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HomeMy WebLinkAbout03. Approve real property agreement for West Park Street in Martinez Page 1 of 3 Item 3. Algi CENTRAL SAN BOARD OF DIRECTORS WE VS.101 M POSITION PAPER MEETING DATE: MARCH 18, 2021 SUBJECT: ADOPT RESOLUTION NO. 2021-016 AUTHORIZING EXECUTION OFA REAL PROPERTYAGREEMENT FOR THE PROPERTY LOCATED AT 0 WEST PARK STREET IN MARTINEZ, 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 (Board) is required to execute a real property agreement. BACKGROUND The property owner wishes to build a single family residence on his property and the City of Martinez (City) is requiring that a retaining wall be built to secure the integrity of a public road. The proposed retaining wall March 18, 2021 Regular Board Meeting Agenda Packet- Page 23 of 340 Page 2 of 3 will cross Central San's sanitary sewer easement and over the existing 8-inch sewer main. This proposed encroachment is defined as a Class Two encroachment per District Code 7.15 and requires Board authorization. ALTERNATIVES/CONSIDERATIONS Reject the proposed encroachment. This alternative is not recommended since the City is requiring the retaining wall to protect the public road 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 March 8, 2021 and recommended approval. RECOMMENDED BOARD ACTION Adopt a resolution authorizing the execution of a real property agreement related to 0 West Park Street in Martinez, 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 March 18, 2021 Regular Board Meeting Agenda Packet- Page 24 of 340 Page 3 of 3 RESOLUTION NO. 2021-016 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT 0 WEST PARK STREET IN MARTINEZ (APN: 192-200-052) 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.: 372-154-008 Property Owner(s): William K. Adafleagbe Site Address: 0 West Park St, Martinez 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 March, 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 Approved as to form: Kenton L. Alm, Esq. Counsel for the District March 18, 2021 Regular Board Meeting Agenda Packet- Page 25 of 340