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HomeMy WebLinkAbout05. Authorize a real property agreement for 249 Castle Crest Rd, Alamo Page 1 of 4 Item 5. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: FEBRUARY 18, 2021 SUBJECT: ADOPT RESOLUTION NO. 2021-010 AUTHORIZING EXECUTION OFA REAL PROPERTYAGREEMENT FOR PROPERTY LOCATED AT 249 CASTLE CREST ROAD I N ALAMO, 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 Staff received an application to review building plans for 249 Castle Crest Road, Alamo to build removeable Allan Block landscape terrace retaining walls on the back portion of the property, which consists of a steep hillside, in order to help mitigate soil erosion due to water run-off in the winter. Staff February 18, 2021 Regular Board Meeting Agenda Packet- Page 31 of 147 Page 2 of 4 identified the retaining walls would encroach Central San's 10-foot easement established via a Grant of Easement in 1961. Staff requested the property owner enter into a real property agreement for the improvements that will encroach into Central San's easement, as required by Chapter 7 of the District Code. ALTERNATIVES/CONSIDERATIONS Reject the proposed improvements. This alternative is not recommended since the improvements protect the hillside and sewer pipe from ground movement and 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 February 8, 2021 and recommended approval. RECOMMENDED BOARD ACTION Adopt a resolution authorizing execution of a real property agreement related to 249 Castle Crest Road in Alamo, and authorizing staff to record documents with the Contra Costa County Recorder. Strategic Plan Tie-In GOAL ONE: Customer and Community Strategy 2—Maintain a positive reputation GOAL FIVE:Infrastructure Reliability Strategy 1—Manage assets optimally to prolong their useful life ATTACHMENTS: 1. Proposed Resolution February 18, 2021 Regular Board Meeting Agenda Packet- Page 32 of 147 Page 3 of 4 RESOLUTION NO. 2021-010 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT 249 CASTLE CREST ROAD, ALAMO (APN: 188-402-005) 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.: 188-402-005 Property Owner(s): Claudia H. Wentworth, as Trustee of The Claudia H. Wentworth Revocable Trust initially created January 15, 2015 Site Address: 249 Castle Crest Road, Alamo 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 18th day of February 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 February 18, 2021 Regular Board Meeting Agenda Packet- Page 33 of 147 Page 4 of 4 Central Contra Costa Sanitary District Resolution No. 2021-010 Page 2 of 2 Approved as to form: Kenton L. Alm, Esq. Counsel for the District February 18, 2021 Regular Board Meeting Agenda Packet- Page 34 of 147