HomeMy WebLinkAbout10 Easement District Property Agenda Item # f '
riPublic " II
Memorandum
To: Board of Directors
From: Neil Kaufman
Date: June 15, 2004
Subject: Possible Grant of Access Easement to Harold Williams et al.
1. Why this matter is before the board:
Board Authorization is required to grant an easement on District property.
2. History:
Harold Williams at al. own the adjacent parcel of land that lies due south of the District's Greenpoint
Springs property at Donner Lake. There are currently two water pipelines, an overhead electrical
pole line and the overhead electrical service to the Greenpoint Pump Station that cross this property.
The exact nature of the existing easements is somewhat unclear. There is a recorded pipeline
easement for the Donner Lake Water Company on the property. However, it is believed that portions
of both of the existing pipelines are not located within the recorded easement. Therefore, the
easements for the existing pipelines are likely prescriptive in nature.
The overhead pole line was constructed by Sierra Pacific and conveyed to the District when the
Donner Lake electrical system was acquired. The District does not have any documentation
regarding this easement. It is believed that a recorded easement is associated with this pole line,
however, the District has not expended that time and effort to locate the information in the Nevada
County records.
3. New information:
During design of the Donner Lake Pipelines -2004 project, the District identified the need to obtain
a new easement across the northwest corner of the Williams property. Construction of a new water
pipeline and electrical conduits in this new easement would allow for the eventual abandonment on
the existing water pipes and removal of the existing overhead electrical wires.
I have been having ongoing discussions with the Williams family regarding acquisition of this new
easement. The Williams has expressed a willingness to cooperate with the District, but it has been
necessary for me to constantly remind them of the project time frames and schedule. Last week, I
met with the Williams family on their property at the project site.
During our discussions, it was determined that the Williams property is essentially "landlocked' and
does not have access to any existing public or private roadways. The construction activities
associated with the pipeline and conduit installation will result in the construction of a single lane road
along the pipeline alignment.
The Williams family has requested that they be granted an access easement across the Greenpoint
Springs property in exchange for utility easement desired by the District. At the staff level, granting of f
the access easement is compatible with the planned water and electrical facilities. I have developed
a number of conditions that I believe are necessary to protect the District. They are listed below.
District legal counsel may determine that other conditions are also necessary.
{Y
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• Ingress and egress shall be along the existing roadway and new roadway constructed along
the pipeline alignment of the Cedar Point Pipeline.
• The District intends to maintain the roadways on APN 17-15-08 in an unpaved condition.
Williams family to pave the road if they desire a paved all-weather access to their property,
Williams family to be responsible for the construction and maintenance of the pavement
surface. Williams family shall not make any modifications or improvements to the roadways
on APN 17-15-08 without written permission from the District.
• Williams family to be responsible for snow removal along the roadway.
• Disclaimer regarding right of access on the private roadways in the Lakeview, Lakeview
Extension and Donner Heights No. 1 subdivisions.
• Williams family to hold the District harmless from any damage to vehicles owned by the
Williams family or any other parties accessing the Williams Property in the event that the
damage is caused by deterioration of the roadway, or the failure or the District to maintain
the roadway.
Williams family to hold the TDPUD harmless in the event that an Act of God (earthquake, flood,
avalanche, mudslide, etc) prevents access to the Williams Property along the ingress and
egress easement granted herein.
4. Recommendation:
Allow staff to continue discussions with the Williams family regard acquisition of a new utility
easement. When an agreement is reached, an easement agreement would be brought to the
Board for approval.
Attachments:
Aerial Photo/Map showing Williams property.
MetroSean/Nevada (CA)
Owner- Williams Harold A Et Al Parcel 17 150 34 000
CoOwner Land : $21,253
Site : *no Site Address* Struct
Mail 3816 Chippewa Ct(No Mail ) San Diego Ca 92117 Other
Vered : 08/23/1982 Doc# :486/000 Total : $21,253
Price Deed Exempt
Ln Amt Loan Type
VestType IntTv %Imprvd
Lender '%Owned
Use : RU000 Vacant,Single Family Residential Tax Area : 03021
Zoning R RESIDENTIAL 03-04 Tax : $822.42
Legal PTN N 1/2 14-17-15 Ownel-Phn
Sub/Plat TenantPhn
Bedrooms Lot,9cres : Year Built
Bathrooms Lot Sq Ft : Bldg Sq Ft
N. 1/2 SEC, 14, T. 17 N., R. IS E., M.D.B. a M. *n. aen Co.,
3-021 17-15
3003 2E2a4 5994. 1021 Ra0
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Information compiled from various sources. Real Estate Sohdions makes no representations
or warranties as to the accuroev or conwhaeness of intormation contained in this renort