HomeMy WebLinkAbout04.b. Review draft to authorize Real Property Agreemetn re 1594 Huston Rd, Lafayette for Class 2 Encroachments Page 1 of 4
Item 4.b.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
DRAFT
MEETING DATE: SEPTEMBER 21, 2022
SUBJECT: REVI EW DRAFT POSITION PAPER TO ADOPT RESOLUTION NO.
2022- AUTHORIZING (1) EXECUTION OFA REAL PROPERTY
AGREEMENT FOR A CLASS 2 ENCROACHMENT AT 1594 HUSTON ROAD,
LAFAYETTE, AND (2) STAFF TO RECORD THE 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
ISSUE
A resolution of the Board of Directors (Board) is required to execute a real property agreement and
authorize staff to record the documents with the Contra Costa County Recorder.
BACKGROUND
Staff received plans related to a minor subdivision in Lafayette. Encroachments were identified as a bridge
with pier supports and wingwalls, utilities (water,joint trench), and private roadway. The plans were
reviewed by the Development Services Section and Capital Projects Division for impacts to the existing
public sanitary sewer system. The Applicant will mitigate the impact of the encroachments by replacing 55
feet of existing 8-inch vitrified clay (VC) sewer pipe with 8-inch ductile iron (DI)where there is additional
loading and limited access within the bridge encroachment, utilities shall cross with at least 45-degree
angles and 12-inch vertical clearance in compliance with Standard Specifications, the private roadway will
be owned and maintained by the property owners.
Staff informed the applicant that Board authorization are required for encroachments, which are classified
as Class 2 encroachments under Chapter 7 of the District Code. The applicant requested that staff
proceed with their request to the Board to enter into a real property agreement for the improvements that
will encroach into the sewer easement.
September 21, 2022 REEP Committee Meeting Agenda Packet- Page 10 of 23
Page 2 of 4
ALTERNATIVES/CONSIDERATIONS
The Board could decline to authorize the Real Property Agreement. This alternative is not recommended
since the property owner is willing to mitigate the impact of the encroachments and enter into a real
property agreement in compliance with Chapter 7 of the District Code.
FINANCIAL IMPACTS
A development-related fee was paid for the real property agreement, as set by District Ordinance No. 321.
COMMITTEE RECOMMENDATION
The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on
September 21, 2022 and recommended
RECOMMENDED BOARD ACTION
Adopt the proposed resolution authorizing execution of a Real Property Agreement related to a Class 2
encroachment at 1594 Huston Road, Lafayette, and authorizing staff to record the documents with the
Contra Costa County Recorder.
Strategic Plan re-In
GOAL ONE: Customer and Community
Strategy 1 - Deliver high-quality customer service
GOAL SIX: Infrastructure Reliability
Strategy 1 - Manage assets optimally
ATTACHMENTS:
1. Proposed Resolution
2. Exhibit A
September 21, 2022 REEP Committee Meeting Agenda Packet- Page 11 of 23
Page 3 of 4
Attachment 1
RESOLUTION NO. 2022-
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT
1594 HUSTON ROAD, LAFAYETTE
(APN: 169-232-007)
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.: 169-232-007
Property Owner(s): Bare Group LLC, a California limited liability company
Site Address: 1594 Huston Road, Lafayette, CA 94549
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
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 21, 2022 REEP Committee Meeting Agenda Packet- Page 12 of 23
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EXHIBIT 'A' 6s LANDS OF
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