HomeMy WebLinkAbout1986-04-15; City Council; 8586; CREATION OF PROCEDURE FOR COVENANTS OF EASEMENT-
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Cl-OF CARLSBAD - AGEN-BILL
AB# f3-rb TITLE: CREATION OF PROCEDURE I'OR DEPT,
MTG. 4/15/86 COVENANTS OF EASEMENT CITY 1
DE PT. CA CITY I
RECOMMENDED ACTION:
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Introduce Ordinance No. 9r0 3
ITEM EXPLANATION
Periodically the City reauires a developer to provide joint ac
parking, landscaping or open space for development projects.
Generally this is accomplished through recordation of reciproc
easements, Joint access facilities are extremely useful in li
the number of driveways on City streets. Effective January 1,
the Legislature created a new method of establishing such join
facilities. This new method is called a covenant of easement.
order for a covenent of easement to operate within the City, t
must adopt an ordinance implementing the provisions of the Sta
Attached to this agenda bill is a proposed ordinance which wou
allow the City to begin using covenants of easement. The ordi
will authorize use of this very convenient method for establie
joint use facilities. The ordinance also establishes a procec
release of the covenant.
FISCAL IMPACT
None
EXHIBIT
qd-3 Ordinance No.
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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 Car
Municipal Code is amended by the addition of Section 20.04.1
read as follows:
"20.04.140 Covenants for easement.
(a> Whenever under the provisions of Title 18, 20
of this code an easement is necessary or required for parkir
ingress, egress, emergency access, light and air access,
landscaping or open space purposes the easement may be creat 1 by a covenant pursuant to this section.
(b) At the time of recording of the covenant of
easement all the property benefitted or burdened by the cove
shall be in common ownership. The covenant shall be effecti
when recorded' and shall act as an easement pursuant to Chapt
(commencing with Section 801) of Title 2 of Part 2 of Divisi
of the Civil Code except that it shall not merge into any ot
interest in the real property. Section 1104 of the Civil Cc
shall be applicable to conveyance of the affected real prop€
The covenant of easement shall describe the real property si
I to the easement and the real property benefitted by the ease 11 The covenant of easement shall also identify the approval PE
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1 by the covenant. The covenant of easement shall be recordec
the office of the county recorder. The burdens of the cover l shall be binding upon and the benefits of the covenant shall i inure to all successors in interest to the real property.
(d) The covenant of easement may be released upon t
application of any person after a public hearing by the Plar
Commission. Notice of the public hearing shall be qiven PUI
to Section 21.54.060(1) of this code. The Planning Commissj
may authorize the planning director to record a release of t
covenant if it determines that the restriction of the propel
no longer necessary to achieve the land use goals of the Cit
An application for release of a covenant shall be accornpanic
a fee in an amount designated by City Council resolution. 1
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24 ATTEST: