District lines shall be extended at the request of a property
owner upon payment by the property owner of the full cost thereof.
The Board shall determine the cost thereof, and each property owner
fronting or using the extension shall pay the District his or her
proportionate share before the extension is started. If one or more
property owners refuses to pay his or her proportionate share and
another property owner pays that share, the District may enter into
a reimbursement contract, upon such terms as may be established by
the Board, to reimburse the property owner who advanced the funds.
(Res. No. 2020-02, adopted 5/20/20)
The District shall not finance the construction of any lines,
except those set forth in the Districtâs Master Plan. Such construction
is subject to the availability of District funds and other needs of
the District as determined by the Board.
(Res. No. 2020-02, adopted 5/20/20)
Lines and facilities installed by a developer within a subdivision
will be accepted by the District as part of its system provided that
plans for the system are prepared by a licensed engineer and approved
in advance by the District. Before a letter or report will be given
to the Division of Real Estate, the developer must agree in writing
to install such facilities and such agreement must be secured by an
approved surety bond. A developer must grant to the District any easements
that the District requires for the location of proposed water facilities.
(Res. No. 2020-02, adopted 5/20/20)
The District has a master set of specifications for the construction
of lines, services and valves. All facilities that are to become the
property of the District must be installed in accordance with the
Districtâs specifications. A copy of the specifications may
be purchased from the District at a cost in an amount determined by
the District.
(Res. No. 2020-02, adopted 5/20/20)
The District may charge the following fees and deposits in amounts
determined by the District and set forth in Appendix B (Engineering
Fees):
A plan checking fee plus labor costs.
A deposit for inspection of a project of 500 feet or less of
main line pipe shall be made.
A per-foot deposit for pipe to be installed for jobs greater
than 500 feet will be made. The charge for providing a hydraulic analysis
shall be at a cost to the developer plus 15%, with a minimum of $500.00.
An additional deposit is required for each connection to the
existing system.
A plan checking fee shall be charged for parcel maps or miscellaneous
work.
(Res. No. 2020-02, adopted 5/20/20)
Prior to the District submitting a water availability letter
to the Department of Health, the proposed tentative parcel map for
the subdivision or lot split must be submitted to the District for
review, along with the appropriate fee as established by the District.
(Res. No. 2020-02, adopted 5/20/20)
The General Manager of the District is authorized to accept
on behalf of the District any deed or grant conveying any interest
in or easement upon real property to the District for public purposes,
and he or she is authorized to consent to the recordation of any such
deed or grant. (
Government Code Section 27281.)
The General Manager is also authorized to accept on behalf of
the District a final subdivision map. (
Government Code Section 66440.)
When so accepted the following certificate will be included on the
final map:
âSan Dieguito Water District, an irrigation district of
the State of California, pursuant to a duly adopted resolution of
its Board of Directors, hereby accepts the interest in real property
shown and designated on this map as being offered for dedication to
San Dieguito Water District for the public purposes set forth in the
offer to dedicate, and the grantee consents to the recordation thereof.
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SAN DIEGUITO WATER DISTRICT
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By __________
[Name of Board Secretary]
Secretary of Board of Directorsâ
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After acceptance of an easement the General Manager shall submit
a copy of the easement to the Board for acknowledgment and inclusion
in the minutes of the District. If the General Manager, in his or
her sole discretion, determines that it is not in the interest of
the District to accept a deed or grant or to execute a certificate
on a final map, he or she shall not accept the deed or grant or execute
the certificate unless instructed to do so by the Board.
Section 26.7.1. Plan Checking, Inspection &
Hydraulic Analysis Fees. Plan checking, inspection and hydraulic analysis
fees for encroachments, quitclaims and easements shall be charged
in amounts determined by the District and set forth in Appendix B
(Engineering Fees).
(Res. No. 2020-02, adopted 5/20/20)
When notified by county or city of vacation of a street or highway,
the staff shall reply that an easement is required if a pipeline exists
or has been planned to be installed in the street to be vacated.
(Res. No. 2020-02, adopted 5/20/20)
Section 26.9.1. Policy. The District will consider
undefined easements for relinquishment, on a case-by-case basis with
no value assessed. The District will also relinquish defined easements
on a case-by-case basis when in conformance with this policy and in
the best interest of the District. A resolution of the Board of Directors
is required to release an easement.
Section 26.9.2. Definitions. An undefined easement
is generally considered a blanket easement, which covers the entire
parcel. A defined easement is a right-of-way with a given length and
width across a defined portion of a parcel.
Section 26.9.3. Procedure.
(a)Â A processing fee, in an amount established by the District, must
be paid to the District to cover staff time and administrative processing
of the request. The person applying for the quitclaim must submit
proof of property ownership and existence of the District easement,
the legal description of the property, plus the recording date (date,
book and page number of the easement to be released). The following
must then be determined:
(1)Â Future need of easement by the District.
(2)Â Land value of easement appraised by a qualified appraiser.
(3)Â Whether the District or its predecessors purchased the easement and,
if so, at what was the cost.
No value will be assessed to an easement to be quitclaimed if
it meets the following criteria:
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(1)
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The subject easement was acquired at no cost; and
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(2)
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There is not a current or projected need for the easement for
potable or recycled water; or
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(3)
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There is not a requirement to purchase an alternative easement
for a new facility or line; or
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(4)
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There is no other property that is dependent on the easement
proposed for quitclaim for water service now or in the future.
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(b)Â If it is a defined easement and it was purchased by the District
or its predecessors the value of the easement would normally be determined
by one or more of the following methods:
(1)Â Equivalent land sales in the area multiplied by a factor of encumbrance.
Generally, an encumbrance factor of 50% is used due to the limiting
factors of land use placed in the easement document. The wording of
the easement would determine the encumbrance factor.
(2)Â If the District or its predecessors purchase the easement, the actual
cost is escalated to present day cost.
(3)Â An appraisal made by a qualified appraiser. The person requesting
the quitclaim will pay the appraisal cost; however, the District will
determine a list of three qualified appraisers from which the owner
may select one.
Where a water line is known to exist in the easement being released,
the following note in the Quitclaim deed stating that a pipeline is
being abandoned, in place, and show the size if known or âunknown
sizeâ if not known.
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The above described real property being quitclaimed
includes âAC pipe and one fire hydrant lateralâ [description
of facilities] buried below the surface of the ground, which are being
left in place in an âas-isâ condition. Owner of Record
acknowledges that the San Dieguito Water District is conveying all
rights, title and interest to the easement, right-of-way, and abandoned
pipeline to the Owner of Record in an âas-isâ condition.
Owner of Record further acknowledges that the District does not warranty
the condition of the abandoned pipeline nor guarantee its fitness
for any purpose. Owner of Record agrees to defend, indemnify, protect
and hold harmless the San Dieguito Water District, each member of
its Board of Directors, agents, officers and employees from and against
any and all claims asserted or liability established for damages or
injuries to any person or property including bodily injury to Owner
of Recordâs employees arising out of or in any manner directly
or indirectly connected with Owner of Recordâs use of the quitclaimed
easement, right-of-way, and abandoned pipeline, however caused, except
for the sole negligence, willful misconduct or active negligence of
the San Dieguito Water District.
The owner of record shall acknowledge conditions by formal acceptance
and signature.
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When the District leaves a facility in place, in an âas-isâ
condition within an easement, the property owner is notified that
they may request the easement be released.
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(Res. No. 2020-02, adopted 5/20/20)
When an encroachment on a District easement is discovered or
requested, the District will evaluate the potential impact including,
but not limited to, the following factors:
(1)Â Size and depth of the Districtâs water and/or sewer pipeline
within the easement.
(3)Â Number of customers served by the pipeline or facility.
(4)Â Cost of immediate removal of an encroachment versus the Districtâs
need for access.
(5)Â Potential for interference with existing or future facilities and
Districtâs access for maintenance, operation, or replacement.
Any existing encroachment that inhibits the Districtâs
use of its easement, as determined upon evaluation by the District,
shall be removed at the expense of the property owner.
If an encroachment upon the Districtâs easement is to
be permitted, the property owner shall enter into a District standard âConsent
and Agreement Regarding Use of Easementâ document with the District,
which contains such safeguards as deemed necessary and appropriate
to protect the Districtâs access to its facilities within the
easement. The agreement shall be recorded against the ownerâs
property.
A processing fee, in an amount established by the District,
must be paid to the District to cover staff and administrative processing
of the encroachment request. The owner must submit proof of property
ownership and existence of the District easement, the legal description
of the property, plus the recording date (date, book and page number)
of easement at issue.
(Res. No. 2020-02, adopted 5/20/20)
Section 26.11.1. Communication Site License Agreements.
The District shall, from time to time, at its sole discretion, consider
requests from communication providers to enter into communication
site license agreement. All requests shall be accompanied by a deposit
to be determined at the sole discretion of the General Manager. If
a communications site license is to be entered into, it shall be a
District standard âCommunications Site License Agreementâ
document with the District which provides all safeguards as deemed
necessary and appropriate to protect the Districtâs ability
to use its property.
Section 26.11.2. Other Licenses and Permits. The
District may, at its sole discretion, consider other licenses, leases,
or permit requests. All requests shall be accompanied by a deposit
to be determined by the General Manager.
(Res. No. 2020-02, adopted 5/20/20)