HomeMy WebLinkAbout04.l Ingram real property agreementCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS '
POSITION PAPER
Board Meeting Date: AtagUSt 5, 2010
Type of Action: ADOPT RESOLUTION
subject: ADOPT A RESOLUTION APPROVING A REAL PROPERTY AGREEMENT
WITH SCOTT S. INGRAM AND KRISTIN DAKIS INGRAM, AND AUTHORIZING
EXECUTION AND RECORDING OF THE AGREEMENT (3877 LOS ARABIS DRIVE,
LAFAYETTE; APN 248-140-007; JOB 2831)
Submitted By: Initiating Dept./Div.:
Kathleen West, Sr. Right-of-Way Agent Engineering /Environmental Services
REVIEWED AND
FOR BOARD ACTION:
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ISSUE: As provided in C;Tiapter 7.15 of the District Code, Scott S. Ingram and Kristin
Dakis Ingram, owners of the property at 3877 Los Arabis Drive, Lafayette (APN 248-
140-007) have requested that the Board approve a Real Property Agreement to allow
improvements on the property to remain within a District easement.
RECOMMENDATION: Adopt a resolution approving a Real Property Agreement,
authorizing the President of the Board and the Secretary of the District to execute the
agreement and authorizing staff to record the agreement with the Contra Costa County
Recorder.
FINANCIAL IMPACTS: The property owners have paid the applicable processing fee
and have signed the proposed agreement that would obligate them to pay any
incremental District costs attributable to the presence, maintenance or use of the
improvements within the easement.
ALTERNATIVES/CONSIDERATIONS: The
Board may decline approval of the agreement
and direct staff to seek removal of the existing
improvements.
BACKGROUND: Approximately 10 years ago,
the property owners built a retaining wall and
parking structure on their property. While
seeking a building permit from the local agency,
it was also discovered through a field survey that
the retaining wall and parking structure
encroached onto the adjoining lot and a CCCSD
sewer easement. Subsequent to this discovery,
the property owners processed and recorded a
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N:\ENVRSEC\Position Papers\West\PP -Los Arabis (Ingram) 8.5.10 FINAL jm2.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: August 5, 2010
subject. ADOPT A RESOLUTION APPROVING A REAL PROPERTY AGREEMENT
WITH SCOTT S. INGRAM AND KRISTIN DAKIS INGRAM, AND AUTHORIZING
EXECUTION AND RECORDING OF THE AGREEMENT (3877 LOS ARABIS DRIVE,
LAFAYETTE; APN 248-140-007; JOB 2831)
lot line adjustment so that above-mentioned improvements are now legally on the
subject property. The owners have requested that the existing improvements, as shown
in Attachment 1, be allowed to remain within the District's easement subject to a Real
Property Agreement as allowed by Chapter 7.15 of the District Code.
Engineering and Collection System Operations staffs have determined that the existing
public sewer on the property is in good condition and that the proposed improvements
will not significantly interfere with the District's use. The agreement limits what may be
installed or planted within the easement area in the future. The owners accept liability
for any damage that they may cause to the District's facilities. Further, the owners
agree to hold the District harmless from all claims and liability for injury to persons or to
property as a result of the presence of the improvements within the District's easement.
In addition, the owners agree not to impede District's routine or emergency access to
the property, and to remove the improvements if so ordered by the District.
Staff has concluded that this project (execution of the Real Property Agreement) is
exempt from compliance with the California Environmental Quality Act (CEQA) under
District CEQA Guidelines, Section 15305, since it involves a minor alteration in land
use limitations. Approval of this agreement will establish the Board of Directors'
independent finding that this project is exempt from CEQA.
RECOMMENDED BOARD ACTION: Adopt a resolution approving a Real Property
Agreement, authorizing the President of the Board and the Secretary of the District to
execute the agreement and authorizing staff to record the agreement with the Contra
Costa County Recorder.
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