HomeMy WebLinkAbout03.a. Adopt Resolution No. 2024-XXX (1) Authorizing a Notice of Easement Encroachment at 1 La Senda, Orinda (2) to Record the Documents with the Contra Costa County Clerk-Recorder's OfficePage 1 of 6
Item 3.a.
DCENTRALSAN
MEETING DATE: DECEMBER 20, 2023
BOARD OF DIRECTORS
POSITION PAPER
DRAFT
SUBJECT: REVIEW DRAFT POSITION PAPER TO ADOPT RESOLUTION NO. 2024-
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 COUNTYCLERK-
RECORDER'S OFFICE
SUBMITTED BY: INITIATING DEPARTMENT:
DANA LAWSON, SENIOR ENGINEER ENGINEERING AND TECHNICAL SERVICES -
PDS - DEVELOPMENT SERVICES - RIGHT OF
WAY
REVIEWED BY: DANEA GEMMELL, PLANNING AND DEVELOPMENT DIVISION MANAGER
GREG NORBY, DEPUTY GENERAL MANAGER - OPERATIONS
ROGER S. BAILEY, GENERAL MANAGER
ISSUE
A Resolution of the Board of Directors (Board) is required to execute and record a Notice of Easement
Encroachment.
BACKGROUND
In 1925, a subdivision map was recorded for Haciendas Del Orinda Unit No. 3. Subsequent lot line
adjustments significantly altered three parcels which overlap with present-day 1 La Senda (the Property).
In 1951, Local Improvement District (LI D) 22 brought sanitary sewers to the subdivision and two Grants of
Easement for sanitary sewer purposes were recorded on Parcels 25 and 26 (present-day 1 La Senda). A
public sanitary sewer was installed within these 5-foot-wide sanitary sewer easements which provides
sewer service for 15 parcels upstream.
I n 1955, a sewer connection permit was issued for a home at, present-day, 1 La Senda. I n 2013, an over-
the-counter permit was issued to install a cleanout with an overflow protection device.
I n 2018, the property was purchased by Eric and Karin Burns (the Owners). J une 7, 2021, an application
was submitted to replace the cleanout and repair approximately 9-feet of sewer lateral by open trench
method. Upon review, staff determined there were unauthorized encroachments into the sanitary sewer
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easements located on the Owner's Property. The unauthorized encroachments include a roof overhang,
second -story deck with support post with approximately 8' aerial clearance, reinforced concrete walkway,
retaining walls, and exterior corner of the house and possibly a portion of its foundation. The
encroachments will significantly interfere with Central San's ability to renovate this sewer main, as defined
by District Code Section 7.15.
Staff notified the Owners that these encroachments would need to be addressed before a sewer work
permit could be issued; which is standard practice for agencies to address Code violations.
After multiple conversations with permit counter staff, the Owners decided not to sign a real property
agreement and to forgo making repair on the exterior sewer line but only repair the interior building
plumbing. The repair application was cancelled.
A formal Notice of Easement Encroachment letter was mailed to the property owners J une 11, 2021. The
notice suggests resolving the encroachments by either removing them, or if that is not feasible, the
property owner must apply for and obtain a real property agreement. The Notice also stated: "Although
Central San is not taking action to remove the encroachment as this time, you have 90 days to apply for a
real property agreement, and a hold has been placed in our permitting system requiring these
encroachments to be resolved before any applications or permits will be processed. If you choose not to
apply for the real property agreement before September 8, 2021, then Central San will record a Notice of
Encroachment against the property so that any future buyers are aware of the unauthorized
encroachments." Enclosed with the notice was extracts of District Code Sections 7.15, Easements and
Easement Encroachments, Geoportal Map, Grant of Easement, and Applicant Guide to Encroachments
which includes the real property agreement template.
I nstead, the Owners' response was a realignment of the public sewer at their expense, and suggested the
cost would be covered by the Title Company who missed the Grant of Easement on the Title Reports
when they purchased the property. Central San was agreeable to this proposal and accepted their mainline
application and would suspend the 90-day action since the Owners' were pursing resolution of the
encroachments.
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 non -compound curves, maintenance access to structures, or 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.
Staff re -opened discussions to execute a real property agreement, then discussed the possibility of an
easement exchange agreement and recording of a new grant of easement for future relocation. However,
discussions stalled so this item was brought to the Real Estate, Environmental and Planning Committee in
September. The week of that meeting his legal counsel scheduled a meeting with District's Counsel, so
the item was deferred at that meeting by District Counsel. The property owner attended the meeting and
provided public comment.
Immediately following the Committee meeting on September 20, District Counsel and staff met with the
property owner and his attorney at Central San offices for approximately two hours that afternoon. The
discussion returned to executing a real property agreement and staff re -sent a copy of Central San's
standard real property agreement, which was developed by District Counsel and has been used numerous
times for situations like this, along with copies of maintenance records and a list of other properties with
recorded real property agreements, as requested by the Owners.
A follow-up email was sent one month later, on October 19. The Owners' attorney responded on October
24 with proposed changes that attempted to shift liability and encroachment removal cost to Central San.
District Counsel responded on November 8, rejecting the proposed changes and offering to review any
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minor changes that do not shift liability to Central San. The email also provided notice that if Central San
does not receive the the signed real property agreement by December 15, 2023, that Central San will
include this item in the Real Estate, Environmental & Planning Committee agenda for the December 20,
2023 meeting with a recommendation that the Committee approve recording a Notice of Easement
Encroachment against the Property.
ALTERNATIVES/CONSIDERATIONS
The Board could decline to authorize execution and recording of the Notice of Easement Encroachment.
However, this is not recommended as the property owner has not been responsive and future owners
should be made aware of the unauthorized encroachments and the liability they would be acquiring.
FINANCIAL IMPACTS
To date, approximately $4,500 in staff costs have been incurred, not including District Counsel costs in
meetings and correspondence with the property owner and District Counsel, preparation and review of
documents, and attendance at the September 20, 2023 Committee meeting.
Additional staff cost for a second Committee meeting, Board meeting, and then to execute and record the
Notice of Encroachment is estimated at $750.
The total cost estimate for this action is estimated at $5,250. This does not include future maintenance or
renovation costs to continue service for this public sewer.
COMMITTEE RECOMMENDATION
This item was deferred from the September 20, 2023 meeting of the Real Estate, Environmental Planning
Committee and was reviewed at its meeting on December 20, 2023 and recommended
RECOMMENDED BOARD ACTION
Adopt Resolution No. 2024- 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 -Recorder's 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. Encroachment Exhibit
2. Draft Resolution
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Page 4 of 6
APN
262-141-001
Exhibit A - Encroachment Exhibit
1 La Senda, Orinda, CA
APN
262-160-008
5' Wide Sanitary
Sewer Easement
to CCCSD
(1754OR550)
i
HOUSE
1 LA SENDA
APN 262-141-002
� t
t
5' Wide Sanitary
t t Sewer Easement
�►�t �� To CCCSD
t (1727 OR 165)
t t
Map Date: 9/22/2023
APN
262-142-009
APN
262-141-003
Building Line
Balcony / Roof Overhang
40, PRIVATE R/W Parcel Boundary
Adjacent Parcel Boundary
APN ® Encroachment
262-141-014 _
Sewer Easement
Note: 0 30 Map Displayed in North American Datum of 1983 ATTACHMENT
Central San data as of September 2023. Feet California State Plane, Zone III FIPS O403, US Feet 1
December 20, 2023 REEP Committee Meeting Agenda Packet - Page 6 of 17
Page 5 of 6
Attachment 2
RESOLUTION NO. 2024-
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
AUTHORIZING EXECUTION AND RECORDING OF A NOTICE OF ENCROACHMENT
AT 1 LA SENDA, ORINDA
APN 262-141-002
WHEREAS, Central San finds that Class Two encroachments have been constructed
within the sanitary sewer easement at 1 La Senda, Orinda; and
WHEREAS, Central San finds that these encroachments significantly impact Central
San's ability to operate, maintain, and renovate the public sanitary sewer system; and
WHEREAS, Central San finds that execution and recording of a Notice of Easement
Encroachment will, to the greatest extent reasonably possible, reinforce Central San's
easement rights while at the same time, in the interest of fairness and substantial
justice, notify current and future owners of the unauthorized encroachments.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Central San as
follows:
THAT Central San hereby authorizes execution of a Notice of Easement Encroachment
for 1 La Senda, Orinda (APN 262-141-002), real property owned by "The Eric and Karin
Burns Living Trust, dated August 24, 2011 "; 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 resolution with the Contra Costa County Clerk -
Recorder's Office.
PASSED AND ADOPTED this 18t" day of January 2024 by the Board of Directors of
Central San by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Mariah N. Lauritzen
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
December 20, 2023 REEP Committee Meeting Agenda Packet - Page 7 of 17
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Central Contra Costa Sanitary District
Resolution No. 2024-
Page 2 of 2
COUNTERSIGNED:
Katie Young, CPMC, CIVIC
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
J. Leah Castella
Counsel for the District
December 20, 2023 REEP Committee Meeting Agenda Packet - Page 8 of 17