Chapter 23.95 — COVENANT OF EASEMENT

Sections:

23.95.010 Creation of easement.

23.95.015 Description of property.

23.95.020 Authorization for covenant.

23.95.025 Enforcement.

23.95.030 Execution.

23.95.035 Release of covenant.

In addition to any other method for the creation of an easement, an easement may be created by the recordation of a covenant of easement made by the 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. (Ord. 654 § 2 (part), 1987)

Any covenant of easement created pursuant to this section shall describe the real property benefited or burdened by the covenant and shall be effective when recorded, and shall act as an easement pursuant to the provisions of Chapter 3 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. (Ord. 654 § 2 (part), 1987)

A covenant of easement recorded pursuant to this section shall describe the real property to be subject to the easement and the real property to be benefited thereby, and shall identify the approval, permit, or designation granted which relied upon or required the granting of the covenant. (Ord. 654 § 2 (part), 1987)

Any covenant of easement executed pursuant to this section shall be enforceable by the successors in interest to the real property benefited by the covenant. (Ord. 654 § 2 (part), 1987)

A covenant of easement shall contain a legal description of the real property and be executed by the owner of the real property. (Ord. 654 § 2 (part), 1987)

Any covenant of easement recorded pursuant to the provisions of this chapter may be released pursuant to the following procedure:

(a) A public hearing shall be conducted by the city council, which public hearing shall be held at the request of any person, whether or not that person has title to the real property;

(b) If the city council determines 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, with the county recorded;

(c) Fees, in an amount which the city council may from time to time by resolution determine, shall be charged for processing the release and shall be payable by those persons requesting the release of the covenant. (Ord. 654 § 2 (part), 1987)

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