COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

June 26, 2003

BOARD MEETING DATE:

July 15, 2003

TO:

Honorable Board of Supervisors

FROM:

Neil R. Cullen, Director of Public Works

SUBJECT:

Agreement to Allow for the Encroachment of a Proposed Retaining Wall into a Sewer and Drainage Easement - Lands of Koo, Emerald Lake Hills, Redwood City Area

Recommendation

1.

Adopt a resolution authorizing the President of the Board to execute an agreement with Richard Koo for the construction of a proposed retaining wall within a sewer/drainage easement (SDE) on Mr. Koo's property.

2.

Direct the Clerk of the Board to record the agreement after execution.

Previous Board Action

Accepted the SDE from Mr. Koo in conjunction with a lot line adjustment.

Key Facts

There are currently no facilities in the SDE and we do not foresee the use of the SDE in the immediate future.

Discussion

Mr. Koo has requested a building permit to construct a new home on his property. A retaining wall is proposed that encroaches into the SDE and is necessary in order to allow construction while protecting four (4) mature oak trees that are also within the SDE.

We are recommending that Mr. Koo enter into an agreement that provides that he, or the successors in interest to the property, will maintain the wall; and will relocate, repair or remove the wall upon notification from the County that the SDE is needed for its intended purposes.

Vision Alignment

We believe our recommendation is consistent with the Shared Commitment to be a "responsive, effective and collaborative government," and Goal Number 14, "important natural resources are preserved and enhanced through environmental stewardship," as the project allows the property owner the use of his property while preserving the trees that are a benefit to the community.

Fiscal Impact

There is no County fiscal obligation associated with your Board authorizing the President to execute the agreement, as the cost of installing and removing the wall is an obligation of the property owner.

A form of resolution and agreement has been approved by County Counsel and Mr. Koo has executed the agreement.