Easement on City Land for a Public Utility Agency

PaulBaum · Post by **PaulBaum** » Wed Sep 01, 2010 4:20 pm

If a Public Utility Agency intends to be granted an easement on City Property (land, which could be transferred at a later date), would the City accept the Easement at Council, or would the Public Utility Agency accept at their board meeting? This is the first in dealing with this, any help would be appreciated.

subman · Post by **subman** » Wed Sep 01, 2010 7:37 pm

It depends. If the utility is a special district, for example a County Waterworks District, the Board of Supervisors (acting as the BOS of the County) would grant the easement to the CWWD and the BOS acting as the Board of Directors of the CWWD would accept the easement. Sometimes a City Council or a County Board of Supervisors wear many different hats.

PaulBaum · Post by **PaulBaum** » Thu Sep 02, 2010 6:24 am

SteveGardner wrote:I don't know what a Public Utility Agency is. Is that a department of the City? Or is it a separate entity from the City? If it's City property and the easement is intended to be granted across the property to a City agency, maybe some form of easement agreement could be recorded, but maybe not even necessary. I don't see how the City could accept the easement at Council if it's on their own property. Who would be the grantor?

Inland Empire Utilities Agency (IEUA) is placing recycled water lines on City land (not in the street). Would they take a grant of easement to City Council or would IEUA take an Easement Deed to their board?

PaulBaum · Post by **PaulBaum** » Thu Sep 02, 2010 6:50 am

Greg Sebourn wrote:Council would have to GRANT the easement and the District would then have to ACCEPT the grant of easement. It's just like any other parties doing the same thing. Also, a license may be granted/issued instead of an easement.

Thank you Greg, this makes absolute sense!

subman · Post by **subman** » Thu Sep 02, 2010 7:13 am

Steve,

Like a good surveyor, you followed my foot steps and re-stated it correctly in your terms!

PaulBaum · Post by **PaulBaum** » Thu Sep 02, 2010 7:51 am

subman wrote:Steve,

Like a good surveyor, you followed my foot steps and re-stated it correctly in your terms!

Thank you also subman!

JoeC · Post by **JoeC** » Sun Sep 05, 2010 10:36 pm

There are a couple of variables.

If the City or County is granting an easement to a Public Agency for their own private use then the Governing body (City or County) would typically do that at their Council meeting, after Council approves the grant the Public Agency would then attach an acceptance certificate to the back of the deed and record it.

Now if the City was granting a public utility easement (PUE). The City would usually do that with a resolution at their board meeting granting to the public a PUE and accepting the PUE on behalf of the public. A deed would then be recorded with the resolution attached.

I hope this makes sense if not contact your local County Surveyor they are a great wealth of knowledge.

Good Luck..