17.170.010 General
17.170.015 Procedures
17.170.020 Content of Covenant
17.170.025 Release of Covenant--Procedure
(a) Authority for Adoption - This Chapter is adopted pursuant to Government Code Sections 65870 to 65875.
(b) Application of This Chapter to Development Projects - This Chapter shall apply to all development projects approved by the City, its City Council, Planning Commission, voters, officers, and employees, which are not a part of the subdivision process, and acts independently from any other authority or method for the City to require an easement.
The provisions of this Chapter shall only apply when:
(1) The covenant for easement is for:
A. Parking;
B. Ingress, egress, or emergency access;
C. Light and/or air access;
D. Landscaping; and/or
E. Open space purposes.
(2) At the time of recording the covenant of easement, all the real property benefitted or burdened by said covenant shall be in common ownership.
(3) When the development project for which the approval is sought is not an approval under the Subdivision Map Act.
Whenever the Planning Commission or City Council determines, independently or based upon the recommendation of City staff, that a Covenant of Easement is needed for one or more of the purposes identified in Section 17.170.010(b)(1), the approval, permit, or designation shall not become effective unless or until said Covenant of Easement is recorded.
(a) Whenever a Covenant of Easement is required herein, the Covenant shall either:
(1) Be in a form and manner approved by the City Attorney based upon the advise of the City Engineer and Planning Director; or,
(2) Be prepared by the City Attorney. Whenever the City Attorney prepares a Covenant of Easement, the City shall be entitled to reimbursement from the applicant for the costs associated therewith.
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 Adelanto Municipal Code Section 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.
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