Chapter 6.086 — COVENANTS FOR EASEMENTS

The purpose of this chapter is to implement Sections 65870 through 65875 of the California Government Code inclusive, regarding the creation of easements through the execution and recordation of covenants.

(Ord. No. 19-913, § 2, 8-13-2019)

6.086.020 - General provisions.

A.

In addition to any other method for the creation of an easement, an 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 section may be for parking, ingress, egress, emergency access, light and air access, landscaping, or open space purposes.

B.

At the time of recording of the covenant of easement, all the real property benefited or burdened by the covenant must 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. Civil Code Section 1104, pertaining to transfers of real property passing all easements, is applicable to conveyance of the affected real property.

C.

A covenant of easement recorded pursuant to this section shall:

1.

Describe the real property to be subject to the easement and the real property to be benefited thereby;

2.

Identify the approval, or designation granted which relied upon or required the covenant; and

3.

Be in form and substance acceptable to the city attorney.

D.

A covenant executed pursuant to this section shall be enforceable by the successors in interest to the real property benefited by the covenant. Such a covenant of easement may be required as a condition of any tentative parcel or tract map, conditional use permit, variance, or other discretionary land use approval under title 6 of the Fillmore Municipal Code.

E.

Additionally, the community development director or his or her designee is granted the authority to require a covenant of easement for any development project approved by the city. The community development director or his or her designee is granted the discretion to enforce the covenant of easement pursuant to Government Code Section 65875.

(Ord. No. 19-913, § 2, 8-13-2019)

This section shall apply to all development projects approved by the city and acts independently from any other authority or method for the city to require an easement.

(Ord. No. 19-913, § 2, 8-13-2019)

A.

The covenant shall be effective from and after the date of its recordation.

B.

Upon recordation, the burdens of the covenant shall be binding on, and the benefits of the covenant shall inure to, all successors in interest to the real property.

(Ord. No. 19-913, § 2, 8-13-2019)

A.

Any person, whether or not having title to any affected real property, may petition the city for a release of any covenant of easement created pursuant to this chapter. Such petition shall: be in writing, clearly set forth the reasons such a release is sought, and be accompanied by payment in full of the processing fee therefor adopted in accordance with section 6.086.070.

B.

The petition shall be presented to the planning commission for determination in a duly noticed public hearing.

C.

The planning commission shall grant a release upon a determination that the restriction of the property imposed by the covenant of easement is no longer necessary to achieve the land use goals of the city. The decision of the planning commission may be appealed to the city council.

D.

The release document, if authorized by the planning commission shall be executed by the city manager, or his or her designee, and attested to by the city clerk.

(Ord. No. 19-913, § 2, 8-13-2019)

Nothing in this chapter 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 as set forth in Government Code Section 65875.

(Ord. No. 19-913, § 2, 8-13-2019)

Fees for filing applications and processing covenants of easements and releases thereof and any other matters related to this chapter shall be as specified in the city's fee schedule which the city council may amend from time to time.

(Ord. No. 19-913, § 2, 8-13-2019)