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HomeMy WebLinkAbout04. Adopt Resolution 2024-002 authorizing execution of a Real Property Agreeement for property located at 2481 Deerwood Drive, San Ramon, CA and authorizing staff to record documents with the Contra Costa County Clerk-Recorder's officePage 1 of 4 Item 4. DCENTRALSAN MEETING DATE: FEBRUARY 1, 2024 BOARD OF DIRECTORS POSITION PAPER SUBJECT: ADOPT RESOLUTION NO. 2024-002 (1)AUTHORIZING EXECUTION OFA REAL PROPERTYAGREEMENT FOR PROPERTY LOCATED AT 2481 DEERWOOD DRIVE, SAN RAMON, CA, AND (2)AUTHORIZING STAFF TO RECORD DOCUMENTS WITH THE CONTRA COSTA COUNTY CLERK - RECORDER'S OFFICE SUBMITTED BY: INITIATING DEPARTMENT: DAVID KRAMER, REAL PROPERTYAGENT ENGINEERING AND TECHNICAL SERVICES - PDS - DEVELOPMENT SERVICES - RIGHT OF WAY REVIEWED BY: DANA LAWSON, SENIOR ENGINEER Roger S. Bailey General Manager ISSUE DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER GREG NORBY, DEPUTY GENERAL MANAGER - OPERATIONS Leah Castella District Counsel A Resolution of the Board of Directors (Board) is required to execute a Real Property Agreement for proposed Class 2 encroachment(s) and to record the document with the Contra Costa County Clerk - Recorder's office. BACKGROUND Staff received an application to review building plans for 2481 Deerwood Drive, located in the City of San Ramon, Contra Costa County for the development of the property. The Mainline Plan Review Engineer February 1, 2024 Regular Board Meeting Agenda Packet - Page 20 of 130 Page 2 of 4 identified that a retaining wall was proposed that would encroach across a dedicated sanitary sewer easement. Staff requested the developer enter into a Real Property Agreement to authorize the proposed improvement, which is defined as Class 2 encroachments under Chapter 7 of the District Code. ALTERNATIVES/CONSIDERATIONS Reject the proposed improvements. This alternative is not recommended since the sewer alignment has been reviewed and approved by the Mainline Plan Review Engineer, the impact has been mitigated by meeting the clearance requirements in Central San's Standard Specifications for Design and Construction, and the property owner is willing to enter into the real property agreement in compliance with District Code. FINANCIAL IMPACTS Development -related fee for this Real Property Agreement was paid by the property owner. COMMITTEE RECOMMENDATION The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on January 16, 2024 and recommended approval. RECOMMENDED BOARD ACTION Adopt a Resolution authorizing execution of a Real Property Agreement related to 2481 Deerwood Drive, San Ramon, CA, and authorizing 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, Strategy 3 - Build neighborhood and industry relations GOAL SIX: Infrastructure Reliability Strategy 1 - Manage assets optimally ATTACHMENTS: 1. Resolution No.2024-002 February 1, 2024 Regular Board Meeting Agenda Packet - Page 21 of 130 Page 3 of 4 RESOLUTION NO. 2024-002 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT APPROVING A REAL PROPERTY AGREEMENT WITH TH DEERWOOD LLC, FOR 2481 DEERWOOD DRIVE, SAN RAMON, CA (APN: 208-640-003) WHEREAS, it has been requested that a Class Two encroachment be allowed, in compliance with District Code Section 7.15, through an application for a real property agreement; and WHEREAS, all Central San requirements and procedures pertaining to issuance of a real property agreement have been satisfied. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Central San as follows: THAT Central San hereby authorized to execute a Real Property Agreement with the following property owner related to the indicated property: Assessors' Parcel No.: 208-640-003 Property Owner(s): TH Deerwood LLC, Site Address: 2481 Deerwood Drive, San Ramon, CA 94583 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 said resolution with the Contra Costa County Clerk - Recorder's Office. PASSED AND ADOPTED this 1 st day of February 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 February 1, 2024 Regular Board Meeting Agenda Packet - Page 22 of 130 Page 4 of 4 Central Contra Costa Sanitary District Resolution No. 2024-002 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, Esq. Counsel for the District February 1, 2024 Regular Board Meeting Agenda Packet - Page 23 of 130