McFarland Municipal Code Ch. 16.52 Creation of Easement by Covenant

Footnotes:

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Editor's note— Ord. No. 005-2009, § 1, adopted August 13, 2009, set out provisions intended for use as Chapter 16.48. For purposes of classification, and at the editor's discretion, these provisions have been included as Chapter 16.52.

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. No. 005-2009, § 1, 8-13-09)

Whenever an easement for parking, ingress, egress, emergency access, light and air access, landscaping or open space purposes is required by the city 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 at the time of recording of the covenant of easement, all of the real property benefitted or burdened by the covenant is under common ownership and provided 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. No. 005-2009, § 1, 8-13-09)

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 makes an additional finding that the restriction is no longer necessary to achieve city land use goals.

(Ord. No. 005-2009, § 1, 8-13-09)