HomeMy WebLinkAbout1978-02-21; City Council; 5345; Sewer through private eastment-.
L
w. CITY OF CARLSBAD
AGENDA BILL NO. xTd#x
DATE : Februarv 21. 197 9
Initial
Dept. Hd
C. Atty
DEPARTMENT: Enai neeri na C. Mgr. C.&'&?
Subject :
SEWER THROUGH PRIVATE EASEF?E?lT - 21 72 CHESTYUT AVEFlUE
Statement of the Matter
Charles and Jacqueline Shafer have requested City Council grant permission to sewer an existing residence near C5estnut Avenue through a private sewer ease- ment. 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 repairs to the system be made. The Shafers have a utility easement through adjacent property to the existing public sewer in Chestnut Avenue. City Council Policy Statement, adopted January 7, 1958, requires that the applicant enter into an agreement with the City concerning his share of future sewer costs.
Emeraency connections like this case would be greatly expedited if the City Council would delegate administration of the private sewer easement policy to the City Engineer. The public would be served more efficiently and staff paper work would be greatly reduced. Nonroutine or potentially controversial private sewer easement connections would be referred to the City Council at the dis- cretion of the City Engineer. .
Exhi bi ts :
1. Memo from City Enrlineer dated February 14, 1978. 2. .4ppl icant's letter requestinrl aporoval of private sewer easement. 3. Agreement with Charles and Jacquel-ine Shafer regarding future sewer costs. 4. Vicinity Map.
5. Official Notice from the County of San Diego Department of Public Health. 6. Private sewer easement Dolicy adopted January 7, 1958. 7. Proposed Council Policy Statement.
Recommendations:
.I
If Council concurs: 1) Adopt a motion authorizing connection of the existing res4dence to the Chestnut Avenue sewer through a private easement; and
Mr. and Mrs. Shafer regarding future costs of constructingda public sewer to serve the residence: and
1958; and
2) Direct the City Yanager to enter into an agreement with
3) qescind the Council Policy Statement adopted January 7,
4) Adopt proposed Council Pol icy Statement.
Council action
2-21-78 Council concurred with recommendation #1 and #2, and stated their intention to discuss recommendation #3 and #4 at a later date.
MEMORANDUM - February 14, 1978
TO: City Manager
FROM: City Engineer
SUBJECT: Private Sewer Easement for 21 72 Chestnut Avenue
Mr. and Mrs. Shafer have requested Council approval of a private sewer ease- ment to serve their residence at 2172 Chestnut Avenue. As reported by the County Health Department, the existing septic system has failed and the residence must be connected to the public sewer or the system must be repaired.
Repair of the system, in essence, would be to construct another septic drain field on the property at a cost of approximately $2,500. "land locked", sewer service must be provided by private easement. I recom- mend the request be granted provided Mr. and Mrs. Shafer enter into an agreement regarding future sewer construction costs.
Since this lot is
This case, as well as many in the past, is fairly routine. They are almost always approved by Council as Consent Calendar items. To expedite the process and to serve the public more efficiently, I recommend that City Council delegate the administration of the private sewer easement policy to the City Engineer. Any nonroutine or potentially controversial private sewer easement connections would still be referred to the City Council for consideration.
This is particularly important in cases of failed septic systems. approximately three weeks to secure Council approval. The Health Department requires the property owner to begin repairs immediately and complete the work within 30 days. Due to the delay in securing Council approval , the property owner is hard pressed to meet the 30-day limit.
It takes
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RECORDING REQUESTED BY AND )
CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008
NHEN RECORDED MAIL TO: 1
)
) 1 )
Space above this line for Recorder's Use
Documentary transfer tax: .$ No fee
Signature of declarant determining tax- firm name
City of Carlsbad
Parcel No. 167-070-07
A G R E E M E N T
PARTIES: The parties to this agreement are the CITY OF CARLSBAD, a municipal
corporation of the State of California, hereinafter referred to as City, and
Charles R. SHAFER and Jacqueline SHAFER, hereinafter jointly referred to as Shafer.
RECITALS: This agreement is made with reference to the following fa-cts:
1. Shafer owns certain real property located in the City of Carlsbad, County
of San Diego, State of California, commonly known as 2172 Chestnut Avenue.
property is not presently connected to a sanitary sewer system, but is sewered by
on-site septic tank procedures.
Said
2.
3.
There is no sanitary sewer in public right-of-way adjacent to said property.
Shafer has obtained a private sewer easement by which he will be able to
sewer his property into a sanitary sewer located in Chestnut Avenue.
4. Private sewer easements in the City of Carlsbad must be approved by the
City prior to construction.
COVENANTS: NOW, therefore, it is mutually agreed between the parties hereto as
fol1 ows :
1. City grants to Shafer authority to construct a private sewer lateral con-
necting his said property into the sanitary sewer in Chestnut Avenue.
2. Shafer shall pay to City a sewer front line charge in the amount of
Five Hundred Eighty Dollars ($580.00) to be deposited in the City Sewer Revolving
Fund.
3. In the event a sanitary sewer is constructed in future street right-of-way
to serve the subject property, Shafer shall make any additional payment 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. Shafer shall be responsible for all repairs and maintenance of his said
sewer lateral which is located on private property.
Dated:
CITY OF CARLSBAD
BY PAUL D. BUSSEY CITY t4ANAGER
CHARLES R. SHAFER
JACQUELINE SHAFER
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 1 ss
On 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 corporation 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 -2-
d.-- , v,
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ) ss
On , before me, the undersigned, a Notary Public in and for said State, personally appeared Charles R. Shafer and Jacqueline Shafer, known to me to be the persons whose names are subscribed to the foregoing instru-. ment and acknowledged that they executed the same.
WITNESS my hand and official seal.
(SEAL) Notary Pub1 ic
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by ......... of the County of San Diego Department of Pcblic Health. The Sanitarian
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Received By: :
.. s . COUNTY OF SAN DIEGO DEPARTMENT OF PUBLIC IIEALTH
1600 PACIFIC HWY., SAN DIEGO. CA 92101
RIONE 236.2243
SAN 41 12-73] 20M
2. i'nder cert~;:~ cdverse canditla?s, if there is a threat to the health and we3-
fnre oLr *? property or pro;)erties clu~ to a fnilurc- of n private subsurfsce
dispos..l facility, the City Council will considcr the grmting of special
pni-xizsioa. to obtain se::zi- service through J privztz CaSeizento
e
3. k'hen consideration is given fQY a special sewer connection, tho follorJinZ
items shall be reviewed and agreed upon:
a. Thc City Health Officer shall make an inspection of the premises and recamend tlint : 8
(1) Mepairs be made.
(2) Additional private facilities b2 constructed, or
(3) A sewer connection be allowed,
b, The City Engineer will deterniine whether or not a connection to an
A.
adjacent ?c;:lic sewer, if one is available, is feasible.
co The propertji owner sh,qll have made honest effort to €om a 1ocsL
improvcn:eijt district or o'ltain funds for a smer main extension.
> <?--- d, The property omzr shall enter into an agresient wi\h the City of
Carlsbsd to zxkc payment of the nccsssary f'Lf~e~~~t3 fee and "Capital
Contribution Charge1' fee as set forth in Ordinance %7020- In addition ,
structcd in the street on which the subject property abuts, tho, property
mer sh211 mke any additions1 payrrent in cn a?uount equivalent to
adjoining propzrtics, or if a 1911 Act Lqxovexent District is forzed,
the noacys paid into the City '*Sever 3evolving Fund" shall be refunded
and t'ie property will bc assessed its full share of the cost of im-
prover;cr.t.
The nzrcemnt cntcred into by tke property ormer 2nd thz City shall
be r?ppurtenant to tk prolJ,erty and s'nail be recorded with the County
itecord cr
'the agreanent shall stipulate that in event a sanitary sewer is con- .
e.
Approved by the City Coilhcil Jmuary 7, 1953 %
I.
CITY OF CAR, SAD Policy No.
Date Issued:
E;fective Date:
COUNCIL POLICY STATEMENT
General Subject: PRIV.4TE SEWER EASEMENTS
Cancellation Date:
Supersedes No.
Specific Subject: Provision of Sewer Service Through - Adjacent Property via Private Sewer Easement
COP ies to: City Council , City Manager, City Attorney, Department and Division' Heads, Employee Bulletin Boards; Press, File
PURPOSF: To establish a policy to allow the use of private sewer easements under certain conditions subject to the approval of the City Engineer.
STATEMENT OF POLICY:
The use of a private sewer easement may be authorized by the City Engineer under the following conditions:
1) If connection to the public sewer is required due to a fai'ling septic system, as evidenced by a report to that effect by the City Health Officer,-a private sewer easement may be permitted. private sewer easement, the City Engineer may require the property owner to enter into an agreement to.provide for future public sewer main extensions to serve the subject property.. As a part of such agreement, tire City Engineer may require a cash contribution from the property owner to provide such future extensions.
2) . If, due to topographic conditions or other constraints, the City Engineer determines that the use of a private sewer easement is acceptable as a permanent facility. In
such a case, the private easement may not cross more than one adjacent property and may not exceed a length of 300 feet.
.
If appropriate, before authorizing use of such a