HomeMy WebLinkAbout05.b. Review draft to authorize a real property agreement for Class 2 Encroachment at 315 and 315 Tappan Terrace in Orinda Page 1 of 4
Item 5.b.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
DRAFT
MEETING DATE: JULY 20, 2022
SUBJECT: REVIEW DRAFT POSITION PAPER TO ADOPT RESOLUTION NO.
2022- AUTHORIZING (1) EXECUTION OF TWO REAL PROPERTY
AGREEMENTS FOR CLASS 2 ENCROACHMENTS FOR THE PROPERTIES
LOCATED AT 315 TAPPAN TERRANCE AND 318 TAPPAN TERRACE I N
ORI NDA, AND (2)AUTHORIZING STAFF TO RECORD DOCUMENTS WITH
THE CONTRA COSTA COUNTY RECORDER
SUBMITTED BY: INITIATING DEPARTMENT:
KATHLEEN RODRIGUEZ, REAL PROPERTY 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
EDGAR J. LOPEZ, CAPITAL PROJECTS DIVISION MANAGER
JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL
SERVICES
ISSUE
A resolution of the Board of Directors (Board) is required to execute real property agreements and to
record the documents with the Contra Costa County Recorder.
BACKGROUND
Staff received an application to review plans related to a land slide repair at 315 and 318 Tappan Terrace
in Orinda. Several private parties are involved in a settlement agreement to repair the property, including
East Bay Municipal Utility District (EBMUD). Staff identified that the proposed repair would have
encroachments into the existing 10-foot sanitary sewer easement, which was established via Map of
Subdivision 4881, filed June 22, 1978, in Book 212 of Maps at Page 39 in the Contra Costa County
Recorder's Office. Staff requested the property owners enter into a real property agreement for the
improvements that will encroach into the District's easement and are classified as Class 2 encroachments
under Chapter 7 of the District Code.
July 20, 2022 REEP Committee Meeting Agenda Packet- Page 28 of 53
Page 2 of 4
In addition, the Capital Projects Division has been working with EBMUD coordinating new utilities and
designing necessary District sewer improvements. The Board will be updated on the final improvements
and agreements needed to complete the sewer work at a future meeting of the Real Estate, Environmental
& Planning Committee and the Board of Directors.
ALTERNATIVES/CONSIDERATIONS
Reject the proposed improvements. This alternative is not recommended since the slide repair is
necessary to protect the homes and utilities, and both property owners are willing to enter into a real
property agreement in compliance with District Code.
FINANCIAL IMPACTS
A development-related fee was paid for each real property agreement, as set by District Ordinance No.
317.
COMMITTEE RECOMMENDATION
The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on July 20,
2022 and recommended
RECOMMENDED BOARD ACTION
Adopt the proposed resolution authorizing execution of Real Property Agreements for Class 2
encroachments related to 315 and 318 Tappan Terrace in Orinda, and authorizing staff to record
documents with the Contra Costa County Recorder.
Strategic Plan Tie-In
GOAL ONE: Customer and Community
Strategy 3- Build neighborhood and industry relations
GOAL SIX: Infrastructure Reliability
Strategy 1 - Manage assets optimally
GOAL SEVEN:Innovation and Agility
Strategy 3- Be adaptable, resilient, and responsive
ATTACHMENTS:
1. Proposed Resolution
July 20, 2022 REEP Committee Meeting Agenda Packet- Page 29 of 53
Page 3 of 4
RESOLUTION NO. 2022-
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT
315 Tappan Terrance, Orinda, CA (APN: 266-360-003)
and 318 Tappan Terrace, Orinda (APN: 266-360-002)
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 owners related to the indicated properties:
Assessors' Parcel No.: 266-360-003
Property Owner(s): David W. Estopinal
Site Address: 315 Tappan Terrace, Orinda, CA 94563
Assessors' Parcel No.: 266-360-002
Property Owner(s): Nick Lawrence, Trustee
Site Address: 318 Tappan Terrace, Orinda, CA 94563
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 day of , 2022 by the Board of Directors of
Central San by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
David R. Williams
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
July 20, 2022 REEP Committee Meeting Agenda Packet- Page 30 of 53
Page 4 of 4
Central Contra Costa Sanitary District
Resolution No. 2022-
Page 2 of 2
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
July 20, 2022 REEP Committee Meeting Agenda Packet- Page 31 of 53