HomeMy WebLinkAbout04. Authorize real property agreement on Mariposa Lane, Orinda Page 1 of 3
Item 4.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: NOVEMBER 5, 2020
SUBJECT: ADOPT RESOLUTION NO. 2020-050 AUTHORIZING EXECUTION OF A
REAL PROPERTYAGREEMENT FOR THE PROPERTY LOCATED AT 40
MARI POSA LANE I N ORI NDA, AND AUTHORIZI NG 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
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 a residential remodel in July 2020 for 40 Mariposa 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
November 5, 2020 Regular Board Meeting Agenda Packet- Page 25 of 150
Page 2 of 3
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.
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 approval.
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
November 5, 2020 Regular Board Meeting Agenda Packet- Page 26 of 150
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RESOLUTION NO. 2020-050
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 5th day of November, 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
November 5, 2020 Regular Board Meeting Agenda Packet- Page 27 of 150