HomeMy WebLinkAbout06. Adopt Resolution No. 2022-078 authorizing (1) execution of a Real Property Agreement for a Class 2 Encroachment at 1594 Huston Road, Lafayette, and (2) authorizing staff to record the documents with the Contra Costa County Recorder Page 1 of 4
Item 6.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: NOVEMBER 17, 2022
SUBJECT: ADOPT RESOLUTION NO. 2022-078 AUTHORIZING (1) EXECUTION OF A
REAL PROPERTYAGREEMENT FOR A CLASS 2 ENCROACHMENT AT
1594 HUSTON ROAD, LAFAYETTE, AND (2)AUTHORIZING 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
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 and
authorizing 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
November 17, 2022 Regular Board Meeting Agenda Packet- Page 28 of 101
Page 2 of 4
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.
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 approval.
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 Tie-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
November 17, 2022 Regular Board Meeting Agenda Packet- Page 29 of 101
Page 3 of 4
Attachment 1
RESOLUTION NO. 2022-078
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT
RELATED TO 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 is 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 17t" day of November 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
November 17, 2022 Regular Board Meeting Agenda Packet- Page 30 of 101
Paae 4 of 4
EXHIBIT 'A' LANDS OF ATTACHMENT 2
THIS DIAGRAM IS FOR GRAPHIC PURPOSES BEAN
ONLY.ANY ERRORS OR OMISSIONS SHALL APIN 169-232-008
NOT AFFECT THE LEGAL DESCRIPTION. ON 06-117932
0z
u N36-15'00"E
IrE 156.36'
N61*40'40*E
22.02'
0
(N)20'WIDE ASPHALT
ROAD
0
A
(N)RETAINING WALL
(N)ABUTMENT
L9
(N)20'WIDE ASPHALT
(N)RETAINING WALL ROAD
0
LANDS OF
BYDEWELL LANDS OF
APN 169-232-034 BANO GROUP U-C
o ON 2008-266996 (N)20-WIDE BRIDGE APIN 169-232-007
ON 2019-003425300003
z
EXISTING SEWER
0 EASEMENT TO CCCO
PER 4624 OR 356
c
0
u
z
LEGEND
L9
SUBJECT PROPERTY BOUNDARY h
< ADJACENT PROPERTY LINE C.N INL LA
SUBJECT PUBLIC UTILITY EASEMENT
aN K
D.N. DOCUMENT NUMBER
CRI
CALCULATED FROM RI
vo
Em MEASURED
M EXISTING EASEMENT REFERENCES
RI RECORD OF SURVEY,148 LSM 21 No. 8513
z 01
< 50' 25' 50' 100,
w
LD
1 11=501 qlF OF C AL
ill 011 1/2" ill 2"
IL I
MS15-0001 PROJECT NO.: 19S-029
1GELINE IMPROVEMENTS IN SEWER DATE: 08/19/2022
/11010ENGINEERING SETBACK DRAW BY: EL
2769 BOl WAY I STOCKTON,CA 95206 CHECK BY: JB —
P.209.955.0110 I F.209.955.0220 1594 HUSTON ROAD LAFAYETTE, CA 94549 SHEET NO.: 3 OF C4
19E-029-HRRS-PLAT MAP.d.g