HomeMy WebLinkAbout05. Authorize real property agreement for 230 Rheem Boulevard in Moraga Page 1 of 4
Item 5.
CENTRAL SAN CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: NOVEMBER 1, 2018
SUBJECT: ADOPT RESOLUTION NO. 2018-036 AUTHORIZING (1) EXECUTION OF A
REAL PROPERTYAGREEMENT FOR PROPERTY LOCATED AT 230
RHEEM BOULEVARD I N MORAGA, AND (2) RECORDI NG OF THE
AGREEMENT WITH THE CONTRA COSTA COUNTY RECORDER
SUBMITTED BY: INITIATING DEPARTMENT:
DANEA GEMMELL, PLANNING AND ENG-PDS-DIVISION MANAGER
DEVELOPMENT SERVICES DIVISION
MANAGER
REVIEWED BY: JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL
SERVICES
f
,,
Deputy General Mgr. Ann Kenton L .Alm
Sasaki, for General Manager District COUrssl
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
A swimming pool was constructed without Central San review or approval at 230 Rheem Boulevard in
Moraga sometime after the 268-foot vitrified clay pipe sewer main was installed in 1957 within an
easement. The encroachment has been field verified within a few inches of the sewer pipes and was
discovered when the new owners came to Central San in 1998 to permit a building addition, of which a
portion also encroaches into the easement. As a condition of that permit, the owners relocated their sewer
connection on the owners' property into a public main located in Rheem Boulevard, with the understanding
November 1, 2018 Regular Board Meeting Agenda Packet- Page 54 of 499
Page 2 of 4
that Central San would relocate the remaining sole connection from the adjoining property at 228 Rheem
Boulevard and abandon the public main. Staff corresponding with the owner retired from Central San within
weeks of approving the permit.
The 268-foot long sewer main is on a six month cleaning schedule and is due for replacement within the
next five years. A business case analysis was conducted that shows that providing a new connection on
the adjoining property is cost effective and will allow retirement of the 268-foot section of sewer from
Central San's inventory.
The real property agreement outlines the liability for improvements and states that the owner is responsible
for any damage to the pool, until the sewer main is abandoned by Capital Projects; it also acknowledges
the encroachment for future owners should the property be transferred.
A real property agreement is required by Chapter 7 of District Code for encroachments 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
None.
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 230 Rheem Boulevard
in Moraga, 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 55 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
230 RHEEM BOULEVARD IN MORAGA
(APN: 255-081-002)
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 230 Rheem Boulevard, Moraga:
Assessors' Parcel No.: 255-081-002
Property Owner(s): Ali Mirabdal and Mahrou Mirabdal, Husband and Wife as
Joint Tenants
Site Address: 230 Rheem Boulevard, Moraga
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 56 of 499
Page 4 of 4
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 57 of 499