Inter-Departmental Correspondence

Department of Public Works



October 29, 2003


November 18, 2003



Honorable Board of Supervisors


Neil R. Cullen, Director of Public Works


Installation of Landscaping -747 Sylvan Way, Emerald Lake Hills - Mel Casey and Marguerite Nelisse Casey




Adopt a resolution authorizing the President of the Board to execute an agreement with Mel Casey and Marguerite Nelisse Casey to allow the installation of landscaping within the right-of-way fronting 747 Sylvan Way, until that portion of the right-of-way is needed for public purposes.



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


Key Facts


We do not believe that the landscaping(encroachment) is an impediment to the public's use of the road right-of-way at this time.



The proposed agreement provides that the owner will be responsible for maintaining the encroachment and for removing it at their expense if the area is needed for a public purpose.



Mel Casey and Marguerite Nelisse Casey applied for an encroachment permit to install landscaping in the right-of-way as part of the construction of a single-family residence at 747 Sylvan Way. We do not believe that the proposed encroachment is an impediment to the public's use of the existing road. However, we are recommending that an agreement be recorded to make future owners of the property aware that the encroachment is in the public right-of-way and that it is the property owner's responsibility to maintain and remove the encroachment if directed to do so by the County.


Vision Alignment

We believe our recommendation is consistent with Goal Number 20, "government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain," of the Shared Vision Commitment of a "responsive, effective and collaborative government," as the proposed agreement balances the owner's current needs with any future needs of the public for the use of this portion of the public right-of-way.


Fiscal Impact

There is no impact to the General Fund or any other fund of the County by your Board authorizing execution of the proposed agreement.


A proposed form of resolution and agreement has been approved by County Counsel and Mel Casey and Marguerite Nelisse Casey have executed the agreement.