El Dorado County Municipal Code Ch. 130.65 Covenant of Easement

In compliance with California Government Code Section 65870 et seq., a Covenant of Easement in favor of the County, may be required to achieve the use goals of the County as a condition of approval by the review authority to provide for open space, emergency access, ingress and egress, landscaping, parking, or light and air access to provide for solar and wind energy generation.

The form of the Covenant shall include the following, where applicable, subject to approval by County Counsel:

A. A description of the real property that is subject to the easement and the real property to be benefited by the easement;

B. The approval, permit, or designation granted, which relied upon or required the Covenant; and

C. The purpose(s) of the easement.

A Covenant of Easement shall become effective upon recordation in the County Recorder's Office, as executed by the owner(s) of the real property. Upon recordation:

A. The Covenant shall act as an easement in compliance with Civil Code Section 801 et seq., except that it shall not merge into any other interest in the real property.

B. The Covenant shall be enforceable by all successors-in-interest to the real property benefited by the Covenant in compliance with Civil Code Section 1104.

C. Notice of the Covenant shall be imparted to all persons to the extent afforded by the recording laws of the State.

A Covenant of Easement may be released by the Director acting as Zoning Administrator in compliance with Section 130.60.030 (Zoning Administrator) above in this Article, at the request of any person, whether or not that person has title to the real property, by the following process:

A. A noticed public hearing shall be conducted in compliance with Subsection 130.51.051.C (Notice Requirements and Procedure) in Article 5 (Planning Permit Processing) of this Title.

B. Prior to approving the request, findings shall be made that the Covenant on the property is no longer necessary to achieve the land use goals of the County.

C. A notice of the release of the Covenant of Easement shall be recorded by the Director in the County Recorder's Office, in compliance with Section 130.54.020 (Effective Date of Permit Approvals) in Article 5 (Planning Permit Processing) of this Title.

Nothing in this Section creates standing in any person, other than the County and owner(s) of the real property burdened or benefited by the Covenant, to enforce or to challenge the Covenant or any requested amendment or release.