This chapter provides procedures for the creation of easements
through the execution and recordation of covenants, pursuant to California
Government Code Sections 65870 to 65875.
(Ord. 19-408 § 1)
Whenever a covenant of easement is required, the covenant shall
be either:
A. In
a form and manner approved by the city attorney based upon the advice
of the city engineer and community development director; or
B. Whenever
the city attorney prepares a covenant of easement, the city shall
be entitled to reimbursement from the applicant for all associated
costs.
(Ord. 19-408 § 1)
A covenant of easement required by this chapter shall contain,
at a minimum, the following elements:
A. Identification
of the owner or owners of the real property to be burdened, including
a statement that both the burdened and benefited parcels are under
common ownership.
B. A consent
to the covenant of easement and its recording by the record owner
or owners to the covenant.
C. Identification
and legal description of the real property to be benefited and to
be burdened by the covenant.
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 the easement and covenant of easement shall not merge into any other interest in real property pursuant to California
Government Code Section 65871(b).
E. A statement
that the 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 benefited, and
be subject to California
Civil Code Section 1104.
F. A statement
of the purpose of the easement (i.e., for access, parking, etc.).
G. Identification
of the approval, permit, or designation granted which required the
covenant.
H. A statement
identifying the Lathrop Municipal Code section which sets forth the
procedure for release of the covenant.
(Ord. 19-408 § 1)
The community development director or the city manager's designee
may accept an easement on behalf of the city when such an easement
is required as a condition of a land use approval, permit or designation
pursuant to this title.
(Ord. 19-408 § 1)
Pursuant to and in accordance with the provisions hereinafter
set forth in this part, the planning commission and the city council,
on appeal from a decision of the planning commission, may approve
and authorize recordation of a release of a covenant of easement.
(Ord. 19-408 § 1)