HomeMy WebLinkAbout03.a. Adopt Proposes Resolution No. 2023-XX Authorizing (1) Execution of a Notice of Easement Encroachment at 1 La Senda, Orinda and (2) Allow Staff to Record the Documents with the CCC Clerk-Recorders OfficePage 1 of 3
Item 3.a.
DCENTRALSAN
MEETING DATE: SEPTEMBER 20, 2023
BOARD OF DIRECTORS
POSITION PAPER
DRAFT
SUBJECT: REVIEW DRAFT POSITION PAPER TO ADOPT PROPOSED RESOLUTION
NO. 2023-XX AUTHORIZING (1) EXECUTION OF A NOTICE OF EASEMENT
ENCROACHMENT AT 1 LA SENDA, ORI NDA AND (2) ALLOW STAFF TO
RECORD THE DOCUMENTS WITH THE CONTRA COSTA COUNTY CLERK -
RECORDERS OFFICE
SUBMITTED BY: INITIATING DEPARTMENT:
STEPHANIE GRONLUND, ASSOCIATE
ENGINEER
ENGINEERING AND TECHNICAL SERVICES-
PDS-DEVELOPMENT SERVI CES-MAI NLI NE
REVI EW
REVIEWED BY: DANEA GEMMELL, PLANNING AND DEVELOPMENT DIVISION MANAGER
GREG NORBY, DEPUTY GENERAL MANAGER - OPERATIONS
KENTON L. ALM, ESQ. COUNSEL FOR THE DISTRICT
ROGER S. BAILEY, GENERAL MANAGER
ISSUE
A Resolution of the Board of Directors is required to execute and record a Notice of Easement
Encroachment.
BACKGROUND
Staff received an application from Eric and Karin Burns (Owner) for a sanitary sewer lateral repair at 1 La
Senda, Orinda (Owner's Property) in June 2021. Upon review, staff determined there were unauthorized
encroachments within existing sanitary sewer easements located on the Owner's Property. The
unauthorized encroachments include a roof overhang, second -story deck with support post, reinforced
concrete walkway, retaining wall, and exterior corner of the house. The encroachments will significantly
interfere with Central San's ability to renovate this sewer main.
Staff notified the Owner that these encroachments would need to be addressed before a sewer work
permit could be issued. Instead, the Owner chose to rescind their repair application. Therefore, staff
mailed a "Notice of Easement Encroachment" letter to the Owner, which provided two options: (1) remove
encroachments; or (2) apply and execute a real property agreement.
September 20, 2023 REEP Committee Meeting Agenda Packet - Page 3 of 13
Page 2 of 3
The Owner's response was a realignment of the public sewer at their expense; Central San was agreeable
to this proposal. I n April 2022 the Owner and their engineer began exploring various realignments.
However, none of the proposed realignments conformed to Central San's Standard Specifications for
Design and Construction, such as providing maintenance or access requirements or the appropriate land
rights. Due to the complexity of the Owner's Property (steep slopes, seasonal drainage creek, mature
trees, and numerous private improvements), the Owner elected to discontinue pursuing a realignment of
the public sewer.
I n the event the Owner does not remove the unauthorized encroachments nor sign a real property
agreement, staff is requesting the Board to authorize execution and recording of a Notice of Easement
Encroachment.
ALTERNATIVES/CONSIDERATIONS
The Board could decline to authorize execution and recording of the Notice of Easement Encroachment.
However, this is not recommended as future owners should be made aware of the unauthorized
encroachments and the liability they would be acquiring.
FINANCIAL IMPACTS
The approximate staff costs for preparing and recording the Notice of Easement Encroachment is $2,400.
COMMITTEE RECOMMENDATION
This item was reviewed by the Real Estate, Environmental Planning committee on September 20, 2023
and recommended
RECOMMENDED BOARD ACTION
Adopt Resolution No. 2023-XX authorizing (1) execution of a Notice of Easement Encroachment at 1 La
Senda, Orinda and (2) staff to record documents with the Contra Costa County Clerk -Recorders Office.
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
September 20, 2023 REEP Committee Meeting Agenda Packet - Page 4 of 13
Page 3 of 3
ATTACHMENT 1
RESOLUTION NO. 2023-
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
AUTHORIZING EXECUTION OF NOTICE OF EASEMENT ENCROACHMENT
ERIC AND KARIN BURNS
FOR 1 LA SENDA, ORINDA
APN 262-141-002
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 authorizes execution of a Notice of Easement Encroachment
relating to real property with Eric B. and Karin L. Burns, Trustees of "The Eric and Karin
Burns Living Trust, dated August 24, 2011 ", for 1 La Senda, Orinda (APN 262-141-002);
and
THAT Central San's General Manager or their designee is hereby authorized to execute
said document for and on behalf of Central San; and
THAT staff is authorized to record this Resolution, said Notice of Easement
Encroachment, and all such appropriate documents relating to this matter with the
Contra Costa County Clerk -Recorder's Office.
PASSED AND ADOPTED this 5t" day of October 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, CMC
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 20, 2023 REEP Committee Meeting Agenda Packet - Page 5 of 13