Milpitas Municipal Code Ch. 500 Easements

The method of creation of easements authorized by this part shall be in addition to any other method allowed by law.

(Ord. 249 (part), 6/3/97)

An easement may be created pursuant to this part by a recorded covenant of easement made by an owner of real property to the City, in accordance with the procedures set forth in this part.

(Ord. 249 (part), 6/3/97)

An easement created pursuant to this part may be for one or more of the following purposes:

A. Parking.

B. Ingress and egress.

C. Emergency access.

D. Light and air access.

E. Landscaping.

F. Open space.

(Ord. 249 (part), 6/3/97)

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

(Ord. 249 (part), 6/3/97)

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

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

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

C. Identification of the city 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

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

A copy of the covenant of easement is on file in the office of the City Clerk.

(Ord. 249 (part), 6/3/97)

The Planning Director may accept an easement as described in this part on behalf of the City when such an easement is required as a condition of a land use approval, permit or designation pursuant to this Title.

(Ord. No. 315, § 2, 1/7/25; Ord. 249 (part), 6/3/97)

The covenant of easement shall be recorded in the county recorder's office. A copy of the recorded document shall be provided to the Planning Director.

(Ord. No. 315, § 2, 1/7/25; Ord. 249 (part), 6/3/97)

The covenant of easement shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2, Part 2, Division 2 of the Civil Code, except that it shall not merge into any other interest in the real property.

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

(Ord. 249 (part), 6/3/97)

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 part 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 thereto or release therefrom.

(Ord. 249 (part), 6/3/97)

Pursuant to and in accordance with the provisions hereinafter set forth in this part, the Planning Commission and the City Council on appeal from a decision of the Planning Commission may approve and authorize recordation of a release of a covenant of easement.

(Ord. 249 (part), 6/3/97)

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 Planning Director on a form furnished by 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 such petition for filing unless:

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

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

C. The filing fee required by Section XI-500-12.00 has been paid.

(Ord. No. 315, § 2, 1/7/25; Ord. 249 (part), 6/3/97)

The fee for filing a petition for release of a covenant of easement pursuant to this part shall be as set forth in the schedule of fees established by resolution of the Council.

(Ord. 249 (part), 6/3/97)

A. Upon filing of such petition, payment of filing fees, and acceptance of such petition as complete by the Planning Director, said director shall, subject to the rules of the Planning Commission as to the hour and place of public hearings which shall be conducted by it, set a date for the public hearing which shall be held thereon by the Planning Commission. Said date of hearing shall be not less than twenty nor more than sixty days after the date such application was accepted as complete by the Director.

B. The Director shall provide a report and recommendation to the commission. In addition thereto, the director shall file with the commission at its hearing all papers, documents, and exhibits which are part of the file. Within a reasonable time after the commission has concluded its hearing, it shall, by resolution, set forth its findings and decision on the matter. The Commission may decide to grant the petition, conditionally grant the petition or deny the petition.

(Ord. No. 315, § 2, 1/7/25; Ord. 249 (part), 6/3/97)

Any action taken by the Planning Commission under this part may be appealed to the City Council by filing with the City Clerk a written notice of appeal within twelve (12) calendar days after a copy of the decision of the Planning Commission. The applicant, or any person, may file such a notice of appeal. The notice of appeal shall be filed on a form furnished by the Planning Director, and the information and data required to be set forth in such notice shall be as prescribed by the Director.

A. The Council shall hold at least one public hearing on the matter. The hearing of the council shall be de novo. The City Clerk shall set the date of the first public hearing by the Council, which date shall not be less than ten nor more than sixty days after the date on which the day of the application and the notice of appeal were filed with the City Clerk. Within a reasonable time after the Council has concluded its hearing, it shall, by resolution, set forth its findings and decision on the matter.

B. The decision of the Council shall be final.

(Ord. No. 315, § 2, 1/7/25; Ord. 249 (part), 6/3/97)

Whenever the Planning Commission or City Council holds a public hearing under this Chapter, Notice shall be given in accordance with Section 64, Chapter 10, Title XI.

A. Notwithstanding the above, the failure of the Director or City Clerk to mail any notice or the failure of any person to receive the same shall not affect, in any way whatsoever, the validity of any proceedings taken under this part, nor of any action or decision of the Director, Planning Commission or City Council made or taken in any such proceedings, nor prevent the Planning Commission or City Council from proceeding with any hearing at the time and place set therefor.

(Ord. 249 (part), 6/3/97)

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.

(Ord. 249 (part), 6/3/97)

Within fifteen days after the action of the Planning Commission or the City Council in granting a petition for release has become final, the Planning Director shall cause the release to be recorded in the office of the recorder for the County of Santa Clara.

(Ord. No. 315, § 2, 1/7/25; Ord. 249 (part), 6/3/97)