HomeMy WebLinkAbout1986-04-22; City Council; 9803; CMC 20.04.140 amend - Easement covenant recordation creation1
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ORDINANCE NO. 9803
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 20, CHAPTER
20.04 OF THE CARLSBAD MUNICIPAL CODE BY THE
ADDITION OF SECTION 20.04.140 TO ALLOW FOR THE
CREATION OF EASEMENTS BY RECORDATION OF A
COVENANT.
The City of Carlsbad, California does ordain as
follows:
SECTION 1: That Title 20, Chapter 20.04 of the Carlsbad
Municipal Code is amended by the addition of Section 20.04.140 to
read as follows:
"20.04.140 Covenants for easement.
(a) Whenever under the provisions of Title 18, 20 or 21
of this code an easement is necessary or required for parking,
ingress, egress, emergency access, light and air access,
landscaping or open space purposes the easement may be created
by a covenant pursuant to this section.
easement all the property benefitted or burdened by the covenant
shall 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. Section 1104 of the Civil Code
shall be applicable to conveyance of the affected real property.
The covenant of easement shall describe the real property subject
to the easement and the real property benefitted by the easement.
The covenant of easement shall also identify the approval permit or designation granted which relied upon or required the
covenant.
City,by the owner of the real property benefitted by the covenant,
and by the successors in interest to the real property benefitted
by the covenant. The covenant of easement shall be recorded in
the office of the county recorder. The burdens of the covenant
shall be binding upon and the benefits of the covenant shall
inure to all successors in interest to the real property.
application of any person after a public hearing by the Planning
Commission. Notice of the public hearing shall be given pursuant
to Section 21.54.060(1) of this code. The Planning Commission
may authorize the planning director to record a release of the
covenant if it determines that the restriction of the property is
no longer necessary to achieve the land use goals of the City.
An application for release of a covenant shall be accompanied by
a fee in an amount designated by City Council resolution. A
(b) At the time of recording of the covenant of
(c) A covenant of easement shall be enforceable by the
(d) The covenant of easement may be released upon the
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request for release of a covenant of easement may be consolidated
with any other application for discretionary approval under this
Code.
commencing with Section 65870 of Chapter 4 of Division 1 of
Title 7 of the Government Code."
(e) This section is adopted pursuant to Article 2.7
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 15th day of April 9
1986 and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 22nd day of April , 1986, by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST:
2.