Marin County Municipal Code Ch. 13.54 Easements

For the purposes of this chapter:

(1) "Public service easement" includes all or part of, or any right in:

(A) A right-of-way easement or use restriction acquired for public use by dedication or otherwise for sewers, pipelines, polelines, electrical transmission and communication lines, pathways, storm drains, drainage canal, water transmission lines, light and air, and other limited use public easements other than for street or highway purposes;

(B) An easement or right of a type described in Part 3, Chapter 5, Article 1, Section 8340 California Streets and Highways Code;

(C) All easements, except for street and highway purposes, dedicated or purportedly dedicated for public use by a plat or map filed or recorded in the office of the county recorder.

(2) "Street"; "highway" include all or part of, or any right in, a state highway or other public highway, road, street, avenue, alley, lane, driveway, place, court, trail, or other public right-of-way or easement, or purported public street or highway, and rights connected therewith, including but not limited to, restrictions of access or abutters' rights, sloping easements, or other incidents to a street or highway.

(3) "Vacation" means the complete or partial abandonment or termination of the public right to use a street, highway, or public service easement.

(Ord. 2964 § 1 (part), 1988: Ord. 1932 § 1 (part), 1972)

(a) If the proposed vacation of a street, highway, or public service easement is within an area for which a general or master plan is adopted by a local agency, the board of supervisors of the public entity shall consider the general or master plan prior to vacating the street, highway, or public service easement.

(b) The procedure prescribed in Section 65402 of the Government Code shall be followed if that section applies to the proposed vacation. If Section 65402 of the Government Code does not apply to the proposed vacation, the board of supervisors may submit the proposed vacation to the local planning commission or planning agency and give the commission or agency an opportunity to report upon the proposed vacation.

(Ord. 2964 § 1 (part), 1988: Ord. 1932 § 1 (part), 1972)

The vacation of any easement defined by this chapter shall be ordered upon compliance with the requirements of Part 3, Chapter 1—7, Sections 8300 et seq., California Streets and Highways Code, and the paying of an application fee established in the current resolution of the Marin County board of supervisors in establishing fees for work administered by the department of public works to cover the costs of investigating, publishing notices and posting notices, and making findings pursuant to the vacation.

(Ord. 2964 § 1 (part), 1988: Ord. 1932 § 1 (part), 1972)