23 - Encroachment Agreement at 1661 Indus Street Costa Mesa Sanitary District
…an Independent Special District
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To: Board of Directors
Via: Scott Carroll, General Manager
From: Rob Hamers, District Engineer
Date: June 27, 2013
Subject: Encroachment Agreement at 1661 Indus Street, Newport Beach
Summary
The District owns a 10” sewer main in a 35’ wide easement in the backyards of properties
on Indus Street in Newport Beach. The easement is 35’ wide instead of the usual 10’-20’
wide because the sewer was constructed in straight segments adjacent to the curvilinear
Ora nge County Flood Control District Santa Ana Delhi Channel. The 35’ wide easement
greatly restricts the property owners’ use of their backyards. The backyards also have a
steep slope from front to back.
The property owner at 1661 Indus Street has proposed to cantilever a removable deck
over the slope, sewer, and easement in order to better utilize his backyard. In order to
accommodate his request, the attorney for the District prepared an encroachment
agreement allowing the deck while requiring the property owner to be financially
responsible for the cost of removing and replacing the deck should the District need to
excavate down to the sewer line or perform other work in the easement. The property
owner is also responsible for reimbursing the District the legal and engineering costs
pertaining to the agreement.
Staff Recommendation
The Board of Directors approves the agreement.
ITEM NO. 23
Board of Directors
June 27, 2013
Page 2 of 3
Analysis
Over the years, Costa Mesa Sanitary District (CMSD) staff has discovered property owner
improvements in CMSD easements and Orange County Sanitation District (OCSD)
easements that were constructed without authorization. Recently the CMSD Board of
Directors approved an encroachment agreement for a property on Tustin Avenue in
Newport Beach where the property owner installed fences, sheds, and special paving over
a CMSD sewer and easement.
CMSD staff also assisted OCSD when property owners constructed impro veme nts over
their Red Hill Gisler T runk as it traverses many backyards while paralleling the 405
freeway. OCSD has had a very difficult time administering the rights of their easement as
property owners have built elaborate pools and other structures in the easement.
Because property owners either do not have knowledge of the easement or feel they have
the right to use and enjoy their property, it makes sense for the easement holder to work
with the owners when improve ments are proposed rather than m ake a strict prohibition of
improvements. In the case of 1661 Indus Street, the encroachment agreement allows
both the District and property owner to achieve their goals while accommodating the other
party.
As a side note, there is one Grade 5 sewer deficien cy in the District’s main in the backyard
of 1661 Indus Street that is scheduled for repair by the no -dig installation of two short
sections of cured -in -place -pipe. The property owner is aware of this situation and has
agreed not to install the deck until the repair is complete. Although the repair will not affect
the backyard, the District desires a clear backyard in case there is an emergency condition
that requires excavation to the sewer main.
Strategic Plan Element & Goal
This item compli es with Stra tegic Plan Element 3 .0, Partnerships , with the Objective:
To foster beneficial relationships to accomplish the goals of the District.
Legal Review
District Counsel prepared the attached Encroachment Agreement and is prepared to
answer questions or entertain discussion.
Financial Review
There is no cost to the District regarding the Encroachment Agreement. The property
owner will be reimbursing the District the lega l and engineering costs in preparing the
Board of Directors
June 27, 2013
Page 3 of 3
Encroachment Agreement while the repair in the backyard of 1661 Indus is being funded
by one of the District’s capital improvement projects.
Committee Recommendation
Not applicable
Public Notice Process
Copies of this report are on file and will be included with the agenda packets for the June
27, 2013 Board of Directors regular meeting and on the District’s website .
Alternative Actions
1. Do not approve the Encroachment Agreement or any construction within the
CMSD easement.
2. Refer the matter back to staff for additional information.
Attachment A : Encroachment Agreement