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HomeMy WebLinkAbout06. Authorize real property agreement re 116 Starlyn Drive in Pleasant Hill Page 1 of 3 Item 6. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: FEBRUARY21, 2019 SUBJECT: ADOPT RESOLUTION NO. 2019-004 AUTHORIZING EXECUTION OFA REAL PROPERTYAGREEMENT RELATED TO 116 STARLYN DRIVE IN PLEASANT HILL AND RECORDING OF THE AGREEMENT SUBMITTED BY: INITIATING DEPARTMENT: DAVID KRAMER, SENIOR RIGHT OF WAY ENGINEERING AND TECHNICAL SERVICES - AGENT PDS - DEVELOPMENT SERVICES - RIGHT OF WAY REVIEWED BY: DANA LAWSON, SENIOR ENGINEER 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 is required to execute a real property agreement and to record the document. BACKGROUND Staff received an application for a home addition for 116 Starlyn Drive in Pleasant Hill. Staff identified an unauthorized encroachment of a portion of the home's garage over the sanitary sewer easement. Staff requested that the property owner enter into a real property agreement for the encroachment as required by Chapter 7 of District Code. February 21, 2019 Regular Board Meeting Agenda Packet- Page 28 of 111 Page 2 of 3 ALTERNATIVES/CONSIDERATIONS Central San may 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. FINANCIAL IMPACTS None.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 execution of a real property agreement related to 116 Starlyn Drive, Pleasant Hill; and (2) authorizing staff to record the document with the Contra Costa County Recorder. Strategic Plan Tie-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, Strategy 2- Facilitate long-term capital renewal and replacement ATTACHMENTS: 1. Proposed Resolution February 21, 2019 Regular Board Meeting Agenda Packet- Page 29 of 111 Page 3 of 3 RESOLUTION NO. 2019-004 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT 116 STARLYN DRIVE IN PLEASANT HILL (APN: 149-040-051) BE IT RESOLVED by the Board of Directors of Central Contra Costa Sanitary District (Central San) as follows: THAT Central San hereby authorized to execute a Real Property Agreement with the following property owner related to the property at: Assessors' Parcel No.: 149-040-051 Property Owner: Joline M. Banks Site Address: 116 Starlyn Drive, Pleasant Hill 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 21 st day of February, 2019, by the Board of Directors of Central San 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: 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 February 21, 2019 Regular Board Meeting Agenda Packet- Page 30 of 111