HomeMy WebLinkAboutMinutes - North Fork Water Company - 03/09/1981 (North Ford Ditch Easement Letter)March 9, 1981
Vast San Bernardlno County
Water District
P.O. Box 3427
San Bernardlno, California 92413
Attn: Harold Fones, General Manager
Re: No,'th Ford Ditch Easement
Dear Harold:
You will recall that recently a representative of North Fork Water
Company attended one ~of our meetings and. ask.ed if the
the North Fork Water company Dy protecting me easement rot me UltCn
subse{~uent development takes plr/ce In the a~xea through which the North
Fork 3ltch Is located and the area which 1': traverses.
It was suggested that the District might require as a matter of pro-
viding service to such new development the riedicatlon of a delineated case-
ment to I~brth Fork Water Compan,~, of 20 feet in width as a condition to
providing Dl'~trlct services. The 20 foot strip of easement would Include
the ditch Itself and an area next to the ditch for maintenance purposes.
You will recall that we Indicated at that time that we would discuss
the matter with a representative of First American Title Company to ascer-
rain their thoughts on the matter.
Slr~e that time we have had occasion to discuss the matter wlth Mr.
Ed Young of First A merlcan Title Company and he has suggested the follow
lng as a means of protecting the ditch.
We started out wtth the premise that there Is presently no recorded
delineated easement for the ditch, but that unquestionably there does exist
an easement by prescription for the ditch and Its maintenance since It has
occupied Its present position for many years and Is known and recognized
as an established ditch for the conveyance of water.
It was Mr. Young's suggestion_that a docs.merit b.~ p.re,,~p~,.r .ed for. e..x.e~. ? -
tlon by officers of North For;: ','later uompany to ne entitles mottce or
of Easement", which would describe In a general way the location of the. dlthh
as running In a generally northwest-southeasterly direction along the edge of
the foothills and describing, In so far as possible, .the .sections .of land .through
which the ditch Is located. The statement should ~so indicate the numeer st
years In which the ditch has been In existence and that throughout all of such
years It has been maintained by the Water Company and that such prescrlpXlve
East San Bernardino County
Water District
Arts: Harold Fortes
Page 2
March 9, 1981
easement is 20 feet in width, including the dit~:i, and the necessary area to
provide for the maintenance of the ditch. That such document would then
be recorded, and while, in and of itself, it would not create a delineated
easement it would serve- as notice that a prescriptive easement was involved
and that all of the title companies would of necessity be put on notice and
would show such prescriptive easement on any, title reports that they might
be called upon to prepare and it w,o, uld likewise t)ut anyone, seeking to develop
the area, on notice as to the location of the ditch and the prescrlgtive ease-
ment involved. He pointed out further that the mere fact that the ditch has
existed for many years lo some evidence that an easement for its existence
is involved even though it be by prescription.
Under such circumstances a party proposing a development In the
area would have to deal directly with the North Fork Water Company ark4 a
delineated eagement in favor of'North Fork Water Company could be develop-
ed at such time.
It was his feeling, as ~vell as ours, that such a procedure would pro-
bably be the best way to handle the matter and would provide protection for
the ditch and Its maintenance.
Yours very truly,
FARRELL ~: FA.RRELL
Robert J. Farrell
RIF:~ln