A. Applicability.
1. Covenant for Easement May Be Required. When necessary to achieve the land use goals of the City, the City may require a property owner holding property in common ownership to execute and record a Covenant for Easement in favor of the City, in compliance with Government Code Sections 65870 et seq.
2. Required Provisions. A Covenant for Easement may be required to provide for emergency access, ingress and egress, landscaping, light and air access, open space, parking, reciprocal access, or for solar access.
B. Condition of Approval. The Covenant for Easement may be imposed as a condition of approval by the applicable review authority.
C. Definitions. For purposes of this Section, the following words, terms, and phrases, when used in this Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
1. Easement. An easement is usually for the benefit of other than the property owner, and is an interest in land that belongs to someone else and creates an encumbrance on that land. It is created by grant of easement and accompanied by a legal description and plat of the easement which are recorded against the property at the Office of the County Recorder.
2. Irrevocable Offer of Dedication. This is an actual offer of dedication for future right-of-way. The offer is recorded, but does not go into effect until the Council authorizes and accepts the right-of-way. The exhibits used are the same as for any other dedication, a legal description and a plat showing its location.
3. Partial Reconveyance. If a landowner has a loan against the subject property, there is a first deed of trust on the property. The City requires that all property purchased from a property owner be free and clear of all encumbrances. This requires a release (Partial Reconveyance) from the lender for that portion of the property the City is acquiring.
4. Reciprocal Access Easement. This is an agreement between parties owning adjacent properties. This allows all owners of property that have entered into this agreement the right of access over the owner’s property. This instrument is used for ingress and egress, parking, sanitary sewer, water and storm drainage across, over, or under each property for the benefit of each party.
5. Right-of-Entry. Gives the City the right to enter across, over, under, or upon the grantor's property and is usually used to allow construction to proceed before right-of-way being acquired.
D. Form of Covenant. The form of the Covenant shall be approved by the City Attorney, and the Covenant for Easement shall:
1. Describe Property. Describe the real property subject to (i.e., burdened by) the easement;
2. Describe Property to be Benefited. Describe the real property to be benefited by the easement;
3. Planning Permit. Identify the City permit or approval that relied on or required the Covenant; and
4. Purpose of Easement. Identify the purpose(s) of the easement.
E. Recordation. The Covenant for Easement shall be recorded in the County Recorder’s Office.
F. Effect of Covenant. From and after the time of its recordation, the Covenant for Easement shall:
1. Act as an Easement. Act as an easement in compliance with 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. Civil Code Section 1104 shall be applicable to the conveyance of the affected real property; and
2. Impart Notice. Impart notice to all persons to the extent afforded by the recording laws of the State. Upon recordation, the burdens of the Covenant shall be binding on, and the Covenant shall benefit, all successors-in-interest to the real property.
G. Enforceability of Covenant. The Covenant for Easement shall be enforceable by the successors-in-interest to the real property benefited by the Covenant and the City. Nothing in this Section creates standing in any person, other than the City, and any owner of the real property burdened or benefited by the Covenant, to enforce or to challenge the Covenant or any requested amendment or release.
H. Release of Covenant. The release of the Covenant for Easement may be affected by the Council, or under an appeal, following a noticed public hearing in compliance with Chapter 10.116 (Public Notices and Hearings).
1. May Be Released by City. The Covenant for Easement may be released by the City, at the request of any person, including the City or an affected property owner, on a finding that the Covenant, on the subject property, is no longer necessary to achieve the land use goals of the City.
2. Recordation of Notice. A notice of the release of the Covenant for Easement shall be recorded with the County Recorder’s Office.
I. Fees.
1. The City shall impose fees to recover the City’s reasonable cost of processing a request for a release.
2. Fees for the processing shall be established by the Planning Fee Schedule. (Ord. 935 § 3 (part), 2015)