Delano Municipal Code Ch. 12.40 Covenant of Easement

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, regarding the creation of easements through the execution and recording of covenants.

(Ord. No. 2024-1349, § 4, 8-19-2024)

In addition to any other method for the creation of an easement, as easement may be created by a recorded covenant of easement made by an 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. No. 2024-1349, § 4, 8-19-2024)

At the time of recording of the covenant of easement, 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 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. No. 2024-1349, § 4, 8-19-2024)

A covenant executed pursuant to this chapter shall be enforceable by the successors in interest to the real property benefited by the covenant.

(Ord. No. 2024-1349, § 4, 8-19-2024)

A covenant of easement recorded pursuant to this chapter shall describe the real property to be subject to the easement and the real property to be benefited thereby. The covenant of easement shall also identify the approval, permit, or designation granted which relied upon or required the covenant. The covenant of easement shall be recorded in the county recorder's office and shall contain a legal description of the real property and be executed by the owner of the real property. From and after the time of its recordation, the covenant shall impart notice thereof to all persons to the extent afforded by the recording laws of this state. 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. No. 2024-1349, § 4, 8-19-2024)

Upon written request from any person, whether or not that person has title to the real property, the city council shall hold a public hearing regarding the release of a covenant of easement recorded pursuant to this chapter. The covenant of easement may be released 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. Said determination shall be made based upon a preponderance of the evidence presented at the public hearing. If the city council so determines, a release shall be recorded by the city in the official records of the county within thirty days following the public hearing.

(Ord. No. 2024-1349, § 4, 8-19-2024)

The city may impose fees to recover the city's reasonable cost of processing a request for a release. The amount of the fees shall be specified in a resolution adopted by the city council.

(Ord. No. 2024-1349, § 4, 8-19-2024)

Nothing in this article shall create in any 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.

(Ord. No. 2024-1349, § 4, 8-19-2024)