The URL can be used to link to this page

Home My WebLink About1977-08-06; City Council; 5160; Sewer Through private easementCITY OF CARLSBAU a__- I Subject: SEWER THROUGH PRIVATE EASEMENT ' 3955 Holly Brae Lane - -- - Statement of the Matter ---I_^- Dr. J. Patrick Hughes has requested that City Council grant per- mission to sewer an existing residence on Holly Brae Lane through a private sewer easement. The residence is currently served by a failing septic system. The County Health Department has ordered the residence to be connected to a public sewer or the residence to be vacated by August 29, 1977. Dr. Hughes has acquired a 10' private sewer easement through adjacent property to the existing public sewer in Skyline Drive. Sewering to Skyline will require pumping due to difference in elevation between the residence and the public sewer. City Council Policy Statement, adopted January 7, 1958, requires that the applicant enter into an agreement with the City concern- ing his share of future sewer costs on Skyline Drive. Exhibits 1. Applicant's letter requesting approval of private sewer ease- ment. 2. Agreement with Dr. Hughes regarding future sewer costs. 3. Vicinity Map. 4. Official Notice from the County of San Diego Department of Public Health, dated July 29, 1977, notifying Dr. Hughes of the failing septic system on his property. Recommendation 1. That City Council adopt a motion authorizing Dr. Hughes to connect to the Skyline Drive sewer through a private ease- ment; and 2. That City Council direct the City Manager to enter into an agreement with Dr. Hughes regarding his share of costs for a future Holly Brae Lane sewer. (See over for Council action) AGENDA BILL NO. 5160 8-16-77 Authorization was given for Dr. Hughes to connect to the Skyline Drive sewer through a private easement; and the City Manager was directed to enter into an agreement with Dr. Hughes regarding his share of costs for a future Holly Brae Lane sewer. To the City of Carlsbadr Ny home at 3955 Hollybrae Lane, Carlsbad, has been operating on a septic system since it was built seven or eight years ago by the previous owner, This system has been marginally effective for some years and is now failing and leaking sewage onto the property below mine. The Department of Public Health has ordered me to tie into city sewer within thirty days (from 7-29-77) on an emergency basis ( see enclosed copy of "official notice" ), I am prepared tu effect a sewer connection to Skyline via an easement granted me by Neil Joebchen, 3948 Skyxime ( see enclosed copy "recorded easement" ) and the work has been bid and can be com- pleted pendinFt the necessary city approvals. Halarally, I had hoped that gravity sewer would become available to me before the problem escalated to the point that has now forced me into this less desirable solution, As I am under the constraints of the thirty day time limit, I would appreciate this matter being handled as quickly as possible. - Sincerely, -3. Patrick Hugh&, M.D. 3955 Hollybrae Lane Carlsbad, Calif. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 Space above this line for Recorder's use Documentary transfer tax: $ No fee Signature of declarant determining tax- firm name City of Carlsbad Parcel No. 207-180-06 AGREEMENT PARTIES : The parties to this agreement are the CITY OF CARLS- BAD, a municipal corporation of the State of California, hereinafter re- ferred to as City, and JAMES P. HUGHES and MARSHA M. HUGHES, hereinafter jointly referred to as Hughes. RECITALS : This agreement is made with reference to the follow- ing facts: 1. Hughes owns certain real property located in the City of Carlsbad, County of San Diego, State of California, commonly known as 3955 Holly Brae Lane. Said property is not presently connected to a sanitary sewer system, but is sewered by on-site septic tank procedures. 2. There is no sanitary sewer in Holly Brae Lane in front of said property. 3, Hughes has obtained a private sewer easement by which they will be able to sewer their property into a sanitary sewer located in Skyline Drive. 4. Private sewer easements in the City of Carlsbad must be ap- proved by the City prior to construction. COVENANTS: Now, therefore, it is mutually agreed between the parties hereto as follows: 1. City grants to Hughes authority to construct a private sewer lateral connecting their said property into the sanitary sewer in Skyline Drive. 2. Hughes shall pay to City a sewer front line charge in the amount of Two Hundred Twenty One and 12/100 Dollars ($221.12) to be deposited in the City Sewer Revolving Fund. 3. In the event a sanitary sewer is constructed in the street on which the subject property abuts, Hughes shall make any additional pay- ment in an amount equivalent to adjoining properties, or if a.1911 Act Improvement District is formed, the moneys paid into the City Sewer Revolving Fund shall be refunded and the property will be assessed its full share of the cost,of improvement. 4. Hughes shall be responsible for a11 repairs and maintenance of their said sewer lateral which is located on private property. Dated: CITY OF CARLSBAD JAMES. P. HUGHES By : MARSHA M. HUGHES PAUL D, BUSSEY, City Manager STATE OF CALIFORNIA ). COUNTY OF SAN DIEGO ) ) ss. On , 1977, before me, the undersigned, a Notary Public in and for said State, personally appeared PAUL D. BUSSEY, known to me to be the City Manager of the City of Carlsbad, a municipal cor- poration of the State of California, known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. WITNESS my hand and official seal. (SEAL) Notary Public STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 1 ss. On , 1977, before me, the undersigned, a Notary Public in and for said State, personally appeared JAMES P. HUGHES and - -- MARSHA M. HUGHES, known to me to be the persons whose names are sub- . scribed to the within instrument and acknowledged that they executed the same. .d \ WITNESS my hand and official seal. (SEAL) Notary Public 2 0' .. . ..i ; * . ;.J ,.$I Q :,:.j :-,...!..i i b First You are hereby notified that A-3 - - OFFICIAL NOTICE Sheet of I Sheets I I 8-29-77 Reinspect on or about - . Establishment Number ......................... De te ........ .?.-..2.?.-.7.7 ............................... % hG .: .......................... ........................................................................................... Owrwr. Rrminee. Agent, Tenant Last I .B/Cp.. Ih ..., c it y .&Lt,,k.J. ....... ................................................................. I an inspection of your ....... ... .. ab,: .................................. at us. c ItV Date Address 07 Viol~t~on by KIf7..h~\licl4... .. .... of the County of San Diego Department of Public Health. The sd~!,~;lr#:l,> fofiqming described conditionis) is/'are in violation of &!$k .... &*bpi ..... &...f .... t .... &...b ..... L\ ..& ..... %!i 6&..311 &?!.L ... .f...6?:.!@ .... and shall be corrected with in .... 30 ....... days: Pub c Health Laws /'.- 4 ................................................................................................................................................................................................................................................................ ............................ a*. . .i.hA.+ Qm.. ... .hXciSd.. . .xi.+.. .... :t 0 ..... &&~..-...~,&.&#.d.. ... Gk .... .. ...................................................................................................................................................... L" ............. L.. ...................................................... ". ...,k.... . p4x+ x, .................. ..- HM ...a,. ....... s irw.. a .... 4k ... h... L .... ........................................................................................................... ........... .... ......... .... .... a .... ........ .... -It>. I>"...p"tUI..Q...w 4