Encinitas Municipal Code § 26.9 Release of Easements

The District will consider undefined easements for relinquishment, on a case-by-case basis with no value assessed. The District will also relinquish defined easements on a case-by-case basis when in conformance with this policy and in the best interest of the District. A resolution of the Board of Directors is required to release an easement.

An undefined easement is generally considered a blanket easement, which covers the entire parcel. A defined easement is a right-of-way with a given length and width across a defined portion of a parcel.

(a) A processing fee, in an amount established by the District, must be paid to the District to cover staff time and administrative processing of the request. The person applying for the quitclaim must submit proof of property ownership and existence of the District easement, the legal description of the property, plus the recording date (date, book and page number of the easement to be released). The following must then be determined:

(1) Future need of easement by the District.

(2) Land value of easement appraised by a qualified appraiser.

(3) Whether the District or its predecessors purchased the easement and, if so, at what was the cost.

No value will be assessed to an easement to be quitclaimed if it meets the following criteria:

(b) If it is a defined easement and it was purchased by the District or its predecessors the value of the easement would normally be determined by one or more of the following methods:

(1) Equivalent land sales in the area multiplied by a factor of encumbrance. Generally, an encumbrance factor of 50% is used due to the limiting factors of land use placed in the easement document. The wording of the easement would determine the encumbrance factor.

(2) If the District or its predecessors purchase the easement, the actual cost is escalated to present day cost.

(3) An appraisal made by a qualified appraiser. The person requesting the quitclaim will pay the appraisal cost; however, the District will determine a list of three qualified appraisers from which the owner may select one.

The above described real property being quitclaimed includes “AC pipe and one fire hydrant lateral” [description of facilities] buried below the surface of the ground, which are being left in place in an “as-is” condition. Owner of Record acknowledges that the San Dieguito Water District is conveying all rights, title and interest to the easement, right-of-way, and abandoned pipeline to the Owner of Record in an “as-is” condition. Owner of Record further acknowledges that the District does not warranty the condition of the abandoned pipeline nor guarantee its fitness for any purpose. Owner of Record agrees to defend, indemnify, protect and hold harmless the San Dieguito Water District, each member of its Board of Directors, agents, officers and employees from and against any and all claims asserted or liability established for damages or injuries to any person or property including bodily injury to Owner of Record’s employees arising out of or in any manner directly or indirectly connected with Owner of Record’s use of the quitclaimed easement, right-of-way, and abandoned pipeline, however caused, except for the sole negligence, willful misconduct or active negligence of the San Dieguito Water District.

(Res. No. 2020-02, adopted 5/20/20)