HomeMy WebLinkAbout04. Authorize Real Property Agreement re 1754 Donald Drive in Moraga Page 1 of 3
Item 4.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: DECEMBER 19, 2019
SUBJECT: ADOPT RESOLUTION NO. 2019-076 AUTHORIZING EXECUTION OF A
REAL PROPERTYAGREEMENT RELATED TO 1754 DONALD DRIVE IN
MORAGA 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 (Board) is required to execute a real property agreement and to
record the document.
BACKGROUND
The property owners wish to install a storm drain pipe that will encroach onto an easement at 1754 Donald
Drive in Moraga. The storm drain pipe will improve drainage, which minimizes erosion and damage to the
property. The property owners have agreed to execute a Real Property Agreement to authorize the
encroachment.
December 19, 2019 Regular Board Meeting Agenda Packet- Page 15 of 260
Page 2 of 3
ALTERNATIVES/CONSIDERATIONS
The Board may elect to deny the real property agreement. 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 1754 Donald Drive,
Moraga; and (2) authorizing staff to record the document 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, Strategy 3- Protect District personnel and assets from
threats and emergencies
ATTACHMENTS:
1. Proposed resolution
December 19, 2019 Regular Board Meeting Agenda Packet- Page 16 of 260
Page 3 of 3
RESOLUTION NO. 2019-
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT
1754 DONALD DRIVE IN MORAGA (APN: 255-202-025)
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.: 255-202-025
Property Owner(s): Dean A. Schlobohm and Mary Schlobohm, Husband and
Wife as Joint Tenants
Site Address: 1754 Donald Drive, 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 19th day of December, 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
December 19, 2019 Regular Board Meeting Agenda Packet- Page 17 of 260