Chapter 18.525
COVENANTS OF EASEMENTS
Sections:
18.525.040 Effect of covenant.
18.525.050 Enforceability of covenant.
18.525.060 Release of covenant.
18.525.010 Applicability.
When necessary to achieve the land use goals of the city, the city may require a property owner holding property in common ownership to execute and record a covenant of easement in favor of the city, in compliance with state law. (Government Code Sections 65870 et seq.)
A. A covenant of easement may be required to provide for emergency access, access to an on-site public art feature for maintenance, landscaping, light and air access, ingress and egress, parking, solar access, or for open space.
B. The covenant of easement may be imposed as a condition of approval by the review authority. [Ord. 12-4. DC 2012 § 122-1289].
18.525.020 Form of covenant.
The form of the covenant shall be approved by the city attorney, and the covenant of easement shall:
A. Describe the real property to be subject to the easement;
B. Describe the real property to be benefitted by the easement;
C. Identify the city approval or permit granted which relied on or required the covenant; and
D. Identify the purposes of the easement. [Ord. 12-4. DC 2012 § 122-1290].
18.525.030 Recordation.
The covenant of easement shall be recorded in the county recorder’s office. [Ord. 12-4. DC 2012 § 122-1291].
18.525.040 Effect of covenant.
From and after the time of its recordation, the covenant of easement shall:
A. Act as an easement in compliance with Civil Code Section 801 et seq., except that it shall not merge into any other interest in the real property. Civil Code Section 1104 shall be applicable to the conveyance of the affected real property; and
B. Impart notice to all persons to the extent afforded by the recording laws of the state. Upon recordation, the burdens of the covenant shall be binding on, and the covenant shall benefit, all successors-in-interest to the real property. [Ord. 12-4. DC 2012 § 122-1292].
18.525.050 Enforceability of covenant.
The covenant of easement shall be enforceable by the successors-in-interest to the real property benefited by the covenant and the city. Nothing in this section creates standing in any person, other than the city, and any owner of the real property burdened or benefited by the covenant, to enforce or to challenge the covenant or any requested amendment or release. [Ord. 12-4. DC 2012 § 122-1293].
18.525.060 Release of covenant.
The release of the covenant of easement may be effected by the planning commission or the city council on appeal, following a noticed public hearing in compliance with Chapter 18.500 CDC (Public Hearings).
A. The covenant of easement may be released by the city at the request of any person, including the city or an affected property owner, on a finding that the covenant on the subject property is no longer necessary to achieve the land use goals of the city.
B. A notice of the release of the covenant of easement shall be recorded by the planning division with the county recorder’s office. [Ord. 12-4. DC 2012 § 122-1294].
18.525.070 Fees.
The city shall impose fees to recover the city’s reasonable cost of processing a request for a release. Fees for the processing shall be established by the city’s fee schedule. [Ord. 12-4. DC 2012 § 122-1295].