HomeMy WebLinkAboutDIV II) CH 1 Water Service: Section 36 - Location of Water Lines and Easements36-1
SECTION 36 LOCATION OF WATER LINES AND EASEMENTS
36.01 LOCATION OF WATER LINES
A.In Public Right-of-Way or Easements. Water
lines constructed by or for this District shall be
constructed within public road or street right-of-ways,
except where the District has expressly authorized the
construction to be made within permanent right-of-way
easements.
B.Physical Location.
1.A water line constructed within a public road or
street right-of-way shall normally be located
within the easterly or southerly half of the
right-of-way.
2.A water line constructed within an easement
shall normally lie along the centerline of said
easement if the easement will not contain other
utility lines. If other utility lines are
allowed in the water pipeline easement, the
water pipeline shall be located within the
easterly or southerly half of the easement
right-of-way.
36.02 DISTRICT WATER LINE EASEMENTS
A.Width of Easements. District minimum require-
ments for width of an easement for a water line shall be
20 feet; provided, however, in exceptional cases, the
General Manager may accept a permanent easement less than
20 feet in width on condition that the landowner grants to
the District an adequate temporary easement for
construction purposes together with a right of access to
the permanent easement for purposes of maintenance and
repair of the water line to be installed.
B.Easements in Subdivisions. The centerline of an
easement for a water line within a subdivision or "lot-
split" shall be parallel to at least one of the sidelines
of the lot or parcel in which the easement is located.
The entire width of the easement, as measured at right
angles to the said parallel sideline, shall be located
within the said lot or parcel.
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C.Easements in Unsubdivided Land. The centerline
of an easement for a water line in unsubdivided lands
shall, whenever practicable, be parallel to one of the
sidelines of the parcel of land in which the easement is
located. The entire width of the easement, as measured at
right angles to the said parallel sideline, shall like
within the said parcel.
36.03 ENCROACHMENT IN DISTRICT EASEMENTS
A.Enforcement Against Encroachments. The General
Manager is authorized and directed to institute on behalf
of the District any legal action necessary to prevent or
remove encroachment by others in, over, or upon District
easements and right-of-ways.
B.Allowance of Encroachments. The General Manager
may allow encroachment in, over, or upon a District ease-
ment or right-of-way if he determines that the
encroachment will not interfere with operation of the
District's water or sewer systems and will not interfere
with the maintenance, repair and replacement of such
systems. However, such encroachment shall not be allowed
until the property owner requesting the encroachment
executes an encroachment agreement, approved by the
District. The agreement shall provide, among other
conditions, that (i) the cost of removing and replacing
the encroachment shall be borne solely by the owner, and
(ii) the District will not waive any rights as to its use
of said easement or right-of-way, including, but not
limited to, the right to enter upon said easement at any
time for the purpose of making repairs, modifications, or
replacement of any pipeline or road, and (iii) the
encroachment will be removed upon 30-days written notice
from the District to the owner. The General Manager may
grant an extension of such period; however, the extension
must be in writing and signed by the General Manager.
The Manager's authority to allow such encroachment
shall extend to improvements that are removable and which
do not exceed the Manager’s monetary authority as set
forth in subsection (D) of Section 2.01. All other
encroachments must be approved by the Board of Directors.
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36.04 CONCURRENT USE OF DISTRICT EASEMENTS
A.By Governmental Agencies. The Manager is
authorized to enter into agreements for concurrent use of
District easements by other governmental agencies or
public utilities, provided such use does not interfere
with the District's utilization of the easement.
B.By Private Persons or Entities. Concurrent use
of District easements by persons or entities other than
governmental agencies or public utilities must be approved
by the Board of Directors.