'It's outrageous': Huntington Beach residents question why pools were permitted amid easement fight
HUNTINGTON BEACH, Calif. (KABC) -- Construction tied to a decades-old sewer easement in a Huntington Beach neighborhood is sparking a legal battle, with some homeowners saying they could lose large portions of their backyards -- including swimming pools -- as the Orange County Sanitation District (OC San) seeks better access to underground infrastructure.
Residents argue, however, that what OC San is doing goes far beyond an easement.
"Easement means access, but OC Sanitation sees this as no, they want possession. And that's what they've done. Effectively, they are taking possession of these people's lands without giving them any kind of monetary consideration," said homeowner Tony Shahidi, who said he will lose $350,000 of equity if part of his backyard is demolished.
Several homeowners say they are also frustrated with city officials, questioning why backyard projects were permitted in areas now deemed part of the easement.
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"We laid out something and took it to the city, got it permitted, and as far as we were concerned, that was a done deal," homeowner Frank Clarke said.
Clarke purchased his home on Rhone Lane in 1971 and had his pool built two years later. Now, he has been told the pool must be removed because it sits on the sewer easement.
OC San says pools and other encroachments along the street limit its ability to perform routine and preventative maintenance on the pipeline.
Clarke points to documents from 1973 and 1987, both referencing neighborhood pools and the easement. He questions why enforcement is happening now.
"It's outrageous," Clarke said.
Thirteen residents along the street have signed settlements with the sanitation district, which offered to cover demolition costs in return. Others have chosen to fight the project in court.
If those challenging it lose in court, they could be responsible for paying to demolish the affected portions of their properties, including pools. The next court hearing for the case is on May 1.
"The city simply backed out and said, 'No, it's not our responsibility, too bad,'" Shahidi said.
In a statement to Eyewitness News, City of Huntington Beach spokesperson Julie Toledo shared information from the city's Community Development Department, stating that property owners are responsible for verifying the accuracy of plans on their properties.
"When we review and approve pools, the applicant is required to sign an acknowledgement that there are no private easements located within the pool and spa area. Although it's always been the case that property owners are responsible for the accuracy of their plans, the City adopted this practice in the 90s," the statement read.
It remains unclear what will happen to properties that have already been dug up if the court rules in favor of homeowners. An OC San spokesperson said they believe the agreement signed by the thirteen homeowners is binding regardless of a judge's decision.
"We do understand that it's emotional. There's an impact. It's jarring," said OC San Director of Communications Jennifer Cabral. "There is an easement on the property in which they purchased. And there are encroachments, and they've continued to get worse over time. If we don't start correcting it today, when's the right time? When the pipeline breaks and we have ten million gallons of raw sewage impacting thousands of people?"
