Whenever under the provisions of this Code an easement is necessary
or required for parking, ingress, egress, emergency access, light
and air access, landscaping or open space purposes, the easement may
be created by a covenant pursuant to this Section.
(Ord. 432 § 1, 1998)
At the time of recording of the covenant of easement all the property benefited 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 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. Section 1104 of the Civil Code shall be applicable to conveyance of the affected real property. The covenant of easement shall describe the real property subject to the easement and the real property benefited by the easement. The covenant of easement shall also identify the approval permit or designation granted which relied upon or required the covenant.
(Ord. 432 § 1, 1998)
A covenant of easement shall be enforceable by the City, by
the owner of the real property benefited by the covenant, and by the
successors in interest to the real property benefited by the covenant.
The covenant of easement shall be recorded in the office of the County
Recorder. The burdens of the covenant shall be binding upon and the
benefits of the covenant shall insure to all successors in interest
to the real property.
(Ord. 432 § 1, 1998)
A covenant of easement may be released upon the application of any person after a public hearing by the Planning Commission. Notice of the public hearing shall be given pursuant to Section 21.06.100 of this Code.
The Planning Commission may authorize the City Attorney to record
a release of the covenant if it determines that the restriction of
the property is no longer necessary to achieve the land use goals
of the City. An application for release of a covenant shall be accompanied
by a fee in an amount designated by City Council resolution. A request
for release of a covenant of easement may be consolidated with any
other application for discretionary approval under this Code.
(Ord. 432 § 1, 1998)
