Tarbet

INTRODUCTION

Plaintiff Gregory Tarbet appeals from a judgment denying his petition for writ of mandate and dismissing his complaint. Plaintiff sued the East Bay Municipal Utility District (District) after it refused to provide water service to his property without the grant of an easement. He claimed the District should be required to comply with a water service provision contained in a previously approved and recorded final parcel map, which did not include the District’s proposed easement. The trial court denied his petition for writ of mandate and sustained the District’s demurrer to the complaint without leave, to amend. We affirm.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Plaintiff owns the property at 21603 Banyan Street in Hayward. In 2005, the former owners started the process of subdividing a lot into three separate residential lots, one of which is plaintiff’s property. In that year, the County of Alameda (County) accepted and approved tentative parcel map No. 8743 pertaining to the property under County resolution No. 05-15. The resolution contains the following condition: “Water services is [iic] to be provided to each lot and are to be connected to the…