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REALTOR®: SFPUC Officials Help Realtors Educate Clients on Hetch Hetchy Right of Way

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Wednesday, November 21, 2007

Officials of the San Francisco Public Utilities Commission (SFPUC) recently spoke to Realtors and affiliates of the Silicon Valley Association of REALTORS® (SILVAR)  Palo Alto District about issues concerning the Hetch Hetchy Right of Way that could impact homebuyers and sellers.

SFPUC spokesperson for Right of Way Communications Maureen Barry, Communications and Public Outreach representative Christina Kerby, SFPUC Real Estate Services Right of Way Manager Brian Morelli told Realtors as the SFPUC prepares to retrofit the Bay Area's water supply system, officials have to deal with approximately 300 encroachments on land over the commission's pipeline.

The pipeline includes many components built more than 70 years ago, and because of its age and in order to accommodate an increase in population in the future, the pipeline will be undergoing a $4.3 billion Capital Improvement Program. The program is scheduled to be completed in mid-2014 and includes 70 projects in seven counties. Although construction on the water system projects won't begin until 2010, the SFPUC is taking a pro-active stance and wants residents to be prepared for traffic jams, torn up land and other impacts when the projects begin construction.

Representatives of the commission are speaking before boards and city councils, and holding public workshops about the pipeline project. SFPUC officials have also approached members of the Silicon Valley Association of Realtors to educate them about the project, particularly about the Hetch Hetchy Right of Way, which could turn out to be a major issue for homebuyers and sellers.

"We're trying to start this process early on to work with the residents," said Barry.
 
The SFPUC is a regional water system that provides water to 2.4 million people in San Francisco, San Mateo, Alameda and Santa Clara counties. Eighty-five percent of the water comes from Sierra Nevada snowmelt stored in the Hetch Hetchy reservoir situated on the Tuolumne River in Yosemite National Park. Hetch Hetchy water travels about 167 miles through gravity from Yosemite to the San Francisco Bay Area. This local water is captured in reservoirs located in San Mateo and Alameda counties. Delivering approximately 260 million gallons of water per day, the regional system consists of over 280 miles of pipelines, over 60 miles of tunnels, 11 reservoirs, five pump stations and two water treatment plants.

According to Barry, 90 percent of households and businesses receive water from the Hetch Hetchy system, leaving many fences, sidewalks, parking lots and roads sharing space with the aqueduct. The Hetch Hetchy right of way are public lands which contain water and power pipelines, varying from 60 to110 feet in width and, depending on the size of the pipeline and the terrain, as little as three feet in depth in many parts.

The SFPUC developed a Right of Way Policy in the late 1990s to protect the regional water system and ensure immediate access to all facilities for maintenance, repair, security, and replacement. Barry said while surveying the 210-mile system, the SFPUC found over the years, hundreds of residents have encroached on land over the commission's pipeline and have turned the land into green space, garages, decks, gazebos, patios, even swimming pools and a number of other uses over the years.

Barry indicated spilling over to the right of way isn't much of a problem if the area is devoted to grass, plants and other vegetation, fences or portable sheds that can be removed in case workers need to work on the pipeline and that property owners are aware that this will always be a possibility. It becomes a more serious issue, however, when permanent structures, such as swimming pools, gazebos and home extensions are built on the right of way.

She stressed it is important that the SFPUC maintain access to the right of way at all times and she is asking Realtors to be aware of the issue, especially when dealing with clients who own property near the right of way or adjacent to the right of way.
"We want to make sure property owners who plan to sell their homes disclose that their property is adjacent to the right of way or runs through it," said Barry, and she noted, this is where Realtors can help.

She said homeowners need to compare the information on their Title Report with the size of their lot because the fact that the property lies in the right of way may not always be disclosed in the documents. Also, an owner may find out that the shape and measurements of his or her lot is different from what is stated in the Title Report and it could be because through time, previous owners have just extended their fence to the right of way.

"If you know it, you need to disclose it," said Barry.

SFPUC teams are meeting with property owners individually to assess encroachments beginning with the most difficult situations, like permanent structures. As teams go to the homes and assess the area, Barry said homeowners have been very cooperative.

"People are very respectful of the water because they know it's their drinking water," she said. "They are very cooperative; it's just a matter of working with them and getting things resolved."

Visit the SILVAR Web site at www.silvar.org to view the SFPUC PowerPoint presentation and learn more about the Hetch Hetchy Right of Way.


The Silicon Valley Association of REALTORS® (SILVAR) is a professional trade organization representing over 4,000 REALTORS® and Affiliate members engaged in the real estate business on the Peninsula and in the South Bay. SILVAR promotes the highest ethical standards of real estate practice, serves as an advocate for homeownership and homeowners, and represents the interests of property owners in Silicon Valley.

The term "REALTOR®" is a registered collective membership mark which identifies a real estate professional who is a member of the National Association of REALTORS® and who subscribes to its strict Code of Ethics.

Variations of this article have appeared in local area newspapers.

For further information, please contact Rose Meily at SILVAR Public Affairs, email , or phone (408) 200-0109.

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