HomeMy WebLinkAbout04.d. Review draft Position Paper to adopt Resolution No. 2020-___ authorizing the execution of a real property agreement for the property located at 40 Mariposa Lane in Orinda, and authorizing staff to record documents with the Contra Costa County Recor Page 1 of 3
Item 4.d.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
DRAFT
MEETING DATE: OCTOBER 12, 2020
SUBJECT: REVIEW DRAFT POSITION PAPER TO ADOPT RESOLUTION NO. 2020-
AUTHORIZING THE EXECUTION OFA REAL PROPERTYAGREEMENT
FOR THE PROPERTY LOCATED AT 40 MARIPOSA LANE IN 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 & DEVELOPMENT SERVICES DIVISION
MANAGER
JEAN-MARC PETIT, DIRECTOR OF ENGINEERING & TECHNICAL
SERVICES
ISSUE
A resolution of the Board of Directors is required to execute a real property agreement.
BACKGROUND
Staff received an application for a residential remodel in July 2020 for 40 Miraposa Lane in Orinda. During
the application process, staff identified an existing portion of the house and a terrace encroaching into
Central San's 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.
ALTERNATIVES/CONSIDERATIONS
Reject the real property agreement and require the property owner to promptly remove the existing
unauthorized encroachment; 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.
October 12, 2020 REEP Committee Meeting Agenda Packet- Page 24 of 100
Page 2 of 3
FINANCIAL IMPACTS
A development-related fee of $1,768 was paid by the property owner for the real property agreement, as
set by District Ordinance No. 310.
COMMITTEE RECOMMENDATION
The Real Estate, Environmental, and Planning Committee reviewed this matter at its meeting on October
12, 2020 and recommended
RECOMMENDED BOARD ACTION
Adopt a resolution authorizing the execution of a real property agreement related to 40 Mariposa Lane in
Orinda, and authorizing staff to record documents with the Contra Costa County Recorder.
Strategic Plan Tie-In
GOAL ONE: Customer and Community
Strategy 1—Deliver high-quality customer service
GOAL FIVE:Infrastructure Reliability
Strategy 1—Manage assets optimally to prolong their useful life
ATTACHMENTS:
1. Proposed Resolution
October 12, 2020 REEP Committee Meeting Agenda Packet- Page 25 of 100
Page 3 of 3
RESOLUTION NO. 2020-
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT
40 MARIPOSA LANE IN ORINDA
(APN: 265-040-007)
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 indicated property:
Assessors' Parcel No.: 265-040-007
Property Owner(s): Brenton and Wendy Collins
Site Address: 40 Mariposa Lane, 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 1St day of October, 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
October 12, 2020 REEP Committee Meeting Agenda Packet- Page 26 of 100