HomeMy WebLinkAbout04. Authorize real property agreement for 312 Railroad Avenue in Danville Page 1 of 4
Item 4.
CENTRAL SAN CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: NOVEMBER 1, 2018
SUBJECT: ADOPT RESOLUTION NO. 2018-035 AUTHORIZING (1) EXECUTION OF A
REAL PROPERTYAGREEMENT FOR PROPERTY LOCATED AT 312
RAILROAD AVENUE IN DANVILLE, AND (2) RECORDING OF THE
AGREEMENT WITH THE CONTRA COSTA COUNTY RECORDER
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
�L
Deputy General Mgr. Ann Kenton L Alm
Sasaki, for General Manager DistriUt COUrsel
Roger S. Bailey
ISSUE
A resolution of the Board of Directors is required to execute a real property agreement and to record the
document.
BACKGROUND
Staff received an application to review building plans for 312 Railroad Avenue in Danville. Staff signed off
on the plans and noted that a three-foot sanitary sewer easement ran along the northern property boundary.
During later inspections, staff identified unauthorized encroachments of six-inch storm-drain piping, one-
inch electrical conduit, and four-inch building fire service piping into the three-foot wide sanitary sewer
November 1, 2018 Regular Board Meeting Agenda Packet- Page 50 of 499
Page 2 of 4
easement along the northern property line.
The property owner requested, in writing, on August 29, 2018, to enter into a real property agreement for
the encroachments and stated that the encroachments occurred after the foundation was poured when C-3
(stormwater) requirements became a condition. The property owner has provided a$25,000 cash surety to
pay for additional costs in working around the encroachments.
A real property agreement is required by Chapter 7 of District Code if the encroachments are to remain.
ALTERNATIVES/CONSIDERATIONS
Require the property owner to promptly remove or eliminate the unauthorized encroachment; and/or record
a Notice of Encroachment against the property.
FINANCIAL IMPACTS
The property owner paid the development-related fee for a real property agreement, as set forth by District
Ordinance No. 302.
COMMITTEE RECOMMENDATION
This item was not reviewed by a Board Committee.
RECOMMENDED BOARD ACTION
Adopt a resolution authorizing (1) execution of a real property agreement related to 312 Railroad Avenue,
Danville; and (2) recording of 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
November 1, 2018 Regular Board Meeting Agenda Packet- Page 51 of 499
Page 3 of 4
RESOLUTION NO. 2018-
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT
312 RAILROAD AVENUE IN DANVILLE
(APN: 208-025-021)
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 312 Railroad Avenue, Danville:
Assessors' Parcel No.: 208-025-021
Property Owner(s): Clevron Commercial, LLC
Site Address: 312 Railroad Avenue, 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 1St day of November 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
November 1, 2018 Regular Board Meeting Agenda Packet- Page 52 of 499
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Resolution No. 2018-
Central Contra Costa Sanitary District
Page 2 of 2
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
November 1, 2018 Regular Board Meeting Agenda Packet- Page 53 of 499