East Palo Alto Municipal Code Ch. 18.110 Covenants of Easement

The purpose of this chapter is to provide for the creation of an easement by a recorded Covenant of Easement by an owner of real property, as authorized by Government Code Section 65871, for parking, ingress, egress, emergency access, light and air access, landscaping, open space purposes, or access to and/or operation and maintenance of a water or stormwater treatment measure.

At the time of recording of the Covenant of Easement, all the real property benefited or burdened thereunder shall be in common ownership.

A covenant of easement recorded pursuant to this chapter shall be executed by the owner of the burdened property and shall include:

1. A legal description of the real property to be subject to the easement; and

2. A legal description of the real property to be benefited by the easement; and

3. Identification of the approval, permit or designation which was granted in reliance upon recordation of the covenant, or for which recordation of the covenant is or was a requirement; and

4. A description of the purpose(s) of the easement.

A. Acceptance. The Director may accept a Covenant of Easement on behalf of the City when such an easement is required as a condition of land use approval, permit or designation.

B. Recordation. The Covenant of Easement shall be recorded in the County Recorder's Office no later than 30 days after it is executed. A copy of the recorded document shall be provided to the Director.

A. The covenant of easement shall be effective when recorded and shall act as an easement pursuant to Civil Code Section 801 et seq., except that it shall not merge into any other interest in the real property.

B. From and after the time of its recordation, the covenant shall impart notice to all persons to the extent afforded by the recording laws of California.

Upon recordation, the burdens of the covenant shall be binding upon, and the benefits shall inure to, all successors in interest to the affected real property. Nothing in this chapter shall create in any person other than the City and the owner of real property benefited or burdened by the covenant standing to enforce or to challenge the covenant or any amendment to the covenant or release from it.

The Planning Commission, or City Council on appeal of the decision of the Planning Commission, may approve and authorize recordation of a release of a Covenant of Easement.

A. Petition for Release. A petition for release of a Covenant of Easement may be made by any person whether or not that person has title to the real property, and shall be filed in writing with the Director. The form of the petition and the information required to be set forth in them shall be prescribed by the Director. The Director shall not accept any petition for filing unless:

1. All information and data is set forth and shown as required by the form;

2. The petition is verified by the party making the petition; and

3. The applicable filing fee has been paid. The fee shall be as set forth in the Master Fee Schedule established by resolution of the Council.

B. Hearing by Planning Commission.

1. The Director shall set a date for the public hearing by the Planning Commission. The date of hearing shall be not less than 20 nor more than 60 days after the date the application was accepted as complete. Notice shall be provided in accordance with Chapter 18.106.

2. The Director shall provide a report and recommendation to the Commission, and shall file with the Commission all papers, documents, and exhibits which are part of the file. The Commission may decide to grant the petition, conditionally grant the petition or deny the petition.

3. The decision of the Commission shall be mailed to all persons entitled to notice.

4. The decision of the Commission shall become final as set forth in Chapter 18.106; provided, however, that if a written notice of appeal is timely filed, the decision of the Commission shall not be final, and it shall be of no force or effect.

C. Findings. The Planning Commission, or the City Council on appeal, may grant the petition for release of the Covenant of Easement only upon a finding that the restriction of the property is no longer necessary to achieve the land use goals of the City.

D. Release to be Recorded. Within 15 days after the action granting a petition for release has become final, the Director shall cause the release to be recorded in the County Recorder's Office.