Santa Clara County Municipal Code Art. 6 Common Ownership Easements

Pursuant to Government Code Section 65870 et seq., the County hereby authorizes the creation of easements for parking, ingress, egress, emergency access, light and air access, landscaping, or open-space purposes. Such easements shall be created by a recorded covenant of easement made by an owner of real property to the County. The covenant must describe the real property benefited and burdened by the easement, and shall identify the approval, permit, or designation granted by the County that relies upon or requires the covenant. All real property benefited or burdened by the covenant of easement shall be in common ownership when the covenant of easement is recorded with the County Clerk-Recorder and any other county in which all or part of the real property is located. The covenant shall take effect upon recording and shall act as an easement pursuant to Civil Code section 801 et seq., except that it shall not merge into any other interest in the real property.

(Ord. No. NS-1100.94, § 1, 8-9-05)

After holding a noticed public hearing, the Board of Supervisors may release any covenant of easement created pursuant to this article if it finds that the covenant is no longer necessary to achieve the County's land use goals. If the Board releases a covenant, the Clerk of the Board shall record the release with the County Clerk-Recorder.

(Ord. No. NS-1100.94, § 1, 8-9-05)

All reasonable costs associated with the creation or release of any covenant of easement created pursuant to this article shall be borne by the property owner proposing to create or release the covenant.

(Ord. No. NS-1100.94, § 1, 8-9-05)