HomeMy WebLinkAbout07. Adopt resolution to authorize a Real Property Agreement for Class 2 Encroachment re: 315 Tappan Terrace, Orinda Page 1 of 3
Item 7.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: OCTOBER 6, 2022
SUBJECT: ADOPT RESOLUTION NO. 2022-074 AUTHORIZING (1) EXECUTION OF A
REAL PROPERTYAGREEMENT FOR CLASS 2 ENCROACHMENTS FOR
THE PROPERTY LOCATED AT 315 TAPPAN TERRACE IN 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
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
ISSUE
A resolution of the Board of Directors (Board) is required to execute real property agreements and to
record the document 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
October 6, 2022 Regular Board Meeting Agenda Packet- Page 73 of 317
Page 2 of 3
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.
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.
The attorney for one of the affect property owners requested edits to the agreement, including Paragraph
4 - I ndemnification for extra District costs due to existence of the I mprovements, Paragraph 5 - Liability for
Damage, Paragraph 6 - Removal of the Improvements, and Paragraph 8 -Attorney Fees. These edits
were reviewed and approved by Central San's legal counsel.
After reviewing the chronology of recorded rights, it was determined that the other property affected by the
slide, 318 Tappan Terrace, did not need to enter into a Real Property Agreement since the repairs on that
parcel are within a private roadway easement that pre-dates the Grant of Sewer Easement.
ALTERNATIVES/CONSIDERATIONS
Reject the proposed improvements. This alternative is not recommended since the slide repair is
necessary to protect the homes and utilities, and the property owner is willing to enter into a real property
agreement in compliance with District Code.
FINANCIAL IMPACTS
A development-related fee was paid for the 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 approval after modifications to the agreement were approved by Central San's
legal counsel.
RECOMMENDED BOARD ACTION
Adopt the proposed resolution authorizing execution of a Real Property Agreement for Class 2
encroachments related to 315 Tappan Terrace in Orinda, and authorizing staff to the record document with
the Contra Costa County Recorder.
Strategic Plan re-In
GOAL ONE: Customer and Community
Strategy 1—Deliver high-quality customer service, Strategy 3- Build neighborhood and industry relations
ATTACHMENTS:
1. Proposed Resolution
October 6, 2022 Regular Board Meeting Agenda Packet- Page 74 of 317
Page 3 of 3
RESOLUTION NO. 2022-074
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT RELATED TO
315 TAPPAN TERRACE, ORINDA, CA (APN: 266-360-003)
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 properties:
Assessors' Parcel No.: 266-360-003
Property Owner(s): David W. Estopinal
Site Address: 315 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 document 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 6t" day of October 2022 by the Board of Directors of Central
San by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Barbara D. Hockett
President Pro Tem 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
October 6, 2022 Regular Board Meeting Agenda Packet- Page 75 of 317