California Surveyors Forums

What is the difference between “Vacation” and “Quitclaim” and in what circumstances should either be used?

Also, is the quitclaim deed a proper instrument for termination of rights of an easement by a local government agency?

A local agency will accept an offer of dedication of a public easement in order for it to become valid. To vacate a public right of way, procedures contained in the Streets and Highways Code must be followed, including making certain findings. The legislative body adopts a Resolution and records it to complete the process.

Public utilities easements are abandoned. This can be done by final or parcel map, or by either the legislative body or its designee by Resolution.

A quitclaim deed would be appropriate if a local agency desires to divest itself of fee title interest in a parcel of land, but the preferred method would be by Grant Deed, after following procedures relating to proper appraisals and other considerations dealing with public funds.

I should be more specific. This is for a water easement, and the City is the sole beneficiary.

The easement is located on private property.

A portion of the easement has not been used for more than 5 years. There are no water facilities located within this portion.

The property owner is requesting to partial quitclaim the easement.

The City has not delegated the authority to any public officer or employee.

So my follow-up question is, is “Summary Vacation,” as described in Streets and Highways Code, the only solution for this scenario?

What do you mean by "...partial quitclaim..."? Part of the rights or part of the physical easement?

Is the use for a city building, as in, this serves the 12th Street Maintenance Yard? Or is the use for the population, as in, this easement provides access and pipe races for the 12th Street Water Distribution Pumping Facility?

It is a physical partial quitclaim of the easement. See attached.

The easement is located on private commercial property as part of a shopping center.

The easement is a 15’ & 8’ wide water easement of City … per document #.... The water main passes through the 15’-wide part of the easement. The 8’-wide strips of the easement are used for fire hydrants and water meters. The fire hydrant and water meter on those portions of the easement that are proposed to be quitclaim were relocated to another part of the easement.

For termination of a Public Service Easement (PSE) Streets and Highways Code [8000-8363] must be followed.

My question is, since this easement is a single-use purpose easement (water-only purposes vs. PSE) and the only beneficiary of the easement is the City and no other public utility or entity or anybody else for that matter has right over this easement, do we have to process Vacation or Summary Vacation as described in Streets and Highways Code [8000-8363]?

Do we have any other way to do this?

Nahid, isn't this a question for the title insurance company/ land use attorney? We provide the description of what needs to be gone and they provide the process to make it gone and ultimately remove it from the title report. All are happy.
My 2 cents, Jon

If I was the agency, I would require you to process the abandonment through a summary vacation. I am of the opinion that a "Public Service Easement" encompasses most any type of easement used by the public, particularly utility easements, thus is subject to the vacation requirements of the S&H code. Recordation of the abandonment resolution is typically sufficient to notify title companies and others that the easement was abandoned, but I was asked a few times by developers to follow-up the summary vacation with a quitclaim deed, and we did that.

Supposing that the FH and its lateral were in a WLE, and the FH is relocated as part of site redevelopment, then the city should grant vacation of the unused portions of the ex. WLE. Especially if there's a building on it, and the city has granted a building or occupancy permit. I'd talk to the public works dept.

Let us know what happens!