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08/06/1986
LOSALTOSHILLS
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08/06/1986
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Minutes
Date
1986-08-06
Description
Regular Meeting Minutes
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Council discussed the matter before them, noting that it was <br />really a legal issue. Tryon noted the limited amount of <br />information available and Fuhran suggested they probe for the <br />line. Dronkert commented that it was not the Town who had <br />originally obtained the sewer easement but rather the Santa Clara <br />Valley Water District. In view of the background presented, <br />Council suggested the Changs contact the Santa Clara Valley Water <br />District, their attorneys and Paul Nowack who had prepared the <br />maps of the property for Mr. Roscoe. <br />*Dronkert noted the location of the sewer line was indicated on the site approval <br />map for the adjoining lot, #26. Dronkert further noted that it Was possible <br />that the sewer line as shown was not entirely within the easement in question. <br />(AMENDED BY COUNCIL - 8/20/86) <br />H. OTHER BUSINESS: <br />1. Reports from Standing Committees: <br />It was agreed that a memo would be sent to Committee Chairman <br />reminding them of the reporting schedule as stated in Resolution <br />130-85. <br />2. Reports from Ad Hoc Committees: <br />I. STAFF REPORTS: <br />1. City Manager: <br />a) Letter from Mr. and Mrs. Gordon Chang, <br />25449 Adobe Lane, regarding sewer ease- <br />ment <br />The City Manager referred to his 7/30/86 report which noted that <br />the Changs had recently become aware that a portion of their <br />garage was constructed over a Town sewer line and sewer easement <br />and they were requesting clarification of the Town's and property <br />owner's responsibility regarding this easement. <br />The City Attorney referred to his report dated 8/1/86 which <br />outlined the background of this property, beginning in 1968 when <br />Wendell Roscoe subdivided and dedicated a ten foot easement <br />across Lot 27 of Tract 4401. The City Attorney further noted that <br />in his opinion this was a 'deep pocket' issue. The Town should <br />not be responsible; however, Mr. Roscoe, who subdivided the <br />property, should be. The City Attorney stated it was the <br />obligation of the Title Company to state where the easements were <br />and he wondered why no one was attempting to find this <br />information. <br />*See below. <br />Elise Wilson, Chang's realtor, noted that the Changs were unaware <br />of the easement and were innocent victims. The sale of their <br />property was becoming very difficult as the potential buyer was <br />wary of purchasing a house where the garage may have to be torn <br />down. <br />Council discussed the matter before them, noting that it was <br />really a legal issue. Tryon noted the limited amount of <br />information available and Fuhran suggested they probe for the <br />line. Dronkert commented that it was not the Town who had <br />originally obtained the sewer easement but rather the Santa Clara <br />Valley Water District. In view of the background presented, <br />Council suggested the Changs contact the Santa Clara Valley Water <br />District, their attorneys and Paul Nowack who had prepared the <br />maps of the property for Mr. Roscoe. <br />*Dronkert noted the location of the sewer line was indicated on the site approval <br />map for the adjoining lot, #26. Dronkert further noted that it Was possible <br />that the sewer line as shown was not entirely within the easement in question. <br />(AMENDED BY COUNCIL - 8/20/86) <br />
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