In addition to any other method for the creation of an easement,
an easement may be created pursuant to this chapter and Government
Code Sections 65871 to 65875 by a recorded covenant of easement made
by an owner of real property to the town. An easement created pursuant
to this chapter may be for parking, ingress, emergency access, light
and air access, landscaping or openspace purposes. The covenant of
easement may be required 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 town by a public
body of the town or by a public officer of the town.
(Ord. 164 § 1, 1996)
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 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. 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 town and relied upon or required by the covenant.
(Ord. 164 § 1, 1996)
A covenant executed pursuant to this chapter shall be enforceable
by the successors in interest to the real property benefitted by the
covenant. In addition, the town 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. 164 § 1, 1996)
The covenant of easement shall be executed by all persons having
an interest in the property, as determined by the town attorney, and
delivered to the town clerk for recordation by the town clerk in the
office of the recorder of Placer 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. 164 § 1, 1996)
Once a covenant or easement has been created, it shall only
be released by resolution adopted by the town council following a
noticed public hearing. The resolution adopted by the town 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
Government Code Section 65090 and shall include any notice required
by
Government Code Section 65092. 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 such hearing, as defined
by
Government Code Section 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 days prior to the date
of such hearing. Proof of the giving of such notice shall be provided
by the applicant to the town clerk not later than five days prior
to the date of such hearing. Any person seeking release of the covenant
shall provide the town, at the time of filing of an application for
such release, a title guarantee naming the town 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. 164 § 1, 1996; Ord. 207 § 38, 2003)
Upon a determination by the town council that the restriction
of the property is no longer necessary to achieve the land use goals
of the town, a release shall be executed by the mayor and town clerk
and recorded by the town clerk in the office of the county recorder
of Placer County together with a certified copy of the resolution
authorizing such release.
(Ord. 164 § 1, 1996)
The town council may adopt a resolution providing for the imposition of fees to recover the reasonable costs to the town of processing both the covenant for the easement and the release for the covenant for an easement. Such fees shall be in addition to any other fees imposed by ordinance or resolution of the town in connection with the processing of the approvals or entitlements listed in Section
12.20.010.
(Ord. 164 § 1, 1996)
Nothing in this chapter shall create in any person other than
the town 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. 164 § 1, 1996)