Bakersfield Municipal Code Ch. 12.60 Creation of Easements by Recorded Covenants

It is the purpose of this chapter to implement the provisions of Article 2.7 (commencing with Section 65870) of Chapter 4 of Division 1, Title 7, of the California Government Code, subject to the limitations specified in Section 65875 thereof. (Ord. 3081 § 1, 1987)

Whenever an easement for parking, ingress, egress, emergency access, light and air access, landscaping or open space purposes is required by the city to be made in connection with approval of any subdivision, site plan, building permit, general plan or zoning amendment, or in satisfaction of such requirement imposed pollutant to any adopted city procedure, regulation or ordinance, such easement may be created by recorded covenant, provided:

A. At the time of recording of the covenant of easement, all the real property benefited or burdened by the covenant is under common ownership;

B. The covenant of easement contains a legal description of the real property to be subject to the easement and of the real property to be benefited thereby, identifies the approval, permit or designation granted which relies upon or required the covenant, and is executed by the owner of the real property. (Ord. 3081 § 1, 1987)

A. Upon application by any person, and payment of the fee therefor, the planning commission shall hold a public hearing to determine whether the restriction of the property is no longer necessary to achieve the land use goals of the city. The decision of the planning commission following such hearing shall be final.

B. Provided a determination is made by the planning commission that such restriction is no longer necessary, the public works manager shall record a release of such covenant, with applicant paying all applicable recording fees. (Ord. 4987 § 1, 2019; Ord. 3081 § 1, 1987)