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HomeMy WebLinkAbout2006-06-05 Ordinance 4904ORDINANCE NO. 4904 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING CHAPTER 18.90 TO THE PALO ALTO MUNICIPAL CODE TO ALLOW THE CREATION OF EASEMENTS THROUGH THE EXECUTION AND RECORDATION OF COVENANTS rrhe Council of the City of Palo Alto does ORDAIN as follows: Section 1. A. The Planning and Transportation Commission has recommended the addition of Chapter 18.90, Creation of Easements Through the Execution and Recordation of Covenants, to the Palo Alto Municipal Code as hereinafter set forth; and B. The City Council, after due consideration of the recommendation and a duly noticed public hearing held on May 8, 2006, finds that the proposed addition is in the public interest and will promote the public health, safety, and welfare. Section 2. Chapter 18.90, Covenants of Easement, of the Palo Alto Municipal Code is hereby added to read as follows: Chapter 18.90 CREATION OF EASEMENTS THROUGH THE EXECUTION AND RECORDATION OF COVENANTS Sections: 18.90.010 Purpose and Authority. 18.90.010 Purpose and Authority The purpose of this chapter is to implement California Government Code sections 65870-65875, inclusive, regarding the creation of easements through the execution and recordation of covenants. Sections: 18.90.020 18.90.020 Creation. Creation. In addition to any other method for the creation of an easement, an easement may be created by a recorded covenant of easement 060419 cs 8260237 1 made by an owner of real property to the Ci ty , in accordance with the procedures set forth in this part. Sections: 18.90.030 Purposes of Easement 18.90.030 Purposes of Easement An easement may be created pursuant to this chapter for one or more of the following purposes: parking, ingress, egress, emergency access, light and air access, landscaping, or open space purposes. Sections: 18.90.040 Common Ownership 18.90.040 Common Ownership. At the time of recording of the covenant of easement, all the real property benefited or burdened thereunder 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 any other interest in real property. Section 1104 of the Civil Code, Easements passing wi th Property, shall be applicable to the conveyance of the affected real property. Sections: 18.90.050 Enforcement 18.90.050 Enforcement A covenant executed pursuant enforceable by the successors in benefited by the covenant. Sections: 18.90.060 18.90.060 Contents Contents to this Chapter shall be interest to the real property A covenant of easement recorded pursuant to this part shall include the following: 060419 cs 8260237 2 (a) Legal descriptions of the real property subject to the easement and the real property benefited by the easement; and (b) An identification of the approval, permit, or designation granted which relied upon or required the covenant; and (c) A maintenance provision for the easement; and (d) A provision providing that the burdens of the covenant of easement shall be binding upon, and the benefits of the covenant shall inure to, all successors in interest of the real property. Sections: 18.90.070 18.90.070 Execution Execution The covenant of easement shall be executed and acknowledged by the record owner[s] of the real property subject to, and benefited by, the easement. Sections: 18.90.080 Recordation and Effect 18.90.080 Recordation and Effect The covenant of easement shall be recorded with the Santa Clara County Recorder's office. The recorded covenant of easement shall impart notice thereof to all persons to the extent afforded by the recording laws of the state of California. Upon recordation, 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. Sections: 18.90.090 Release of Covenant 18.90.090 Release of Covenant (a) The covenant of easement may be released in accordance with the procedure set forth in this section. (b) 060419 cs 8260237 Any person, whether or not that person has the real property burdened or benefited easement, may file a written request for hearing on the release of the covenant of 3 title to by the a public easement. The request for hearing shall be filed with the city clerk and shall include the following: (1) A conformed copy of the recorded easement; (2) legal descriptions of the real property benefited and burdened by the easement; (3) a statement that the request for hearing is being filed pursuant to the provisions of this chapter; and (4) a fee prescribed by the municipal fee schedule. (c) Upon notification and receipt of the request for release of covenant, the City Council shall hold a public hearing regarding a release of covenant of easement recorded pursuant to this Chapter. At the conclusion of the public hearing, the City Council shall determine and make a finding by resolution, based upon substantial evidence contained in the request and/or presented at the public hearing, whether the restriction imposed by the covenant of easement is still necessary to achieve the land use goals of the City. If the Council determines that the covenant may be released, the city shall cause to be recorded with the Santa Clara County Recorder's Office a release of the covenant of easement. Sections: 18.90.100 18.90.100 Fees Fees The City Council may adopt by resolution a fee to recover the reasonable cost of processing the release of the covenant from those persons requesting the release pursuant to Section 18.90.090 of this chapter. Sections: 18.90.110 Standing to Enforce or Challenge 18.90.110 Standing to enforce or challenge Nothing in this Chapter shall create in any person other than the city and the owner of the real property burdened or benefited by the covenant of easement standing to enforce or to challenge the covenant or any amendment thereto or release therefrom. The city shall have the right, but not the obligation to enforce the covenant. 060419 cs 8260237 4 Section 3. The City Council finds that the changes effected by this ordinance are exempt from the provisions of the California Environmental Quality Act (CEQA), per section 15061 of CEQA Guidelines, because it can be seen with certainty that there is no possibility that the project will have a significant effect on the environment. Section 4. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: May I, 2006 PASSED: June 5, 2006 AYES: BARTON, BEECHAM, CORDELL, DREKMEIER, KISHIMOTO, KLEIN, KLEINBERG, MORTON NOES: ABSENT: MOSSAR ABSTENTIONS: lttu~,~ City Clerk ~ APPROVED AS TO FORM: ~. Deputy City Attorn~ 060419 cs 8260237 5 Planning and Environment