Rainbow MWD approves easement quitclaim

Joe Naiman

Village News Reporter

In 1990, a utility easement over two Via Puerta del Sol parcels was recorded. The Rainbow Municipal Water District no longer believes that easement is needed and, on July 26, the Rainbow board approved a quitclaim of that easement.

The 4-0 board vote, with Michael Mack absent, authorizes the execution of quitclaim deeds associated with the easement. The board also made a determination that the action was not a project subject to California Environmental Act review, although if the property is developed that project may be subject to CEQA.

“There’s no reason for that easement to be there,” said Rainbow board member Pam Moss.

The easement is 20 feet wide and is on two commonly owned adjacent parcels which total 7.83 acres. The land is currently owned by the Raymond J. and Camille R. Newton 2002 Trust. The easement was recorded in January 1990 and reserved that part of the land for water and fire protection purposes.

The Newtons believe that the easement is located in the most desirable building site on the property. They requested that Rainbow quitclaim the easement to allow for the construction of a building in the location of the easement.

Rainbow staff searched the district’s digital records for any evidence of facilities within the easement, and Rainbow’s senior inspector conducted a field inspection to verify that there are no facilities within the easement. Based on the surrounding facilities and topography, Rainbow staff doubts that the easement would be needed for future facilities.

“There are no facilities there. There are no facilities planned to be there,” said Rainbow acting district engineer Chad Williams.

Rainbow actually prefers that facilities be in roads or other public right-of-way rather than on private property. Infrastructure on private property makes maintenance more difficult and increases the cost of pipe failures. If a waterline extension was needed in the future to provide water to surrounding parcels, the most convenient option would be to locate the waterline extension in Via Puerta del Sol. Any development of the Newton property would involve connections from a waterline and from a sewer line if the development utilizes sewer service rather than a septic system, and Rainbow would be involved in the development plans.