HomeMy WebLinkAbout07. Authorize real property agreement re 1800 Lacassie Avenue in Walnut Creek Page 1 of 4
Item 7.
CENTRAL SAN CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: DECEMBER 6, 2018
SUBJECT: ADOPT RESOLUTION NO. 2018-042 AUTHORIZING EXECUTION OF A
REAL PROPERTYAGREEMENT RELATED TO 1800 LACASSIE AVENUE IN
WALNUT CREEKAND RECORDING OF THE AGREEMENT
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
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
ISSUE
A resolution of the Board of Directors (Board) is required to execute a real property agreement and to
record the document.
BACKGROUND
Staff received an application to review building plans for 254 Ygnacio Valley Road and 1766 Lacassie
Avenue in Walnut Creek for a development commonly referred to as The Landing/Vaya (new address of
December 6, 2018 Regular Board Meeting Agenda Packet- Page 60 of 202
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1800 Lacassie Avenue). Staff negotiated to upgrade the 5-foot wide sanitary sewer easement to a 10-foot
wide sanitary sewer easement and record the Grants of Easement in August 2016; and additionally,
negotiated temporary construction access to replace the sanitary sewer main under a District project. The
Grants of Easement allowed minor encroachments for a small dog park and C-3 (stormwater) conditions
that included storm drain piping, irrigation piping, concrete paving and paving stones, lighting, bushes,
shrubs and other plantings (but not trees), a drinking fountain, and moveable landscape furnishings.
During replacement of the sanitary sewer main in early 2018, Central San's inspector identified an
unauthorized encroachment of approximately 8-inches of a concrete foundation for a transformer into the
new 10-foot wide easement. The Property Owner is requesting to enter into a real property agreement for
the encroachment.
ALTERNATIVES/CONSIDERATIONS
Require the property owner to promptly remove or eliminate the unauthorized encroachment; and/or record
a Notice of Encroachment against the property. This alternative is not recommended since the property
owner is willing to enter into the real property agreement in compliance with District Code, and the
encroachment extends less than a foot into the easement and is necessary to supply power to the building.
FINANCIAL IMPACTS
None. The real property agreement includes indemnification for extra cost to Central San for allowing the
encroachments to remain. Additionally, a development-related fee is charged for a real property
agreement, as set by District Ordinance No. 302.
COMMITTEE RECOMMENDATION
This item was not reviewed by a Board Committee.
RECOMMENDED BOARD ACTION
Adopt a resolution (1) authorizing the execution of a real property agreement related to 1800 Lacassie
Avenue in Walnut Creek; and (2) authorizing staff to record 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
December 6, 2018 Regular Board Meeting Agenda Packet- Page 61 of 202
Page 3 of 4
RESOLUTION NO. 2018-042
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT
1800 LA CASSIE AVENUE IN WALNUT CREEK
(APN: 174-220-052)
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 1800 Lacassie Avenue, Walnut Creek:
Assessors' Parcel No.: 174-220-052
(formerly 174-220-042 & 174-220-050)
Property Owner(s): Northwestern Mutual Life Insurance Company
Site Address: 1800 Lacassie Avenue, Walnut Creek
(formerly 254 Ygnacio Valley Road and 1766 Lacassie
Avenue)
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 6th day of December 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
December 6, 2018 Regular Board Meeting Agenda Packet- Page 62 of 202
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Central Contra Costa Sanitary District
Resolution No. 2018-042
Page 2of2
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
December 6, 2018 Regular Board Meeting Agenda Packet- Page 63 of 202