Sacramento Municipal Code Ch. 13.20 Relinquishment of Unused Public Service Easements

The city council finds and declares as follows:

A. Streets and Highways Code Section 8311 provides that the authority and procedures set forth for the abandonment of public service easements in the Public Streets, Highways, and Service Easements Vacation Law (Streets and Highways Code Sections 8300 et seq.), are alternative to other authorities and procedures that are provided by law.

B. One such alternative authority is provided by Government Code Sections 66434(g) and 66445(d), which establish alternative procedures for the abandonment of public streets and easements on final subdivision maps and parcel maps.

C. Additional alternative procedures should be established for relinquishing the city's public service easements that are not being used and are not needed for future use. (Ord. 2000-017 § 2(l); Ord. 2000-013 § 1; prior code § 12.09.140)

As used in this chapter, the following words and phrases shall have the meaning set forth in this section:

"City utility facility" means a facility that is operated by the city to provide public utility service.

"Director" means the director of public works for the city of Sacramento, or authorized representative.

"Property owner" means the owner of property that is burdened by an unused public service easement relinquished by quitclaim deed pursuant to the procedures established by this chapter.

"Public service easement" means any "public service easement" as that term is defined in Section 8306 of the Streets and Highways Code, as amended, that is owned by the city.

"Public utility facility" means a facility operated by a public agency or privately-owned company to provide public utility service, excluding a city utility facility.

"Unused public service easement" means a public service easement that has never been used by a public utility facility and is not necessary for present or future use by any city utility facility or public utility facility, and that also meets any additional criteria applicable to a "summary vacation" under Section 8333 of the Streets and Highways Code, as amended.

"Utilities director" means the director of utilities for the city of Sacramento, or authorized representative. (Ord. 2000-017 § 2(l); Ord. 2000-013 § 1; prior code § 12.09.141)

The owner of property in the city that is burdened by an unused public service easement may request that the director relinquish the easement pursuant to this section. Upon verifying ownership of the property, determining that the easement is an unused public service easement as defined herein, and obtaining written consent from the utilities director, the director may execute a quitclaim deed conveying the city's right, title and interest in the unused public service easement to the property owner. The determination whether to execute the quitclaim deed shall be made in the sole discretion of the director, and the director's determination shall be final. (Ord. 2000-017 § 2(l); Ord. 2000-013 § 1; prior code § 12.09.142)

The procedures set forth in this chapter are intended to provide an alternative to any other authority or procedure provided by law for the abandonment or other disposition of an unused public service easement. (Ord. 2000-017 § 2(l); Ord. 2000-013 § 1; prior code § 12.09.143)