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las lomitas: Possible special assessment district - 03/31/08 12:01 PM
I had another meeting with CCCSD over the backyard sewer mains in the Las Lomitas subdivision in Danville CA. This affects 50 homes. I was informed that in response to my efforts the district is contemplating a proposal for a special assessment that would put the sewer main where it belongs..at the street! This was estimated at cost of about 1.1 M $
I believe the cost per owner is negligable compared to the enhancement in value and utility in return. These lots are almost all .25 acres and moving the sewer would enable owners to improve these homes and make … (0 comments)
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las lomitas: Title co not responsible to report prescriptive sewer main in backyard? - 02/18/08 02:26 PM
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las lomitas: prescriptive easement problem - 02/12/08 05:20 PM
I have been dealing with a situation that concerns me as a homeowner and Realtor...The problem: A sewer main in an unconventional location running through the middle of my backyard as well as 50 neighbors. The Central Contra Costa Sanitary District holds a "prescriptive" easement to maintain the system.This easement was not revealed on the preliminary title report or TDS at time of sale. In other words undisclosed by owner , realtor, and title co.
The title co maintains that the easement essentially doesn't exist because it is not indexed by the usual grantor/grantee method and easement declaration is not constructive notice.
I am … (0 comments)
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las lomitas: constructive notice? - 02/12/08 04:45 PM
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las lomitas: letter sent to title co about "easement declaration" - 02/12/08 04:28 PM
Danville, CA 94526
Issue: Sewer Main
A sewer easement declaration from 1977 against all lots in Los Lomitas subdivision #1 is unreported by First American in a purchase dating Dec 31, 1991. The sewer easement is not placed where permitted by subdivision CC&R 's at perimeter of property, restricts possible present and future utility and desirability of subject property, resulting in a loss. Present owner will be obligated to disclose this fact upon sale. Restrictions placed on building additions, in ground pool, or additional garage space affect market value for present and future owners.
Time line
1991 TDS was filled out by seller and … (0 comments)
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las lomitas: map showing backyard sewer mains in las lomitas - 02/12/08 04:23 PM
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las lomitas: picture worth a thousand words... - 02/12/08 03:45 PM
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las lomitas: here's the resolution that was voted in - 02/08/08 05:02 PM
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las lomitas: Meeting at CCCSD about backyard sewer main - 02/08/08 01:54 PM
I attended the 2/7/08 meeting of the CCCSD and was surprised I was the only resident of the Las Lomitas subdivision present out of 50 homeowners. The resolution amendment was introduced as needed to rectify the problem of original 1977 resolution ...meant to further constructive notice of backyard sewer main...
I registered to speak and upon being called read the opinion of the chief title officer of Landamerica Commonwealth that the resolution amendment is not constuctive notice as no rights are granted by individual owners....
I personally believe every homeowner or potential homeowner,realtor and title officer should show an interest because the issue … (0 comments)
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las lomitas: Here's the opinion of a chief title officer about the resolution - 02/07/08 01:30 PM
"This resolution really won't change anything. It doesn't create any easement as nothing is granted by the property owners. Since the owners haven't executed the document it can't be indexed to them and therefore there is no constructive notice. Since the Resolution describes only the specific lots that are affected, it will be posted to those properties, only, in the title plant. As with the original Resolution, many examiners will not pick up the Resolution, but competent examiners will pick it up and show the effect of the document in some way."
Asst. Vice President/Chief Title Officer
Call 888 893 8595 … (0 comments)
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las lomitas: Las lomitas meeting on backyard sewer lines... - 01/30/08 04:57 PM
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Gary Ginsberg
Danville,
CA
More about me…
Area Pro Realty NorCal
Cell Phone: (925) 366-4550
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