The County/Flood Control District standard Easement Deed will be used along with a Right of Way Contract for the temporary easement rights. The permanent easement will allow the District to build, maintain, repair and replace the proposed flood control structure and the berm that it is built within the easement area described in the Easement … Continued
Generally, there are no changes in the property tax basis as far as a decrease in valuation due to the acquisition. Based on my experience I do not know of a property owner that has received a decrease in tax valuation as a result of a flood control easement acquisition. Conversely there would be no … Continued
The permanent easement includes rights of access to perform the functions and uses of the easement by the District. The temporary construction easement would only be for the initial construction of the project with an expiration date or time period and not extend to ongoing maintenance and use. Access to the easement area would be … Continued
Weeds within the maintenance easement that may impact flood safety and/or required environmental plantings associated with the project will be controlled by and at the expense of the District. For example, if weeds are physically blocking District staff’s ability to assess the integrity of the levee system they may be pulled. Another example is if … Continued
Structures are not allowed within the easement area except common boundary fencing. Landscaping would be allowed so long as it doesn’t interfere with the District’s improvements and maintenance thereof.
The District will pay the property owner to have improvements modified, removed, moved or replaced depending on the situation. Certain improvements are more portable than others such as hot tubs, small garden sheds, greenhouses, gazebos in many cases can be moved out of the easement area. Permanent improvements such as decks, gazebos with foundations, concrete … Continued
Non-conforming structures would be handled in a similar manner as conforming except that the District and County take no responsibility to ensure that a non-conforming structure is brought into conformance as a result of the project.
See Landscaping, no permanent structures allowed within permanent easement area.
Attorney fees are not reimbursable. If at the time the District enters into negotiations any of the conditions outlined below in the Code of Civil Procedure 1263.025 are met, the homeowner could get their own appraisal and the District would reimburse reasonable costs up to $5,000. (a) A public entity shall offer to pay the … Continued
If the project receives CEQA approval and funding and the Board of Supervisors decides to authorize implementing construction of the project then the District may elect to use its powers of Eminent Domain as established in the US Constitution, Federal code, State code, and Water Code Appendix 68-5.13 to acquire the necessary easement for the … Continued
