HomeMy WebLinkAbout05. Resolution 2024-016 Real Property agreement for 1801 Del Rey LafayettePage 1 of 4
Item 5.
DCENTRALSAN
MEETING DATE: JULY25, 2024
BOARD OF DIRECTORS
POSITION PAPER
SUBJECT: ADOPT RESOLUTION NO. 2024-016 AUTHORIZING (1) EXECUTION OF A
REAL PROPERTYAGREEMENT FOR PROPERTY LOCATED AT 1801 DEL
RAY, LAFAYETTE, AND (2) STAFF TO RECORD DOCUMENTS WITH THE
CONTRA COSTA COUNTY CLERK -RECORDERS OFFICE
SUBMITTED BY: INITIATING DEPARTMENT:
BRANDON MIELKE, ASSISTANT REAL ENGINEERING AND TECHNICAL SERVICES -
PROPERTYAGENT PDS - DEVELOPMENT SERVICES - RIGHT OF
DANA LAWSON, SENIOR ENGINEER WAY
REVIEWED BY: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION
MANAGER
GREG NORBY, DEPUTY GM - ENGINEERING & OPERATIONS
0 W
Roger S. Bailey Leah Castella
General Manager District Counsel
ISSUE
A Resolution of the Board of Directors (Board) is required to execute a Real Property Agreement for
proposed Class two 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 a new single-family home in June 2024 for 1801
Del Ray St., Lafayette for the development of the property. During the application process, staff identified
that the proposed six-inch storm drain would cross the existing sanitary sewer easement dedication. The
existing sanitary sewer easement was established via an Irrevocable Offer of Dedication recorded with the
July 25, 2024 Special Board Meeting Agenda Packet - Page 22 of 188
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Contra Costa County Recorder's Office. Staff requested the property owner enter into a Real Property
Agreement for the proposed subsurface improvements that will encroach into our easement and are
classified as Class 2 encroachments under Chapter 7 of the District Code.
ALTERNATIVES/CONSIDERATIONS
1. Adopt a resolution authorizing a real property agreement to allow the new Class 2 encroachment; and
authorizing staff to record documents with the Contra Costa County Recorder. This alternative is
recommended since the Applicant has mitigated the impacts to the District's use and enjoyment of
the easement and will not negatively impact maintenance or future renovation.
2. Reject the request to authorize the proposed Class 2 encroachment.
3. Provide some other direction to staff.
FINANCIAL IMPACTS
A development -related fee was paid by the property owner for the real property agreement, as set by the
current District Ordinance.
COMMITTEE RECOMMENDATION
This item was reviewed by the Real Estate, Environmental Planning committee on July 16, 2024 and
recommended for Board approval.
RECOMMENDED BOARD ACTION
Adopt Resolution No. 2024-016 authorizing (1) execution of a Real Property Agreement for Property
located at 1801 Del Ray, Lafayette, and (2) staff to record documents with the Contra Costa County Clerk -
Recorders 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. Resolution
July 25, 2024 Special Board Meeting Agenda Packet - Page 23 of 188
Page 3 of 4
RESOLUTION NO. 2024-016
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
APPROVING A REAL PROPERTY AGREEMENT
WITH LEVI BOWMAN AND CHELSEA BOWMAN, TRUSTEES OF THE BOWMAN
FAMILY TRUST, DATED MAY 15, 2015
DISTRICT PROJECT 5232
PARCEL NO. 2, LAFAYETTE
APN 167-300-014
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 approves the Agreement relating to Real Property with Levi
Bowman and Chelsea Bowman, Trustees of the Bowman Family Trust, dated May 14, 2015,
related to District Project 5232 Parcel No.2, in Lafayette, and
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 25th day of July 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
July 25, 2024 Special Board Meeting Agenda Packet - Page 24 of 188
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Central Contra Costa Sanitary District
Resolution No. 2024-016
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
July 25, 2024 Special Board Meeting Agenda Packet - Page 25 of 188