Chapter 12.30


12.30.010    Authority to define.

12.30.010 Authority to define.

Where any ordinance vacating a portion of a street or right-of-way reserved an easement to the city or public but does not define the easement’s width, the city council authorizes the city manager, in consultation with the public works director, and without further action by the city council, to execute necessary documents that define the width of the easement, subject to such terms and conditions as the city manager deems appropriate. In defining an easement, the city manager shall take into account existing utilities and city plans and needs that may affect the easement. The city manager shall not have any authority to release the easement in its entirety, or to define an easement less than 16 feet in width.

Generally, easements would include the following conditions:

A. The city shall have the right at all times to enter the described easement area for the purpose of inspections and maintaining the property, including but not limited to inspecting, maintaining, improving, repairing, constructing, reconstructing, locating, and relocating any utility improvements, and removing vegetation or trees. This is subject to subsections B and E of this section, and to the city giving 24 hours’ notice except in the case of an emergency.

B. Any costs associated with inspection, maintenance, improvement, repair, construction, reconstruction, and improvements upon the property undertaken by the city shall be borne by the city.

C. The easement shall be binding upon the abutting owners and the city and their successors and assigns, and constitutes a covenant running with the land.

D. Structures and/or permanent storage within the above-described easement area are prohibited. This does not apply to fences. Trees or vegetation which in the opinion of the city are or may become detrimental to the purpose and function of any utility shall be removed by the owner.

E. In connection with any inspection, maintenance, improvement, repair or construction or reconstruction, the city shall restore the property (the easement area and any immediately adjacent area) to rough grading, but is not responsible for any restoration or repair of landscaping, vegetation, fences, or any improvements within the easement area. (Ord. 3047 § 1, 2010).