In addition to any other method for the creation of an easement,
an easement may be created pursuant to this chapter by a recorded
covenant or easement made by an owner of real property to the city.
An easement created pursuant to this chapter may be for parking, ingress,
egress, emergency access, light and air access, landscaping, or open
space purposes.
(Prior code § 9506.1.010)
At the time of recording of the covenant of easement, all the real 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 II of Part 2 of Division
2 of the
Civil Code, except as the same may be amended, 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.
(Prior code § 9506.1.020)
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 benefited thereby. The covenant of easement shall also
identify the approval, permit, or designation granted which relied
upon or required the covenant. A covenant executed pursuant to this
chapter shall be enforceable by the successor in interest to the real
property benefited by the covenant.
(Prior code § 9506.1.030)
The covenant of easement shall be recorded in the county where
all or a portion of the restricted property is located and shall contain
a legal description of the property to be executed by the owner of
the real property. From and after the time of this 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.
(Prior code § 9506.1.040)
A covenant of easement may be released by the city upon the
application of any person whether or not the person has title to the
real property. When filing the application for release of the covenant,
the planning commission secretary shall set the matter of the release
for public hearing and give a written 10 day notice to all property
owners within a radius of 300 feet from the property for which the
release is sought. This hearing shall be held before the planning
commission and, upon a determination that the restriction of the property
is no longer necessary to achieve the land use goals of the city,
a release shall be recorded by the city in the county where the property
is located. The decision of the planning commission shall be deemed
final unless appealed.
(Prior code § 9506.1.050)
The appeal procedure from a planning commission determination
regarding release of a covenant or easement, and the fees prescribed
therefor, shall be the same as those prescribed for a variance appeal
as the same may be adopted from time to time.
(Prior code § 9506.1.060)
The fees for the filing of the application shall be collected
by the planning commission secretary and shall be the same as those
required for a filing of a variance, as they may be adopted from time
to time by the city.
(Prior code § 9506.1.070)