SECTIONS 8340-8341 - California Statutes

STREETS AND HIGHWAYS CODE

SECTION 8340-8341

8340. In a proceeding to vacate a street or highway:
(a) A public entity may reserve and except from the vacation the
easement and right at any time, or from time to time, to construct,
maintain, operate, replace, remove, and renew sanitary sewers and
storm drains and appurtenant structures in, upon, over, and across a
street or highway proposed to be vacated and, pursuant to any
existing franchise or renewals thereof, or otherwise, to construct,
maintain, operate, replace, remove, renew, and enlarge lines of pipe,
conduits, cables, wires, poles, and other convenient structures,
equipment, and fixtures for the operation of gas pipelines,
telegraphic and telephone lines, railroad lines, and for the
transportation or distribution of electric energy, petroleum and its
products, ammonia, and water, and for incidental purposes, including
access to protect these works from all hazards in, upon, and over the
street or highway proposed to be vacated.
(b) A local agency may reserve and except from vacation an
easement for a future street or highway, unless the local agency
finds that the street or highway is unnecessary for prospective
public use.
(c) If there are in-place public utility facilities that are in
use, a public entity shall, unless the legislative body determines
the public convenience and necessity otherwise require, reserve, and
except from the vacation any easement and right necessary to
maintain, operate, replace, remove, or renew the public utility
facilities.
(d) A public entity may reserve and except from the vacation, or
may grant to another state or local public agency, an easement and
right, at any time or from time to time, to construct, maintain,
operate, replace, remove, and renew vehicular or nonvehicular trails
for use by the public in, upon, over, and across a street or highway
proposed to be vacated.

8341. (a) In a proceeding to vacate a street or highway, if the
legislative body determines that the public convenience and necessity
require the reservation and exception of easements and rights-of-way
for works enumerated in Section 8340, such reservations and
exceptions shall be recited in the resolution of vacation, in
addition to any other matter required to be recited therein. The
recital may describe the reservations and exceptions by reference to
a precise map which is recorded or to which reference is made in the
resolution and which is permanently maintained by the public entity.
(b) Subsequent proceedings of the public entity in relation to the
vacation, including a deed or conveyance of title to or an interest
in the property, are subject to, and governed by, the reservations
and exceptions recited in the resolution of vacation and the deed or
conveyance shall contain a recital to that effect.