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HomeMy WebLinkAbout05. Approve real property agreement for 17 Lost Valley Road in Orinda Page 1 of 3 Item 5. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETINGDATE: JULY11, 2019 SUBJECT: ADOPT RESOLUTION NO. 2019-037 APPROVING AREAL PROPERTY AGREEMENT FOR 17 LOST VALLEY ROAD, ORI NDA SUBMITTED BY: INITIATING DEPARTMENT: RICK HERNANDEZ, SENIOR RIGHT OF WAY ENGINEERING AND TECHNICAL SERVICES - AGENT PDS - DEVELOPMENT SERVICES - RIGHT OF WAY REVIEWED BY: DANA LAWSON, SENIOR ENGINEER DANEA GEMMELL, PLANNING & DEVELOPMENT SERVICES DIVISION MANAGER JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE Real Property Agreements require Board approval. BACKGROUND An existing swimming pool and swimming pool deck encroach onto an easement at 17 Lost Valley Road in Orinda. The property owners have agreed to execute a Real Property Agreement to allow the encroachments to remain. ALTERNATIVES/CONSIDERATIONS The Board may elect to deny the Real Property Agreement and order the encroachments removed. July 11, 2019 Special Board Meeting Agenda Packet- Page 53 of 241 Page 2 of 3 FINANCIAL IMPACTS The property owners have paid fees of $1,317. COMMITTEE RECOMMENDATION This matter was not reviewed by a Board Committee. RECOMMENDED BOARD ACTION Adopt the proposed resolution to approve the Real Property Agreement with Mark Johnke and Donna Johnke, Trustees, The Johnke Family Trust, November 13, 2015. Strategic Plan Tie-In GOAL FIVE: Maintain a Reliable Infrastructure Strategy 1 - Manage assets optimally throughout their lifecycle, Strategy 3- Protect District personnel and assets from threats and emergencies ATTACHMENTS: 1. Proposed Resolution July 11, 2019 Special Board Meeting Agenda Packet- Page 54 of 241 Page 3 of 3 RESOLUTION NO. 2019- A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT 17 LOST VALLEY ROAD IN ORINDA (APN: 272-230-018) 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(s) related to the indicated property: Assessors' Parcel No.: 272-230-018 Property Owner(s): Mark Johnke and Donna Johnke, Trustees, The Johnke Family Trust, November 13, 2015 Site Address: 17 Lost Valley Road, Orinda 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 11th day of July, 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 July 11, 2019 Special Board Meeting Agenda Packet- Page 55 of 241