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Item 5.1 - PowerPoint presented by J. Owens18 Mar 2014 City Council Meeting Justin Owens Presentation •Main Topics –Old Coach Road Easements •Issues •Recommendations –Temporary Water Use Permit Enforcement •Issues •Recommendations OVERVIEW OVERVIEW Satellite Imagery 1964 Espola Road Satellite Imagery 1964 Espola Road Old Coach Road County Road D6 Satellite Imagery 1964 County Road to Private Road •1 December 1980 City of Poway incorporated –All roads within the city limits become either city maintained or private roads •At some date after 1 December 1980 –City of Poway chooses to limit the extend of the previous county maintained Old Coach Road –Remainder of Old Coach Road becomes a Private Road –That portion of the road that the City of Poway chooses not to maintain now requires private easements County of San Diego Maintained Roads Espola Road Green County Roads County of San Diego GIS Map Old Coach Road City of Poway GIS Map w/ Parcel Overlay County Road Prior to 1980 – End of County Road Old Coach Road End of City Road Remainder of Old Coach Road that is now a Private Road Lack of Private Easements •All Titles for Parcels that lie Ease of City Maintained Old Coach Road do not have private easements through Myers and Owens Parcel (APN 277-130-01 and 02); parcels outlined in blue on previous slide •Title reports still reference “County Road known as Old Coach Road as located on November 13, 1970” Road Easements APN 277-130-02 Road Easements APN 277-130-02 w/ existing roads Road Easements APN 277-130-02 w/ existing roads Road Easements APN 277-130-02 w/ existing roads No Private Road Easements No Private Road Easements Road no longer exist Easement Recommendations 1.City of Poway condemn and acquire the remainder of Old Coach Road as it existed from the County prior to incorporation 2.City of Poway work out a purchase agreement for the benefit of the all of the home owners that would grant private road easements to access the respective parcels 3.City of Poway does nothing; leading to potential litigation Temporary Water Use Permit Enforcement •Poway Municipal Code Section 13.11.100 –A. General Rule. Services and meters shall be installed on a main fronting the parcel to be served. If there is more than one such main, installation must be on the main closest to the nearest boundary of the parcel, unless otherwise approved by the City. –B. Temporary Service. In the case of a parcel not fronting an existing main, an application for temporary service at the nearest existing main to the parcel may be approved by the City Council, in its discretion … •Along with an additional $2700 fee Issues •Old Coach Waterline Project never mentions temporary water use permits or fees •City of Poway engineering staff failed to have the foresight to gain necessary easements for all those parcels that benefit from the Old Coach Waterline project •No parcel that hooked up to city water and meets the requirement for a temporary use permit was ever charged for this fee or taken to City Council for approval •APN 277-08-11-00 is now being held to this code when no other parcel that falls within the zone of benefit was ever required to pay this fee or apply for the permit 2770102600 2770102100 2770101500 2770101200 1770101600 2770801100 2770802500 2771301100 2771301000 2771301500 2770202500 2770202000 2770203100 2770203200 2770202300 2770202200 2770201000 2770201100 2770201500 No Water Access (10) No Water Easement & No Temp Use Agreement (2) No Temp Use Agreement & Unknown if Water Easement (13) City Water Line 2770101300 2770201400 2771301800 2770202400 277010700 2770202100 2771300500 2771300600 2771301900 2771300100 2771300200 2770802400 2770202900 2770202600 2770201300 2770101700 2770201900 2770201600 2770202700 Private Water Lines (Not plotted exact) Apprx Water Meter Locations In Compliance 2770201700 2771300900 Recommendations 1.Wave the Temporary Water Use fee, permits and City Council approval for all parcels that fall within the current zones of benefit as outlined in the Old Coach Waterline project OR 2.Enforce the municipal code for all those parcels that meet the definition required for a Temporary Water Use Permit OR 3.Do a one time Temporary Water Use fee, permits and City Council approval covering all those parcels that are in violation of Municipal Code 13.1.100 4.City of Poway to receive all necessary easements to correct previous errors stemming from the Old Coach Waterline Project