that the property owners
enter into a real property agreement to abate 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 639 Los Palos Road, Lafayette; and,
(2) Authorizing staff to record the document with the Contra Costa County Recorder.
Attached Supoortinq Document:
1. Proposed Resolution
C:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP RPA 639 Los
Palos 2 -19 -15 Final.doc Page 1 of 1
RESOLUTION NO. 2015- 0()�
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT
639 LOS PALOS ROAD IN LAFAYETTE
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 639 Los Palos Road, Lafayette:
Assessor's Parcel No.: 238 - 101 -011
Property Owners: Joshua C and Jill R Milnes, Trustees
Site Address: 639 Los Palos Road, Lafayette
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 19th day of February, 2015, by the Board of Directors of the
District by the following vote:
AYES:
NOES:
ABSENT
Members:
Members:
Members:
Michael R. McGill
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