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Home My WebLink About1978-03-21; City Council; 5375; Sewer through private eastment.. I. L > .\ 4 CITY OF CARLSBAD AGENDA BILL NO, ' ,qs 7s DATE : March 21 , 1978 DEPARTMENT : Sub] ect : En 9 i nee r i n 9 SEWER THROUGH PRIVATE EASEMENT*- 6798 PASEO DEL NORTE , Statement of the Matter 4 Charles and Alice Kramer have requested City Council to grant permission to sewer an existing residence near Fuchsia Lane 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 pub- I ic sewer or repairs to the system be made. The Kramers have a uti I ity easement through adjacent property to the existing public sewer in Fuchsia Lane. City Collncil Policy Statement, adopted January 7, 1958, requires that the applicant enter into an agreement with the City concerning his share of future sewer costs. ... - .I Exhi bits b I. Memo from City Engineer dated March IO, 1978. 2. App I icant's letter.'requesti ng approva I of private 'sewer easement. . 3. Official Notice from County of San Diego Department of Public Health. 4. Agreement with Applicant regarding future sewer costs. 5. Vicinity Map. Recommendat ion If City Council concurs: (1) Adopt a motion authorizing connection of the existing residence to the Fuchsia-Lane se.wer through a private easement; and (2) Di rect the City Manager to enter 'into an agree- ment with Dr. and Mrs. Kramer regarding future costs of constructing a public sewer to serve the residence. 'm . Council action -4 3-21-78 Authorization was given for the connection of the existing residence 'to the Fuchsia Lane Sewer through a private easement; and the City Manager was directed to enter into an agreement with Dr. and Mrs. Krarner regarding future costs of constructing a public sewer to serve the residence. DATE : Ma SUBJECT: Pr Dr. and Mrs. MEMORANDUM TO : City Manager FROM : City Engineer ch IO, 1978 vate Sewer Easement for 6798 Paseo del Norte Kramer have requested Council's approval of a private sewer easement to serve their residence at 6798 Paseo del Norte. 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. this lot is "land locked", sewer service must be provided by private easement. 1 recommend the request be granted provided Dr. and Mrs. Kramer enter into an agreement regarding future sewer construction costs. Since City Engineer L/ TCF:FNL:veb -. 6798 El Paseo Del Norte Carlsbad, California 92008 March 2, 1978 City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Re: Request to sewer existing residence at 6798 El Paseo Del Norte, Carlsbad, California through private sewer easement. Gentlemen: Our home is located at 6798 El Paseo Del Norte, Carlsbad, California. It has been serviced by a septic system since construction. This system has been marginally effective of late and is leaking sewage as set forth in the County of San Diego Department of Public Health Official Notice dated March 1, 1978 attached hereto. The Official Notice provides that connection concerning the referenced residence be made to sewer system within thirty (30) days from March 1, 1978 (date of Official Notice). We are prepared to effect a sewer connection on adjacent property (Fuchsia Lane) pursuant to pro- visions of Easement Deed dated February 28, 1978, photo- copy attached hereto. Original of said Easement Deed was forwarded for recording by the San Diego County Recorder on March 1, 1978. Upon recording, a photocopy of the Easement Deed with recording data thereon will be filed with the City of Carlsbad. We have made arrange- ments with a plumbing contractor to do the necessary connection work. We request that the City of Carlsbad grant the necessary approvals to allow us to proceed with the sewer connection. Because of the time limit referred to above we would appreciate that action be taken on our request as quickly as possible. RE’CEIVED “F” 1 ALICE M. KRAMER I CITY OF CARLSBAD Engineering Department .,a . *' .- OFFICIAL NOTICE Sheet ......./.... of ........../... Sheets Reinspect on or about I 1 Establishment Number ........................... Date ..... ............ .... ........................ ........................ ................................................. .............. rrnittee. Agent, Tenant ......................................... ..... .......... &. ................................... city ........ (- w /LA 5 ..a ................................. .................. .............. ..................... located e Name 3 k&.*ri...~ Last Address 6798 P ....A..%EZ! You are hereby notified that an inspection of your First fe, Apt ....... ............................................................................... .&- d.d pe c&.&!z?.$ (bncorporated) was made onad.?x citv Date of the County of San Diego Department of Public Health. The following described condition(s) is/are in violation of ... SI ..* ,D*Tq ...... .../........ ........................ r.. 44 .-..... ............. ~~6; ... #.. ..................................... and sha I I be corrected within ....... 50.. days: .................. .............. d>A.lL;$M.A ......... u. * 5p.L rk fd+ 9 & IfpLpe Y 3 e&*CI 4 :+44.d h.. +p?u..d e.& .: ............... 7G.h ...... is .......... #%. ............ 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SAN DIEGO, CA 92101 PHONE 236-2243 \% SAN 41 (2-73) 20M 1 - . ..\- .*I - RECORDING REQUESTED BY t J WHEN RECORDED MAIL TO: 1 1 CITY OF CARLSBAD 1 1200 Elm Avenue Carlsbad, California 92008 c Space above this I ine for Recorder's use Documentary transfer tax: Signature of dec I arant deteni n i ng tax- f i rm name City of Carlsbad $ no fee Parce I No. 2 14- 140- I2 AGREEMENT 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 J. KRAMER and ALICE M. KRAMER, hereinafter jointly referred to as Applicant. RECITALS: This agreement is made with reference to the following facts: 1. Appl icant owns certain real property located in the City of Carlsbad, County ~ of San Diego, State of California, commonly known as 6798 Paseo del Norte: 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 public right-of-way adjacent to said property. 3. Applicant has obtained a private sewer easement by which they will be able to sewer their property into a sanitary sewer located in Fuchsia Lane. 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 fol lows: 1. City grants to Applicant authority to construct a private sewer lateral connecting their said property into the sanitary sewer in Fuchsia Lane. 2. Applicant shall pay to City a sewer front line charge in the amount of Nine Hundred Dollars ($900.00) 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, Applicant 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. Applicant shall be responsible for all repairs and maintenance of their said sewer lateral which is located on private property. ;; iik ,<'/A- // Dated : "'/,-. . / CITY OF CARLSBAD 1 BY PAUL D. WSSEY, City Manager STATE OF CALIFORNIA 1 1 COUNTY OF SAN DIEGO 1 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. Notary Pub1 ic -2- , t- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. On March 13, 1978, before me, the undersigned, a Notary Public in and for said State, personally appeared CHARLES J. KFW4ER and ALICE M. KRAMER, known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same, WITNESS my hand and official seal, OFFICIAL SEAL DONALD W. LYNCH NOTARY PUBLIC CALIFORRfA PRINCIPAL OFFtCE IN S*N OlEGO COIlNW My Commission Expires April 23, 1978 -. 3- l- 2. Ql 3 \