HomeMy WebLinkAbout03.c. Adopt a Resolution Authorizing 1) Execution of a Real Property Agreement for 650 La Casa Via in Walnut Creek and 2) Authorize Staff to Record Documents with the Contra Costa County Clerk-Recorder's OfficePage 1 of 3 Item 3.c. DCENTRALSAN MEETING DATE: MAY 17, 2023 BOARD OF DIRECTORS POSITION PAPER DRAFT SUBJECT: REVIEW DRAFT POSITION PAPER TO ADOPTA RESOLUTION AUTHORIZING 1) EXECUTION OF A REAL PROPERTYAGREEMENT FOR PROPERTY LOCATED AT 650 LA CASA VIA I N WALNUT CREEK AND; 2) AUTHORIZING STAFF TO RECORD DOCUMENTS WITH THE CONTRA COSTA COUNTY CLERK -RECORDER'S OFFICE SUBMITTED BY: INITIATING DEPARTMENT: DAVID KRAMER, SENIOR RIGHT OF WAY ENGINEERING AND TECHNICAL SERVICES - AGENT PDS - DEVELOPMENT SERVICES - RIGHT OF WAY REVIEWED BY: DANA LAWSON, SENIOR ENGINEER DANEA GEMMELL, PLANNING & DEVELOPMENT SERVICES DIVISION MANAGER EDGAR LOPEZ, PROVISIONAL DIRECTOR OF ENGINEERING & TECHNICAL SERVICES ISSUE A Resolution of the Board of Directors (Board) is required to execute a real property agreement for proposed Class 2 encroachments and to authorize staff to record documents with the Contra Costa County Clerk -Recorder's Office. BACKGROUND Staff received an application to review building plans for 650 La Casa Via, located in Walnut Creek for the construction of a new single-family residence that will include utility services for gas, electric, water, and storm drainage. These new utilities would encroach into a sanitary sewer easement as this is the only route to bring the services from the road to the home. The applicant subsequently submitted an application for a real property agreement, as described in Chapter 7 of the District Code to authorize their proposed Class 2 encroachment. Staff has determined that this proposed Class 2 encroachment will not negatively impact daily operations or maintenance and will be documented through the agreement so their location is identified when future renovation of the pipe is necessary. May 17, 2023 REEP Committee Meeting Agenda Packet - Page 14 of 33 Page 2 of 3 ALTERNATIVES/CONSIDERATIONS Reject the request to authorize the proposed encroachment. This alternative is not recommended since the property owner is willing to enter into the real property agreement in compliance with District Code, there is no other reasonable route to bring utility services to the home, and the encroachments will not impact daily operations or maintenance, and would be documented through the agreement to identify their location when future renovation of the pipe is necessary. FINANCIAL IMPACTS A development -related fee was paid by the property owner 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 May 17, 2023 and recommended RECOMMENDED BOARD ACTION Adopt the proposed Resolution to authorize the execution of a Real Property Agreement related to 650 La Casa Via, located in Walnut Creek, and to authorize staff to record documents with the Contra Costa County Clerk -Recorder's Office. 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 May 17, 2023 REEP Committee Meeting Agenda Packet - Page 15 of 33 Page 3 of 3 RESOLUTION NO. 2023- A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT APPROVING REAL PROPERTY AGREEMENT WITH THE DARREN AND DEBORAH BOURNE LIVING TRUST DATED MAY 23, 2010, DISTRICT PROJECT 2670 PARCEL NO 4 A &B, WALNUT CREEK APN 140-190-005 NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District (Central San) as follows: THAT Central San hereby approves the Agreement relating to Real Property with The Darren and Deborah Bourne Living Trust dated May 23, 2010, District Project No. 2670, Parcel No. 4 A&B, Walnut Creek dated April 17, 2023; and 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 said agreement with the Contra Costa County Clerk - Recorder's Office. PASSED AND ADOPTED this (day) day of (month) 2023 by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Barbara D. Hockett 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 May 17, 2023 REEP Committee Meeting Agenda Packet - Page 16 of 33