HomeMy WebLinkAbout04. Authorize execution of Real Property Agreement for 100 Moraga Way, Orinda Page 1 of 3
Item 4.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: JUNE 4, 2020
SUBJECT: ADOPT RESOLUTION NO. 2020-018 AUTHORIZING THE EXECUTION OFA
REAL PROPERTYAGREEMENT FOR THE PROPERTY LOCATED AT 100
MORAGA WAY I N ORI NDA, AND AUTHORIZING STAFF TO RECORD
DOCUMENTS WITH THE CONTRA COSTA COUNTY RECORDER
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.
BACKGROUND
Staff received an application for an accessory dwelling unit in April 2020 for 100 Moraga Way in
Orinda. During the application process, staff identified an existing 1.25-inch gas service line, a proposed
1.25-inch gas service line, a proposed 1.25-inch water service line, a proposed 2-inch electric service line,
a proposed 2-inch communication service line, as well as proposed rock diffuser pads and proposed
June 4, 2020 Regular Board Meeting Agenda Packet- Page 26 of 449
Page 2 of 3
previous concrete paving, over Central San's sanitary sewer easement and over the existing 8-inch sewer
main.
Staff requested that the property owner enter into a real property agreement for the encroachment as
required by Chapter 7 of District Code.
ALTERNATIVES/CONSIDERATIONS
Reject the proposed encroachments and require the property owner to promptly remove or eliminate the
existing 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
A development-related fee of$1,722 was paid by the property owner for the real property agreement, as
set by District Ordinance No. 307.
COMMITTEE RECOMMENDATION
This item was not reviewed by a Board Committee.
RECOMMENDED BOARD ACTION
Adopt a resolution authorizing the execution of a real property agreement related to 100 Moraga Way in
Orinda, and authorizing staff to record documents 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
June 4, 2020 Regular Board Meeting Agenda Packet- Page 27 of 449
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RESOLUTION NO. 2020-018
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT
100 MORAGA WAY IN ORINDA
(APN: 273-042-007)
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 related to the indicated property:
Assessors' Parcel No.: 273-042-007
Property Owner(s): Richard V. Bowling, Jr., Kathleen S. Bowling, and
Sandra K. Bowling
Site Address: 100 Moraga Way, 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 4t" day of June 2020, by the Board of Directors of Central San
by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Michael R. McGill, P.E.
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
June 4, 2020 Regular Board Meeting Agenda Packet- Page 28 of 449