Tiburon Municipal Code Art. 9 Covenant of Easement

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

(Ord. No. 573 N.S., § 3, 6-7-2017)

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

(Ord. No. 573 N.S., § 3, 6-7-2017)

An easement created pursuant to this chapter 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.

(g) Access to and/or operation and maintenance of a stormwater treatment measure.

(Ord. No. 573 N.S., § 3, 6-7-2017)

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

(Ord. No. 573 N.S., § 3, 6-7-2017)

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

(a) A legal description of the real property to be subject to the easement.

(b) A legal description of the real property to be benefited by the easement.

(c) Identification of the town 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.

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

(Ord. No. 573 N.S., § 3, 6-7-2017)

The town council may accept a covenant of easement as described in this chapter when such an easement, when offered voluntarily or when required by a condition of a land use approval, permit or this chapter, is first reviewed and approved by the town attorney.

(Ord. No. 573 N.S., § 3, 6-7-2017)

The covenant of easement shall be recorded in the Marin County Recorder's Office. A copy of the recorded document shall be provided to the town manager, town clerk, and director of community development.

(Ord. No. 573 N.S., § 3, 6-7-2017)

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

(b) 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 the State of California.

(Ord. No. 573 N.S., § 3, 6-7-2017)

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 article shall create in any person other than the Town of Tiburon and the owner of real property benefited or burdened by the covenant standing to enforce or to challenge the covenant or any amendment to it or release from it.

(Ord. No. 573 N.S., § 3, 6-7-2017)

Pursuant to and in accordance with the provisions hereinafter set forth in this article, the town council may approve and authorize recordation of a release of a covenant of easement.

(Ord. No. 573 N.S., § 3, 6-7-2017)

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 director of community development 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 applicable filing fee has been paid.

(Ord. No. 573 N.S., § 3, 6-7-2017)

The fee for filing a petition for release of a covenant of easement pursuant to this article shall be as set forth in the applicable town fee schedule(s).

(Ord. No. 573 N.S., § 3, 6-7-2017)

(a) Upon filing of such petition, payment of filing fees, and acceptance of such petition as complete by the director of community development, the director shall set a date for the public hearing by the town council. The date of hearing shall be not less than twenty nor more than sixty days after the date the application was accepted as complete by the director. Notice shall be provided in accordance with applicable law.

(b) The director shall provide a report and recommendation to the town council. In addition, the director shall file with the town council at its hearing all relevant papers, documents, and exhibits. Within forty-five days after the town council has concluded its hearing, it shall, by resolution, set forth its findings and decision on the matter. The town council may decide to grant the petition, conditionally grant the petition or deny the petition.

(c) The decision of the town council shall be final on the date of adoption of a resolution setting forth its findings and decision.

(Ord. No. 573 N.S., § 3, 6-7-2017)

The town council 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 town.

(Ord. No. 573 N.S., § 3, 6-7-2017)

Within fifteen days after the action of the town council in granting a petition for release has become final, the director shall cause the release to be recorded in the Marin County Recorder's Office, and a copy of the recorded document shall be provided to the applicant and the town manager, town clerk, and town attorney.

(Ord. No. 573 N.S., § 3, 6-7-2017)