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To: City Council Facilities and Transportation Committee <br /> From: City Attorney <br /> Re: Legal Questions Related to Discussion Regarding Private Sewer Lateral Replacement Policy <br /> Date: April 12, 2011 <br /> Page: 2 <br /> property owners within the Dowling Triangle, or the City have a recorded public utility <br /> easement or other right -of- access to the DTSL. <br /> It is important to note the following: (1) The City has no documentary evidence that the <br /> DTSL was ever dedicated to the City by express dedication; and (2) the City has never <br /> accepted, by resolution or otherwise, the DTSL into the City's sewer system. <br /> Sewer pipelines are dedicated for public use in three ways: <br /> 1) Express dedication <br /> 2) Implied -in -Fact dedication <br /> 3) Implied -in -Law dedication <br /> Express DodiaIticrs <br /> Express dedications have been governed by statute since 1893, when the Legislature enacted <br /> the first subdivision map statute. The original 1893 statute merely required that those areas <br /> reserved for public purposes must be described on a map.' - The subdivision map statute was <br /> amended in 1901 to allow a governing body to accept or reject street and highway <br /> dedications, and that acceptance or rejection be noted on the map prior to reconlation. In <br /> 1907, the subdivision map statute was amended to explicitly require a statement of <br /> dedication be shown on the map." The 1907 amendment to the subdivision map statute is <br /> currently the State law. The City does not have, and was unable to locate, an express <br /> dedication of a public utility easement for the DTSL. <br /> If an express dedication did not occur, than a sewer line and/or public utility easement can <br /> be dedicated through a common law dedication, which falls into two categories: <br /> Irrplie in.Frat Derkatian <br /> An implied -in -fact dedication is found where a property owner has affirmatively allowed <br /> public use of his property, or has accepted public use.`- An implied-in-fact dedication <br /> requires an explicit indication of an owner's intention to allow or accept a public use on his <br /> 2 1893 Stats. al. 80, Section 1, Paragraph Fin[. <br /> 3 1901 Stats. �. 124, Section 1. <br /> ' 1907 Slats. Ch. 231, Section 3. <br /> 5 Ha -s v Van3 (1989) 217 Cal. App_ 3d 271. <br /> A PROFESSIONAL LAW CORPORATION OAKLAND KOS ANGELES SACRAMENTO SAN FRANOSCO SANTA ROSA FRESNO <br />