HomeMy WebLinkAbout06. Authorize real property agreement for 29 Crescent Drive in Orinda Page 1 of 3
Item 6.
CENTRAL SAN BOARD OF DIRECTORS
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POSITION PAPER
MEETING DATE: DECEMBER 5, 2019
SUBJECT: ADOPT RESOLUTION NO. 2019-074 AUTHORIZING EXECUTION OFA
REAL PROPERTYAGREEMENT RELATED TO 29 CRESCENT DRIVE IN
ORINDAAND 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 (Board) is required to execute a real property agreement and to
record the document.
BACKGROUND
Staff received an application for an encroachment verification for a home improvement project in Orinda.
During the application process, staff identified an unauthorized encroachment of a portion of the existing
deck onto an easement at 29 Crescent Drive in Orinda. The property owners have agreed to execute a
December 5, 2019 Regular Board Meeting Agenda Packet- Page 50 of 127
Page 2 of 3
Real Property Agreement to allow the encroachment to remain.
ALT ERNAT IVES/CONSIDERAT IONS
The Board may elect to deny the real property agreement and order the encroachments removed. This
alternative is not recommended since the property owner is willing to enter into the agreement in
compliance with District Code.
FINANCIAL IMPACTS
A development-related fee to cover administrative costs was paid by the property owner for the real
property agreement, as set by District Ordinance No. 307.
COMMITTEE RECOMMENDATION
This matter was not reviewed by a Board Committee.
RECOMMENDED BOARD ACTION
Adopt a resolution (1) authorizing execution of a Real Property Agreement related to 29 Crescent Drive,
Orinda; and (2)authorizing staff to record the document with the Contra Costa County Recorder.
Stratedc 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 3- Protect District personnel and assets from
threats and emergencies
ATTACHMENTS:
1. Proposed Resolution
December 5, 2019 Regular Board Meeting Agenda Packet- Page 51 of 127
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RESOLUTION NO. 2019-
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT
29 CRESCENT DRIVE IN ORINDA (APN: 264-075-018)
BE IT RESOLVED by the Board of Directors of 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(s) related to the indicated property:
Assessors' Parcel No.: 264-075-018
Property Owner(s): Moe Mojaddidi and Homa Mojaddidi, as Co-Trustees of the
Moe and Homa Mojaddidi Living Trust, U/A dated
December, 8, 2014
Site Address: 29 Crescent Drive, 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 5t" day of December, 2019, by the Board of Directors of
Central San by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
James A. Nejedly
Acting 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
December 5, 2019 Regular Board Meeting Agenda Packet- Page 52 of 127