Ord 0163 05/2009ORDINANCE NO. 163
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
VALLCITO WATER DISTRICT ESTABLISHING AN
EASEMENT POLICY
BE IT ORDAINED by the Board of Directors of the Vallecitos Water District (District) as
follows:
This Ordinance is far the purpose of defining and establishing the policy of the District
with respect to minimum easement requirements generally associated with water and sewer
facilities within the District.
Section 1: General Purpose. This Ordinance defines and establishes the policy of the
District with respect to easement requirements for water and sewer facilities, standard
easement form, general terms and conditions, surface access requirements, joint use of and
encroachment within District easements when allowed.
The District's facilities and easement rights must be protected and preserved against
unauthorized use and any use of the easement must not interfere, hinder, delay or obstruct
the District's safe access ar ability to repair, construct, reconstruct, install, maintain, inspect,
replace, relocate or operate its facilities.
Section 2: District Determination. The District shall have the sale discretion to
determine the following:
2.1. Whether a proposed extension or enlargement of water and/or sewer facilities
(facility) will be permitted.
2.2. Whether the proposed facility will be constructed in the public right of way or
within a District easement.
2.3. In the event the District determines that the proposed facility is to be
constructed within a District easement, the easement shall be in compliance with all
conditions of this Ordinance.
Section 3: Easement Form and Minimum Width. The District has adopted a standard
easement document that shall be used for the conveyance of all easements to the District for
existing or new facilities. This form is attached to the Ordinance as Exhibit "A". The General
Manager, at his sole discretion, may make minor changes to the standard easement form
without modification of this Ordinance.
3.1 Minimum Easement Width. The minimum easement width steal! be twenty-
feet (20'} with the existing or proposed facilities generally located within the center of
the proposed easement. If water and sewer facilities are to be co-located within the
easement they shall be separated in accordance with the applicable design standards,
but in no case shall either facility be within five feet of the edge of the easement. At
the sole discretion of the District, and relative to project specific circumstances,
additional easement width, or ingress/egress easements may be required.
Ordinance No. 163 Page 2
Easements shall be wholly contained or completely within one property. Easements
which are parallel to property lines shall not be split between properties.
The attached Exhibit "B" depicts the general location of facilities, gates, access road
location and surface material within the easement.
Section 4: Easement Acceptance Method. The District shall have the sole discretion in
determining acceptance of the easement on a standard District easement document or
acceptance on a Subdivision Map.
4.1 Standard Easement Document Conveyance. The following items shall be
provided for all easements conveyed on the standard District easement document:
4.1.1 Title Report. A current Title Report issued by a California Land Title
Company for the property the easement is to be located within. Documentation
referenced in the Title Report shall be provided upon request by District staff.
4.1.2 Legal Description. A metes and bounds legal description with all
supporting calculations and maps shall be provided for the proposed easement.
The legal description shall be signed and stamped by a Civil Engineer or Land
Surveyor licensed to perform land surveying in the State of California.
4.1.3 Plat Map. A plat map depicting the easement with adequate information
to clearly identify and locate the easement shall be provided. The plat map
shall be signed and stamped by a Civil Engineer or Land Surveyor licensed to
perform land surveying in the State of California.
4.1.4 Subordination Agreements. Subordination agreements may be
required at the sole discretion of the District.
4.2 Subdivision Map Easement Conveyance. Items 4.1.1, and 4.1.4 above, and
the information contained in items 4.12 and 4.13 above shall be provided and shown
for all easements, approved by the District, to be conveyed on a Subdivision Map:
4.2.1 Certificate of Acceptance. The title sheet of the Subdivision Map shall
include a Certificate of Acceptance and notary acknowledgment of District
acceptance of the easement on the Subdivision Map. The Certificate of
Acceptance shall include reference, by number, of this Ordinance that
acceptance on the Subdivision Map conveys all rights associated with the
District's standard easement form and is not a general utility easement shared
with other public agencies or public utilities.
Section 5: Adjacent/Overlapping Easements. The District finds and determines that
easements, conveyed adjacent to and parallel with District easements, to be utilized by other
public agencies, public utilities and owners of adjacent or underlying property may be
compatible under certain conditions and subject to certain conditions.
Ordinance No. 163 Page 3
The District may, at its sole discretion and with conditions, allow parallel easements to
partially overlap existing and proposed District easements; however, no facilities may
encroach within the Districts easement or in any way interfere with the Districts right to utilize
or maintain facilities within its easement in accordance with this Ordinance and the specific
easement. See Section 8 regarding Encroachment PermitsJJoint Use Agreements
Section 6: Easement Encumbrances. Easements shall be conveyed free of cost to the
District and clear of any liens or encumbrances that may limit or prevent full use by the
District in accordance with this Ordinance and the rights conveyed by the easement.
Section 7: Easement Surface Access. Minimum access road requirements for District
vehicles along and over all easements shall be provided in accordance with the following
general criteria and shall be accessible at all times by the District for inspection, maintenance
and required repairs. Access road location and easement width shall be in accordance with
Section 3 of this Ordinance.
7.1 i'Vlinimum Access Requirement. Access roads shall be a minimum 12-foot
wide disintegrated granite surface with the structural section determined and
recommended by the project geotechnical engineer and site specific geotechnical
report. Disintegrated granite surfaces may be lased when slopes are less than 15%.
7.2 Additional Requirements. Project specific design requirements and conditions
far access roads may be required and, at the sole discretion of the District, alternate
surfaces such as concrete or asphalt pavement may be required.
7.3 ®ther. Access roads and surfaces within District easements are subject to
loads of up to 40,000 Ibs and all roads and surfaces shall be designed to
accommodate this load. Adequate surface and underground drainage facilities and
adjacent grading shall be designed and constructed to ensure safe access at all times
and reduce potential erosion of the access road.
Easements located on residential lots may be exempted, at the sole discretion of the
District, from the minimum access road requirements if the District has reasonable access to
facilities such as manholes, valves, blow-offs, etc. In which case, surface use of the
easement shall be in accordance with all provisions of this Ordinance.
Section 8: Encroachment/Joint Use. The District finds and determines that certain uses
by other public agencies, public utilities and owners of adjacent or underlying property may
be compatible under certain conditions and subject to certain conditions.
Encroachments or Joint Uses shall only be allowed upon review and determination, at
the sole discretion of the District, that the proposed encroachment or joint use will not
interfere with the safe access or operation and maintenance of the District's facilities. An
Encroachment Permit or Joint Use Agreement will be required in accordance with the
applicable District Ordinance and policy.
Ordinance No. 163 Page 4
An encroachment means a physical occupation in, over, across, under, or upon the
District easement.
A joint use means an agreement between the District and one or more public agency
or public utility for use of the District's easement for access, or installation of facilities,
including but not limited to cables, electric or gas utilities, trails, etc
Section 9: Prohibited Uses. Prohibited uses include but are not limited to the following:
9.1 Telecommunication towers or antennas
9.2 Any above ground or below ground structure that restricts access to the
easement or facility and is incompatible with and detrimental to the District's
operation and maintenance of the facility.
9.3 Private entrance facilities, such as guard facilities for gated communities
9.4 Trees, fruit trees, etc.
9.5 Swimming pools or ponds, spas or hot tubs or similar structures
9.6 Utility pole anchors
9.7 Any other facility deemed, by the District, to be detrimental or interfere with the
safe access, maintenance and operation of the facilities within the easement.
Section 10: Allowable uses with Permit. The District finds and determines that certain
uses by the owners of the underlying property may be compatible, at the Districts sale
discretion, under certain conditions and subject to certain conditions. Examples of allowable
uses are:
10.1 General landscaping including vegetable gardens, lawns, ground cover, and
bushes and shrubs no taller then 36-inches, but no trees.
10.2 Low voltage decorative lighting
10.3 Irrigation lines and conduits for electrical and low voltage power for the benefit
of and use on the property
10.4 Playground equipment that is not installed or secured with concrete or other
permanent method and can be easily and quickly removed
Section 11: Administrative Costs and Deposits. Applicant shall deposit estimated
District administrative charges for the preparation and review of each easement document.
Additional deposit amounts may be required to complete the easement review process and
balances shall be due and payable prior to Board approval of the project or acceptance of the
easement.
11.1 Review ®eposit. Per Easement $250.00
The above amounts apply to easements to be reviewed with development projects and
will be included within the project review costs to be deposited.
Deposit amounts are subject to annual review and modification at the discretion of the
General Manager without modification of this Ordinance.
Requested by and when
recorded, mail to the:
aBlecitos Water istrict
201 i/allecitos de r
a arcos, 9206
(No Recording fee per Government Code 6103)
Documentary Transfer Tax $ -0- (Space above for Recorder's Use)
A.P.N.
GRANT GF RIGHT-OF-WAY
as Grantor, for and in consideration of the
sum of One Dollar and other valuable consideration paid by VALLECITOS WATER
DISTRICT, as Grantee, receipt whereof is hereby acknowledged, does hereby grant to
said VALLECITOS WATER DISTRICT, its successors and assigns, a right-of-way
easement feet in width in, upon, over, under and across the lands hereinafter
described. Together with the right to erect, construct, reconstruct, replace, repair,
maintain and use a pipeline or pipelines for any and all purposes, together with their
necessary fixtures and appurtenances including but not limited to conduits, cables, poles
and antennas for power transmission and communication purposes, at such locations and
elevations, upon, along, over and under the hereinafter described right-of-way as Grantee
may now or hereafter deem convenient and necessary from time to time, together with the
right of unobstructed ingress and egress to and along said right-of-way by a practical route
or routes in, upon, over and across the hereinafter lands, together with the right to clear
and keep said right-of-way clear from buildings, structures, improvements and
landscaping, trees, and fences of any type.
The lands in which said easement of right-of-way is hereby granted are situated in
the County of San Diego, State of California, and particularly described as follows:
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The -foot-wide easement of right-of-way in the aforesaid lands is more
particularly described on the attached Exhibit "A" and shown on the attached Exhibit "13"
Fiat Map.
Grantor and their successors and assigns shall not erect or construct, or permit to
be erected or constructed, any buildings, fences, or other structures, including patios,
swimming pools or spas (above and below ground), or concrete or asphalt paved roads, or
utilities of any type, or trees, or wells within the limits of said right-of-way, without prior
written consent and issuance of an encroachment permit by the Grantee.
Grantee shall have the right to use any existing gates and install and maintain new
gates in all fences which now cross or hereafter cross said route or routes, and to trim and
cut and clear away any trees and brush within the easement or encroaching within the
easement, whenever in its judgment the same shall be necessary for the convenient and
safe exercise of the rights hereby granted.
Grantor agrees that no other easement shall be granted on, under or over said
easement by Grantor, without the prior written consent of the Grantee.
Grantee shall have the right to transfer and assign this easement in whole or in part.
It is understood and agreed by the parties hereto that the Grantor and their
successors or assigns, shall not increase or decrease, or permit to be increased or
decreased, the existing ground elevations of the above described right-of-way, existing at
the time this document is executed or after the construction of District water and sewer
facilities without the prior written consent of the Grantee.
It is also understood and agreed by the parties hereto that the Grantee shall have
the right to make any and all excavations, and the right to alter the existing ground
elevations within the easement right-of-way, now and in the future as may be deemed
necessary for the convenient operation, maintenance and repair or replacement of the
improvements, and within the lands of the Grantor adjoining said easement right-of-way,
together with the use thereof, as may be necessary for the initial construction of the
improvements.
Together with the right and privilege to spill water in natural channels which cross
said lands adjacent to the easement right-of-way.
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In Witness Whereof, the Grantor executed this day of , 2009.
iLGRANT®R74
Company: Company:
Name*:
Title:
Signature:
Name*:
Title:
Signature:
* Name of Authorized Representative of Developer.
Acknowledgment of the signature(s) executing this Easement Document, by a Notary
Public, is required. Attach acknowledgment to this page.
{Seal if Corporation}
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated
from (Grantor's Name}, to the VALLECITOS WATER DISTRICT, a
political corporation and/or a governmental agency, is hereby accepted by the undersigned
officer of the Board of Directors of the VALLECITOS WATER DISTRICT pursuant to
Resolution No. 1110, adopted on May 17, 2000, and Ordinance No. adopted on
April, 2009, and the Grantee consents to the recording thereof by its duly authorized
officer.
By:
William W. Rucker, Secretary
Board of Directors
Vallecitos Water District
201 Vallecitos de Oro
Date: , 2009
3
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Final draft 4!2/09
San Marcos, CA 92069
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Ordinance No. 163 Page 5
Section 12: Public Notice.
This Ordinance shall become effective immediately upon passage.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Vallecitos
Water District at a Regular meeting this 27t" day of May, 2009, by the following roll call vote:
AYES: FERGUSON, GENTRY, POLTL, SHELL, HANNAH
NOES:
ABSTAIN:
ABSENT:
ATTEST:
_, ~ ~
.~,~ ,
William W. Rucker, Secretary
Board of Directors
Vallecitos Water District