ORDINANCE NO. 288 — Moraga Municipal Code

BEFORE THE TOWN COUNCIL OF THE TOWN OF MORAGA

In the matter of:

Amending Ordinance No. 57 Relating	)
to Easements	)	ORDINANCE NO. 288
_____________________________________	)

THE TOWN COUNCIL OF THE TOWN OF MORAGA DOES HEREBY ORDAIN AS FOLLOWS:

Amendment to Moraga Municipal Ordinance No. 57, Contra Costa County Code Section 94-4.214, Easements, is hereby amended to read as follows:

94-4.214 Easements.

(a) Easements for roads or streets, paths, stormwater drainage, sanitary sewers, or other public use as may be required by a public agency, shall be dedicated to the public for future acceptance by a public agency, and the use shall be specified on the map.

(b) Easements for an existing or proposed utility installation for the use of a private or nongovernmental agency shall not be shown on the map unless there is a recorded conveyance to such individual or corporation, except as provided in subsection (d) of this section.

(c) All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, e.g., recorder's serial number and date, or book and page of official records.

(d) Easements not disclosed by the records in the office of the county recorder's and found by the surveyor or engineer to be existing shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.

(e) Dashed lines shall show the sidelines of all easements of record on the map with the widths, lengths, and bearings of record.

(f) An easement(s) offered for dedication to the Town of Moraga must be designated on a plat and map, in compliance with standards and policies established by the Town's Public Works Department. All deed and easement documents must be legally recorded at the Contra Costa County Recorder's office.

(g) All acceptances of offerings of easement dedications must be approved by vote of the Town Council (or via administrative acceptance procedures as authorized by Town Council).

(h) Should the Town accept an offering of easement dedication the Town will not assume maintenance responsibilities on the accepted dedicated easement until such time as both 1) the improvements are built in their entirety and to minimum Town standards, and 2) the Town's acceptance of the completed improvements has been approved by a vote of Town Council (or via administrative acceptance procedures as authorized by Town Council).