HomeMy WebLinkAbout02. Authorize real property agreement for 192 Cypress Point Way in Moraga Page 1 of 4
Item 2.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: JANUARY21, 2021
SUBJECT: ADOPT RESOLUTION NO. 2021-007 AUTHORIZING EXECUTION OFA
REAL PROPERTYAGREEMENT FOR THE PROPERTY LOCATED AT 192
CYPRESS POINT WAY IN MORAGA, AND AUTHORIZING STAFF TO
RECORD DOCUMENTS WITH THE CONTRA COSTA COUNTY RECORDER
SUBMITTED BY: INITIATING DEPARTMENT:
KATHLEEN RODRIGUEZ, SENIOR RIGHT OF ENGINEERING AND TECHNICAL SERVICES -
WAYAGENT 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 and to record the
document with the Contra Costa County Recorder.
BACKGROUND
An application was received to review building plans for 192 Cypress Point Way, Moraga. Staff identified
an unauthorized encroachment of a portion of the east side of the garage which was located in a 15-foot
sanitary sewer easement area. Central San's understanding is the encroachment has existed since the
January 21, 2021 Regular Board Meeting Agenda Packet- Page 15 of 119
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home was built sometime in 1973. The applicant wished to replace existing pavement with new pavement
for a golf cart path to the golf cart garage which does not encroach over the easement. Staff requested the
property owner enter a real property agreement for the encroachments as required by Chapter 7 of the
District Code.
ALTERNATIVES/CONSIDERATIONS
Reject the proposed encroachments. 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 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 January
11, 2021 and recommended Board approval.
RECOMMENDED BOARD ACTION
Adopt a resolution authorizing execution of a real property agreement related to 192 Cypress Point Way in
Moraga, and authorizing staff to record documents with the Contra Costa County Recorder.
Strategic Plan re-In
GOAL FIVE: Infrastructure Reliability
Strategy 1—Manage assets optimally to prolong their useful life
ATTACHMENTS:
1. Proposed Resolution
January 21, 2021 Regular Board Meeting Agenda Packet- Page 16 of 119
Page 3 of 4
RESOLUTION NO. 2021-007
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT
192 CYPRESS POINT WAY, MORAGA
(APN: 257-430-084)
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.: 257-430-084
Property Owner(s): George Thomas Wolfman and Carole Eileen Wolfman,
Trustees of the Wolfman Family Trust dated August 21,
1990
Site Address: 192 Cypress Point Way, 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 21 St of January 2021, by the Board of Directors of Central San
by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Tad J. Pilecki
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
January 21, 2021 Regular Board Meeting Agenda Packet- Page 17 of 119
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Central Contra Costa Sanitary District
Resolution No. 2021-007
Page 2 of 2
Approved as to form:
Kenton L. Alm, Esq.
Counsel for the District
January 21, 2021 Regular Board Meeting Agenda Packet- Page 18 of 119