El Cajon Municipal Code Ch. 16.56 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. 5077 § 2, 2019)

Whenever an easement for parking, ingress, egress, emergency access, light and air access, landscaping or open space purposes is required by the county 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 pursuant 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 benefitted 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 benefitted thereby, identifies the approval, permit or designation granted which relied upon or required the covenant, and is executed by the owner of the real property.

(Ord. 5077 § 2, 2019)

The covenant of easement shall be released in the same manner as public streets, highways or service easements under Streets and Highways Code section 8300 et seq., provided that the city council make an additional finding that the restriction is no longer necessary to achieve city land use goals.

(Ord. 5077 § 2, 2019)