HomeMy WebLinkAbout03.b. Adopt Resolution authoriziing (1) Execution of a Real Property Agreement for property located at 8 Valley Vista Lane, Lafayette, and (2) Staff to record documents with the Contra Costa County Clerk-Recorders officePage 1 of 4
Item 3.b.
DCENTRALSAN
MEETING DATE: NOVEMBER 19, 2024
BOARD OF DIRECTORS
POSITION PAPER
DRAFT
SUBJECT: REVI EW DRAFT POSITION PAPER TO ADOPT RESOLUTION NO. 2024-
XXX AUTHORIZING (1) EXECUTION OF A REAL PROPERTYAGREEMENT
FOR PROPERTY LOCATED AT 8 VALLEY VISTA LANE, 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
WAY
REVIEWED BY: DANA LAWSON, SENIOR ENGINEER
DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION
MANAGER
GREG NORBY, DEPUTY GM - ENGINEERING & OPERATIONS
ROGER S. BAILEY, GENERAL MANAGER
ISSUE
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
The Permit Counter received and approved improvement plans in April of 2022 for a new Single Family
Residence, which did not propose any encroachments at that time. Revised plans were resubmitted in
September 2024 that included proposed encroachments of a retaining wall, consisting of two pressure -
treated boards with I -beams located outside the sewer easement and a small diameter drainpipe behind
the retaining wall within the easement.
The Senior Engineer overseeing Development Services reviewed the proposed encroachments and
verified that the impact would be mitigated since the minimum required vertical and horizontal clearances
would be met and noted that the retaining wall may minimize soil erosion on the hillside, which could benefit
the sewer pipe. Therefore, the Senior Engineer is recommending that the Real Property Agreement be
authorized for these proposed encroachments.
November 19, 2024 REEP Committee Meeting Agenda Packet - Page 13 of 73
Page 2 of 4
The existing sanitary sewer easement was established via a Grant of Easement recorded with the 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 November 19, 2024
and recommended
RECOMMENDED BOARD ACTION
Adopt Resolution No. 2024-XXX authorizing (1) execution of a Real Property Agreement for Property
located at 8 Valley Vista Lane, Lafayette, 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
November 19, 2024 REEP Committee Meeting Agenda Packet - Page 14 of 73
Page 3 of 4
Attachment 1
RESOLUTION NO. 2024-
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
APPROVING REAL PROPERTY AGREEMENT
WITH ELSAM CORPORATION, A WYOMING CORPORATION,
DISTRICT PROJECT 3589
PARCEL NO. 4, LAFAYETTE
APN 232-100-007
WHEREAS, it has been requested that a Class 2 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 Central Contra
Costa Sanitary District (Central San) as follows:
THAT Central San hereby approves the Agreement relating to Real Property with Elsam
Corporation, a Wyoming corporation, related to District Project 3589 Parcel No. 4, in
Lafayette; 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 5th day of December 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
November 19, 2024 REEP Committee Meeting Agenda Packet - Page 15 of 73
Page 4 of 4
Central Contra Costa Sanitary District
Resolution No. 2024-
Page 2 of 2
COUNTERSIGNED:
Katie Young, CPMC, CMC
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
November 19, 2024 REEP Committee Meeting Agenda Packet - Page 16 of 73