Any covenant of easement prepared pursuant to this chapter shall
contain, at a minimum, the following elements:
A. Identification
of the owner and/or owners of the real property to be burdened, including
a statement that both the burdened and benefitted parcels are under
common ownership;
B. A consent
to said covenant of easement and the recording thereof by the record
owner and/or owners to the covenant;
C. Identification
of the real property to be benefitted and to be burdened by said covenant
including a legal description of the same;
D. A statement that said covenant shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title
2 of Part 2 of Division 2 of the California
Civil Code, including an express statement that said easement and covenant of easement shall not merge into any other interest in real property pursuant to California
Government Code Section 65871(b);
E. State
that said covenant of easement shall run with the land, be binding
upon all successors in interest to the burdened real property, inure
to all successors in interest to the real property benefitted, and
shall be subject to California
Civil Code Section 1104;
F. Identify
the approval, permit or designation granted which required the covenant;
G. A statement
identifying the Temecula development and/or municipal code section(s)
which sets forth the procedure for release of the covenant;
H. An
appropriate section for execution of said covenant of easement by
the record owner or owners of the subject real property.
(Ord. 95-16 § 2)
Any person may request that the city make a determination as
to whether or not the restriction imposed by the covenant of easement
is still necessary to achieve the city's land use goals. The determination
of the need for the covenant of easement shall be made by the body,
i.e., city council, planning commission or planning director that
took final action on the original application. A person shall be entitled
to only one such determination in any twelve-month period.
A. To
obtain a determination mentioned above, a "request for determination"
application shall be made and filed with the city clerk. Said application
shall include a fee as set by resolution of the city council.
B. Upon receipt of a completed application, the city clerk shall set the matter for public hearing before the planning director, planning commission, or city council, as appropriate, and cause notice thereof to be given pursuant to
Government Code Section 65090 and Section
17.03.040 of this development code.
C. At
the conclusion of the public hearing, the planning director, planning
commission or city council, as appropriate, shall determine and make
a finding, based upon substantial evidence in the record, whether
or not the restriction imposed by the covenant of easement is still
necessary to achieve the land use goals of the city. If the planning
director, planning commission or city council, as appropriate, determines
that the covenant for easement is still required, the planning director,
planning commission or city council, as appropriate, shall by resolution
determine that the need still exists.
D. If
the planning director, planning commission or city council, as appropriate,
finds that the covenant of easement is no longer necessary, the planning
director, planning commission, or city council, as appropriate, shall
by resolution make the determination and finding and direct the city
attorney to prepare a release thereof and transmit the same to the
city clerk for recording.
E. Planning director and/or planning commission action on the continuing need for the covenant of easement is subject to appeal in accordance with Section
17.03.090 et seq. of this development code.
F. The city council's determination in subsections
C and
D of this section shall be final and conclusive.
(Ord. 95-16 § 2; Ord. 99-16 § 2(VV))