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