Camarillo Municipal Code Ch. 19.69 Covenants for Easements

Pursuant to California Government Code sections 65870 through 65875, easements can be created by a recorded covenant of easement made by an owner of real property to the city. Such a covenant may be for parking, ingress, egress, emergency access, light and air access, landscaping or open space purposes and shall be established as follows:

A. At the time of recording of the covenant, 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 2 of Part 2 of Division 2 of the California 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.

B. The covenant upon recordation shall describe the real property to be subject to the easement and the real property to be benefited thereby. It shall also identify the approval, permit or designation granted which relied upon or required the covenant.

C. The successors of interest to the real property benefited by the covenant can enforce the covenant.

D. The covenant 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 real property and be executed by the owner of the real property.

E. 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.

(Ord. 609 § 1 (part), 1986.)

The procedure for release of a covenant granted pursuant to Section 19.69.010, shall be as follows:

A. Upon application by any person whether or not that person is the real property owner, the city council shall hold a public hearing regarding the release of the covenant.

B. Upon a determination by the city council 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 restricted property is located.

C. The city may recover the reasonable costs of processing the release from those persons requesting the release pursuant to this section.

(Ord. 609 § 1 (part), 1986.)

Nothing in this chapter shall create in any other person other than the city and the owner of the real property burdened or benefited by the covenant standing to enforce or to challenge the covenant or any amendment thereto or release therefrom. In addition, any other method for the creation of an easement, including through conveyance of real property or through express or implied dedication, is still valid.

(Ord. 609 § 1 (part), 1986.)