HomeMy WebLinkAboutStaff Report 231-06FROM CITY ATTORNEY
AND CITY MANAGER
CMR: 231
TO:
FROM:
HONORABLE CITY COUNCIL
City Attorney
City Manager
9
DATE:May 8, 2006
SUBJECT:ORDINANCE ADDING CHAPTER 18.90 TO THE PALO ALTO
MUNICIPAL CODE TO ALLOW THE CREATION OF EASEMENTS
THROUGH THE EXECUTION AND RECORDATION OF
COVENANTS
RECOMMENDATION
Following the public hearing on this issue, staff recommends that the Council review and adopt
the proposed Chapter 18.90 of the Municipal Code, allowing the creation of easements through
the execution and recordation of covenants.
DISCUSSION
Government Code sections 65870-65875 allow the creation of easements on properties held by a
common owner for the limited purposes of parking, ingress, egress, emergency access, light and
air access, landscaping, or open space purposes, in cities that have passed loca! enabling
ordinances for the creation of easements pursuant to the Government Code. Without that type of
ordinance, which creates an exception to the general rule in property law that one cannot grant an
easement to one’s own property, it is very difficult to satisfy City and practical requirements to
ensure that an easement placed on property held in common ownership is permanent.
Passage of this ordinance will solve a number of City and developer problems. Historically,
many adjacent properties in Palo Alto have been held in common ownership, and today many
owners want to redevelop the parcels while continuing to hold them under the same ownership.
This ordinance will help eliminate delay in development projects by simplifying the legal
requirements for property owners in this situation and enabling the City and property owners to
ensure that necessary easements exist in perpetuity.
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COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES
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CLOSED SESSION
This item may occur during the recess or after the Regular Meeting.
Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker.
ADJOURNMENT
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05/08/06 3
THE HONORABLE CITY COUNCIL
May 8, 2006
Page 2
ORDINANCE ADDING CHAPTER 18.90 TO THE PALO ALTO
MUNICIPAL CODE TO ALLOWTHE CREATION OF
EASEMENTS THROUGH THE EXECUTION AND
RECORDATION OF COVENANTS
BOARD/COMMISSION REVIEW AND RECOMMENDATIONS
The Planning and Transportation Commission reviewed this ordinance on April 26, 2006, and
voted unanimously to recommend that the City Council adopt the ordinance.
PREPARED BY:
MELISSA TRONQUET
Deputy City Attorney
CITY ATTORNEY APPROVAL:
GARY M. BAUM
City Attorney
CITY MANAGER APPROVAL:
EMILY HARRISON
Assistant City Manager
ATTACHMENTS
A.Draft Ordinance Allowing Creation of Easements Through the Execution and
Recordation of Covenants
B.Staff Report to Planning and Transportation Commission, April 26, 2006
C.Minutes of Planning and Transportation Discussion on Draft Ordinance, April 26, 2006
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