HomeMy WebLinkAbout09. Authorize a request for a real property agreement for Class 2 Encroachment at 95 N 1st Ave., Pacheco Page 1 of 7
Item 9.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: SEPTEMBER 2, 2021
SUBJECT: ADOPT RESOLUTION NO. 2021- 048 AUTHORIZING EXECUTION OF A
REAL PROPERTYAGREEMENT FOR A CLASS 2 ENCROACHMENTAT 95
N. 1ST AVE., PACHECO AND AUTHORIZE STAFF TO RECORD THE
DOCUMENTS WITH THE CONTRA COSTA COUNTY RECORDER
SUBMITTED BY: INITIATING DEPARTMENT:
DANA LAWSON, SENIOR ENGINEER ENGINEERING AND TECHNICAL SERVICES -
PDS - DEVELOPMENT SERVICES - RIGHT OF
WAY
REVIEWED BY: 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 for any
new Class 2 Encroachments.
BACKGROUND
Staff received an application in May 2021 to install a billboard at 95 N. 1 st Ave., Pacheco (see Attachment
1). During the application process, staff identified that proposed billboard would create a Class 2
encroachment, per District Code Section 7.15, into the exclusive 12.75-foot wide easement that was
granted to Central San in July 1977. Therefore, staff rejected the plans.
September 2, 2021 Regular Board Meeting Agenda Packet- Page 48 of 199
Page 2 of 7
However, the applicant requested an appeal to staff's decision and would like to enter into a real property
agreement so their proposed encroachment can be considered. The proposed billboard would be
cantilevered over the entire width of the sanitary sewer easement and the foundation would be outside the
easement to the east (see Attachment 2). However, the 34-foot clearance should be sufficient for typical
maintenance/renovation activities.
ALTERNATIVES/CONSIDERATIONS
Reject the request for a new Class 2 encroachment. This is not recommended since the proposed
encroachment is unlikely to impact Central San's enjoyment of the easement and the applicant is willing to
enter into a real property agreement, in compliance with Chapter 7 of District Code.
FINANCIAL IMPACTS
The applicant paid the basic application (as set by District Ordinance No. 310)for staff to present this
request to the Real Estate, Environmental and Planning Committee (REEP). With the REEP Committee's
recommendation, the applicant has also been invoiced for the development-related fee for the real
property agreement to be drafted (as set by District Ordinance No. 317).
COMMITTEE RECOMMENDATION
The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on August
16, 2021 and recommended approval of the real property agreement.
RECOMMENDED BOARD ACTION
Adopt the proposed resolution authorizing execution of a real property agreement to allow the new Class 2
encroachment for a billboard to be installed at 95 N. 1 st Ave., Pacheco and authorize staff to record the
documents with the Contra Costa County Recorder.
Strategic Plan re-In
GOAL ONE: Customer and Community
Strategy 2—Maintain a positive reputation
ATTACHMENTS:
1. GeoPortal Map
2. Applicant Plans
3. Proposed Resolution
September 2, 2021 Regular Board Meeting Agenda Packet- Page 49 of 199
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This map is a user generated static output from Central San's
CENTRAL SAN 0 100 200 Feet Geoportal and is for reference only.Data layers that appear on this
map may or may not be accurate,current,or otherwise reliable. Attachment 1 - GeOPOrtal Marl
N Map Created On:6/15/2021 Map Projection:WGS84
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LED Cabinet Aluminum MAP-Satin #MP-SOA929SP Black
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SALES: exact field conditions.Colors shown are as close as printing will allow.
#2 04115119 Updated Site Map,Sht 3. Allways follow written specifications.
#3 04116119 Updated Site Map,Sht 3. CUSTOMER:
#4 04129119 Updated Site Map,Sht 3&4. ALL RIGHTS RESERVED:
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Page 7 of 7
ATTACHMENT 3
RESOLUTION NO. 2021-048
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT
95 N 1ST AVE IN PACHECO
(APN: 125-240-029)
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.: 125-240-029
Property Owner(s): 95 FIRST AVE N LLC
Site Address: 95 N 1ST AVE, PACHECO (UNINCORPORATED)
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 2nd day of September, 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
September 2, 2021 Regular Board Meeting Agenda Packet- Page 54 of 199