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HomeMy WebLinkAboutMINUTES - 05052009 - C.7RECOMMENDATION(S): APPROVE the License Agreement (Agreement) dated August 27, 2007 between Eunice Shinok Kim and Contra Costa County Flood Control and Water Conservation District (District) for the use of a portion of the District’s Right of Way along Grayson Creek and behind 5844 Pacheco Boulevard, Pacheco (Property). AUTHORIZE the Chief Engineer, or designee, to execute said Agreement. DIRECT the Real Property Division to cause said Agreement to be delivered to Eunice Shinok Kim. FISCAL IMPACT: The District will continue to receive a minimum fee of $4,500 annually from Eunice Shinok Kim for the use of the District’s property. The District can increase the annual fee by giving Eunice Shinok Kim a thirty day written notice of the increase in fee. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 05/05/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Carla Peccianti, 313-2222 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: May 5, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: C. 7 To:Contra Costa County Flood Control District Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:May 5, 2009 Contra Costa County Subject:License Agreement with Eunice Shinok Kim, Pacheco area. FCZ 3B Fund #252000 / Org #7520 BACKGROUND: The size, shape, location and topography of the Property does not provide enough land for Eunice Shinok Kim, property owner to comply with all the terms and conditions of Land Use Permit LP97-2031. In order to comply with the terms and conditions of LP97-2031, Eunice Shinok Kim agreed to enter into an Agreement with the District for use of a portion of the District’s property, commonly known as Grayson Creek that is directly behind the Property. The Agreement does not have a specific termination date, but the District has the right to terminate or revoked the Agreement anytime upon thirty days written notice to Eunice Shinok Kim. Under the terms and conditions of the LP97-2031 and the Agreement Eunice Shinok Kim is to eliminate all day parking behind the Property, use a portion of the District’s property for ingress and egress of delivery vehicles and removal of garbage, and post “No Parking” and “No Trespassing” signs. The placement of garbage dumpsters are not allowed on the District’s property. She will have to pave a portion of the District’s driveway with asphalt to prevent gravel on the District’s property, extend her concrete driveway, and to construct a gate at the southwest corner to prevent vehicular traffic on the District’s maintenance road south of the agreement area. The Agreement was originally entered into on August 27, 2007 and signed by Euince Shinok Kim on August 30, 2007 and by the District on October 2, 2007. The Agreement required approval of the County Board of Supervisors. A Notice of Exemption was filed on August 26, 1997 under LP 97-2031. CONSEQUENCE OF NEGATIVE ACTION: Euince Shinok Kim will not be in compliance with Contra Costa County’s Land Use Permit 97-2031. ATTACHMENTS License Agreement