Chapter 17.59
EASEMENTS
Sections:
17.59.030 Easement vacations, releases, and encroachments.
17.59.010 Purpose.
The purpose of this chapter is to provide standards and practices for the protection, use, and release of easements throughout the city. [Ord. O-57-2024 § 2 (Exh. A)].
17.59.020 General standards.
The following standards shall apply to all easements located within the city unless otherwise noted:
A. Structures. No structure which cannot be removed shall be constructed across or within an easement.
1. Exception. Fencing, excluding screen walls, retaining walls, and golf course netting, may be placed across or in easements; provided, that the fencing does not interfere with the rights of the easement holder.
B. Developers and subdividers may be required to grant easements for utilities, maintenance, or other public purposes. [Ord. O-57-2024 § 2 (Exh. A)].
17.59.030 Easement vacations, releases, and encroachments.
Except as otherwise provided for or restricted by law, persons may petition for an easement to be vacated, released, or encroached upon, though approval may only be given on a case-by-case basis. To vacate, release, or encroach upon an easement, the petitioner must obtain and submit the following to the planning department:
A. A letter from each individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity that holds a right to the easement. The letter must specify that the holder of the easement is willing to vacate, release, or allow encroachment within the easement.
B. A letter from the city engineer stating that the city is willing to vacate, release, or allow encroachment with the easement.
C. Notwithstanding any other provision of this chapter, encroachment in a public utility easement by a structure which cannot be removed shall not be permitted. [Ord. O-57-2024 § 2 (Exh. A)].
17.59.040 Approval process.
A. Planning Director. The planning director shall be the land use authority for all applications submitted pursuant to this chapter, except applications to vacate, release, or encroach upon easements on the Ranches Golf Course or conservation easements located anywhere in the city. Upon receiving all necessary letters from easement holders and the city engineer as required in EMMC 17.59.030, the planning director shall prepare a notice of decision to be sent to the applicant and the city recorder.
B. Planning Commission. The planning commission shall be the land use authority for applications submitted pursuant to this chapter to vacate, release, or encroach upon a conservation easement. For conservation easements, the planning director shall schedule the matter before the planning commission to consider the application upon receiving all necessary letters from easement holders and the city engineer as required in EMMC 17.59.030.
C. Golf Course. The city council shall be the land use authority for applications submitted pursuant to this chapter to vacate, release, or encroach upon any easement located on the Ranches Golf Course. For easements located on the Ranches Golf Course, the planning director shall schedule the matter before the city council to consider the application upon receiving all necessary letters from easement holders and the city engineer as required in EMMC 17.59.030.
D. City Recorder. The city recorder shall file the notice of decision and record any documents pertinent to the requested vacation, release, or encroachment of an easement.
E. Agreement. Upon receiving approval from the planning director to encroach upon an easement, the applicant shall enter into an agreement with the city governing the terms of any encroachment. This subsection shall not apply in cases where the easement is vacated or released. [Ord. O-57-2024 § 2 (Exh. A)].