Chapter 17.17
COVENANTS FOR EASEMENTS
Sections:
17.17.010 Creation of covenant for easements – Purposes.
17.17.020 Requirements for creation.
17.17.040 Recording – Contents – Effect.
17.17.050 Release of covenant – Procedure and hearing.
17.17.060 Recordation of release.
17.17.070 Fees for processing covenant for easement and release from covenant for easement.
17.17.080 Limitation upon enforcement of covenant.
17.17.010 Creation of covenant for easements – Purposes.
In addition to any other method for the creation of an easement, an easement may be created pursuant to this title and Cal. Gov’t Code §§ 65871 to 65875 by a recorded covenant of easement made by an owner of real property to the City. An easement created pursuant to this chapter may be for parking, ingress, egress, emergency access, light and air access, landscaping, or open space purposes. The covenant of easement may be required by the approving authority as a condition of approval of any tentative subdivision map, parcel map, zoning, rezoning, conditional use permit, variance or other land use entitlement, permit or similar approval granted to the owner of real property within the City by a public body of the City or by a public officer of the City. [Ord. 09-026.]
17.17.020 Requirements for creation.
At the time of recording of the covenant of easement, all the real property benefitted or burdened by the covenant shall be in common ownership. The covenant shall be effective when recorded and shall act as an easement pursuant to Cal. Civ. Code Division 2, Part 2, Title 2, Chapter 3 (commencing with Cal. Civ. Code § 801), except that it shall not merge into any other interest in the real property. Cal. Civ. Code § 1104 shall be applicable to conveyance of the affected real property. A covenant of easement recorded pursuant to this chapter shall describe the real property to be subject to the easement and the real property to be benefitted thereby. The covenant of easement shall also identify the approval, permit, or designation granted by the City and relied upon or required by the covenant. [Ord. 09-026.]
17.17.030 Enforcement.
A covenant executed pursuant to this chapter shall be enforceable by the owner or owners of the real property benefitted by the covenant and their successors in title. In addition, the City may enforce such covenant through any manner provided for by law for the enforcement of the covenant by a person who is a third party beneficiary of such a covenant. [Ord. 09-026.]
17.17.040 Recording – Contents – Effect.
The covenant of easement shall be executed by all persons having an interest in the property, as determined by the City Attorney, and delivered to the City Clerk for recordation by the City Clerk in the office of the Recorder of Solano County. The covenant shall contain a legal description of the real property. From and after the time of its recordation, the covenant shall impart notice thereof to all persons to the extent afforded by the recording laws of the State. Upon recordation, the burdens of the covenant shall be binding upon, and the benefits of the covenant shall inure to, all successors in interest to the real property. [Ord. 09-026.]
17.17.050 Release of covenant – Procedure and hearing.
Once a covenant for easement has been created, it shall only be released by resolution adopted by the Council following a noticed public hearing. The resolution adopted by the Council shall specifically release the property burdened with such easement from the effect of such covenant. The hearing shall be held upon the request of any person whether or not that person has title to the real property. Notice of the public hearing shall be given as provided in Cal. Gov’t Code § 65090 and shall include any notice required by Cal. Gov’t Code § 69092. If the application is not filed by all persons having an interest in the real property either benefitted or burdened by the covenant, then notice of said hearing, as defined by Cal. Gov’t Code § 65094, shall be given by the applicant to each such person who has an interest in the property and has not joined in the application not later than ten (10) days prior to the date of such hearing. Proof of the giving of such notice shall be provided by the applicant to the City Clerk not later than five (5) days prior to the date of said hearing. Any person seeking release of the covenant shall provide the City, at the time of filing of an application for such release, a title guarantee naming the City as the insured, listing all persons having a record interest in the property benefitted by and burdened by the covenant as of the date of the filing of said application. [Ord. 09-026.]
17.17.060 Recordation of release.
Upon a determination by the Council that the restriction of the property is no longer necessary to achieve the land use goals of the City, a release shall be executed by the Mayor and City Clerk and recorded by the City Clerk in the office of the Recorder of Solano together with a certified copy of the resolution authorizing such release. [Ord. 09-026.]
17.17.070 Fees for processing covenant for easement and release from covenant for easement.
The Council may adopt a resolution providing for the imposition of fees to recover the reasonable costs to the City of processing both the covenant for the easement and the release for the covenant for an easement. Said fees shall be in addition to any other fee imposed by ordinance or resolution of the City in connection with the processing of the approvals or entitlements listed in DMC 17.17.010. [Ord. 09-026.]
17.17.080 Limitation upon enforcement of covenant.
Nothing in this chapter shall create in any person other than the City and the owner of the real property burdened or benefitted by the covenant standing to enforce or to challenge the covenant or any amendment thereto or release therefrom. [Ord. 09-026.]