California Surveyors Forums

Can someone please tell me what a public facilities easement is? I would appreciate something I can hang my hat on, if possible.
Thanks - Joe

It likely refers to an easement interest held by a Community Facilities District - a governmental entity created under the Mello-Roos Act.

Are you looking at a recorded easement? Who is the easement offered to? Is it an old easement or new easement? I suppose it could be some catch-all language for some type of public infrastructure located on private property that doesn't fall within your typical street, water, sewer, utility type of easement. Lots of things come to my mind that it could be meaning to encompass, such as a public restroom, cell tower or repeater, bus ticketing kiosk, public message board, electric vehicle charging station, meeting room for the public, etc. If it isn't obvious what the easement is for because there is no apparent infrastructure located in the easement, then the project's conditions of approval or an old set of plans might shed some light on its purpose.

I expect it to be similar to a "Public Utility Easement" (PUE). Just different terminology being used by that agency.

PLS7393 wrote:I expect it to be similar to a "Public Utility Easement" (PUE). Just different terminology being used by that agency.

Then what Warren said probably makes sense.

Sacramento County uses the following:

PUE: An easement for the purpose of public utilities including but not limited to water, sewer, gas and drainage pipes, poles, overhead lines and other appurtenances as County may deem necessary, over, across, through and under that certain property...

The standard is 12.5' wide.

PUPFE (Public Utilities and Public Facilities Easement): An Easement for Public Utilities including but not limited to water, sewer, gas and drainage pipes, poles, overhead lines, telephone, cable TV, underground power and other appurtenances as County may deem necessary, an Easement for Landscaping for the purpose of planting and maintaining landscaping and other incidental purposes as deemed necessary by the County, an Easement for Sidewalk for the installation and maintenance of a sidewalk or walkway, together with any appurtenances pertaining thereto, an Easement for Traffic Signal Facilities, together with any appurtenances pertaining thereto and an Easement for Street Lighting Facilities, including foundations, standards, conduit and any and all appurtenances pertaining thereto, together with the right to construct, reconstruct, operate and maintain all of the aforementioned, over, across, through and under that certain property...

The standard is 18' to 20' and is used when the right-of-way is at the back of curb with a detached sidewalk.

The Public Facilities Easement is granted to the City and seems to be used for sidewalk, driveways and landscape purposes. I think it's being used in the wrong context.

According U.S. Code Title 42 – Public Health and Welfare, "Public facility" means the following facilities owned by a State or local government:
(A) Any flood control, navigation, irrigation, reclamation, public power, sewage treatment and collection, water supply and distribution, watershed development, or airport facility.
(B) Any non-Federal-aid street, road, or highway.
(C) Any other public building, structure, or system, including those used for educational, recreational, or cultural purposes.

I looked at the Mello-Roos Act - Govermnet Code 53311-53317.5 and it’s also made reference in the Streets and Hwy Code Division 4.5 Notice of Special Assessment, Special Tax, and Foreclosures Proceedings.

I still don’t find much on what a public facility easement is. I'm thinking it’s a pseudo easement.

The Courts have held that an area restricted to pedestrian traffic, for example, a sidewalk, is a street, so it would come under (B) above:

§ 15:10.Easements for light, air, or view, 6 Miller & Starr Cal. Real Est. § 15:10 (4th ed.):
"The court held that an area restricted for public pedestrian traffic is a “street,” and the owner therefore held the normal abutter's rights of a property owner adjacent to a street. These rights include private easements in the adjacent street, including the right of ingress and egress from his property to the public street, and the right to receive light and air across the adjacent street." citing Short Line Associates v. City and County of San Francisco, 78 Cal. App. 3d 50, 55, 143 Cal. Rptr. 921 (1st Dist. 1978).

I've never heard of a "pseudo easement," do you have an authoritative cite for that?

Usually the instrument which creates the easement has language in it defining the term used to describe the easement. Jon Scarpa provided an example above. Read the whole instrument to find it. If it isn't in there then the next step is to ask the City what they may have in their ordinances, codes, or manuals which define the easement more specifically than "public facilities easement."

And in Section 8557 of California Government Code, it is defined as:
(f) "Public facility" means any facility of the state or a
political subdivision, which facility is owned, operated, or
maintained, or any combination thereof, through moneys derived by
taxation or assessment.

There are other definitions of Public Facilities in the California Code depending on which section you are in. The above pertains to emergencies.

What is the purpose of your question?