§ 9-71.060. Covenants of Easements

A.

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 Covenant of Easement may be required to provide for emergency access, landscaping, light and air access, ingress and egress, parking, or for open space.

1.

A Covenant of Easement may be required to provide for emergency access, landscaping, light and air access, ingress and egress, parking, solar access, or for open space.

2.

The Covenant of Easement may be imposed as a condition of approval by the review authority.

B.

Form of covenant. The form of the Covenant shall be approved by the City Attorney, and the Covenant of Easement shall:

1.

Describe the real property to be subject to the easement;

2.

Describe the real property to be benefitted by the easement;

3.

Identify the City approval or permit granted which relied on or required the Covenant; and

4.

Identify the purpose(s) of the easement.

C.

Recordation. The Covenant of Easement shall be recorded in the County Recorder's Office.

D.

Effect of covenant. From and after the time of its recordation, the Covenant of Easement shall:

1.

Act as an easement in compliance with State law [Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the Civil Code], 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

2.

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.

E.

Enforceability of covenant. The Covenant of Easement shall be enforceable by the successors-in-interest to the real property benefitted by the Covenant and the City. Nothing in this Section creates standing in any person, other than the City, or any owner of the real property burdened or benefitted by the Covenant, to enforce or to challenge the Covenant or any requested amendment or release.

F.

Release of covenant. The release of the Covenant of Easement may be effected by the Commission, or the Council on appeal, following a noticed public hearing in compliance with Chapter 9-74 (Public Hearings).

1.

The Covenant of Easement may be released by the City, at the request of any person, on a finding that the Covenant, on the subject property, is no longer necessary to achieve the land use goals of the City.

2.

A notice of the release of the Covenant of Easement shall be recorded by the Director with the County Recorder's Office.

G.

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 Schedule of Service Charges.

(§ 5, Ord. 1085, eff. January 6, 2006)