HomeMy WebLinkAboutORD-08-91 Recordation of Covenant of EasementORDINANCE NO. 8-
91 AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ORANGE PERMITTING
THE CREATION OF EASEMENTS BY
THE RECORDATION OF A COVENANT OF
EASEMENT PURSUANT TO SECTIONS 65870
THROUGH 65875 OF THE CALIFORNIA
GOVERNMENT
CODE.WHEREAS, California Government Code Sections 65870
through 65875 permit the establishment of easements for parking,
ingress,egress, emergency access, light and air access, landscaping,
or open space purposes upon real property by the recordation of
a covenant of easement if an ordinance is enacted implementing
these Government Code provisions;
and WHEREAS, the establishment of such a procedure will permit
the city to protect vital conditions imposed upon projects to
mitigate traffic and parking impacts, particularly, purposes
between properties having common ownership and upon properties which may
be subject to further development at a later time upon the same
parcel where easements cannot otherwise be created and enforced
under principles of real property
law.NOW, THEREFORE, the City Council of the City of Orange
does ordain as
follows:Section
I:A new chapter 16.33 of the Orange Municipal Code is
hereby adopted to read, in its entirety, as
follows:Section 16.33.010
PurPose.implement Sections 65870
through
Code.The purpose of this Chapter is
to 65875 of the California
Government Section 16.33.020 Covenants of Easement. A. In addition
to any other method for the creation of an easement, an easement
may be created by a recorded covenant of easement made by an owner
of real property to the City. An easement created pursuant to
this section may be for parking, ingress, egress, emergency
access,light and air access, landscaping, or open-
space purposes.B. At the time of recording of the covenant of
easement, all the real property benefited 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.
C.shall:
and the A covenant of easement recorded pursuant to
this section 1) describe the real property to be subject to
the easement real property to be benefited thereby. 2)
approval, permit, or designation granted which relied upon or
required the covenant; and 3) be in form and substance acceptable
to the city Attorney.
D. A covenant executed pursuant to this section shall be
enforceable by the successors in interest to the real property
benefited by the covenant.
E. Such a Covenant of Easement may be required as a condition
of any tentative parcel or tract map, conditional use permit,
variance, or other discretionary land use approval under Titles 16
and/or 17 of the Orange Municipal Code.
section 16.33.030 Release of Covenant. A. Any person,
whether or not having title to any affected real property, may
petition the city for a release of any covenant of easement created
pursuant to this Chapter. Such petition shall be in writing, shall
clearly set forth the reasons such a release is sought and shall be
accompanied by payment in full of the processing fee therefore,
which shall be in the amount of $100 or such other amount as the
City Council shall, by resolution, determine from time to time is
reasonably calculated to recover the costs of processing such a
petition.
B. Such a petition shall be presented to the Planning
commission for determination in a public hearing upon not less than
10 day notice mailed to the owners of record on the last equalized
property tax assessment of the Orange County Assessor of the
properties benefited and burdened by the easement and of all
property within a 300' radius of either the benefited or burdened
property. In addition, notice of such public hearing shall be
published at least once, not less than ten (10) days prior to such
hearing in a newspaper of general circulation in the City.
C. The Planning commission shall grant a release upon a
determination that the restriction of the property imposed by the
Covenant of Easement is no longer necessary to achieve the land use
goals of the City. The decision of the Planning commission may be
appealed to the City Council by any affected person in accordance
with provisions of Title 17 relating to appeals of decisions on
Conditional Use Permits. Such a release shall be effected by
recordation of a release document executed by the Mayor and
attested to by the City Clerk, upon authorization of the City
Council.
section 16.33.040 Standinq to Challenqe or Enforce Covenant.
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 standing to enforce or to challenge the covenant or
any amendment thereto or release therefrom as set forth in section
65875 of the California Government Code.
Ordinance No. 8-91
2-
I
section II.
A summary of this Ordinance shall be published and a certified
copy of the full text of this Ordinance shall be posted in the
Office of the city Clerk at least five (5) days prior to the City
Council meeting at which this Ordinance is to be adopted. A
summary of this Ordinance shall also be published once within
fifteen (15) days after this Ordinance's passage in the Orange City
News, a newspaper of general circulation, published, and circulated
in the City of Orange. The City Clerk shall post in the Office of
the City Clerk a certified copy of the full text of such adopted
Ordinance along with the names of those City Council members voting
for and against the Ordinance in accordance with Government Code
section 36933. This Ordinance shall take effect thirty (30) days
from and after the date of its final passage.
ADOPTED this 16th day of April 1991.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the city of Orange,
California, do hereby certify that the foregoing Ordinance was
introduced at the regular meeting of the City Council held on
the 9th day of April , 1991, and thereafter at the regular
meeting of said City Council duly held on the 16th day of April
1991, was duly passed and adopted by the following vote, to wit:
AYES:COUNCIL MEMBERS: STEINER,BARRERA,MAYOR BEYER,COONTZ,SPURGEON
NOES:COUNCIL MEMBERS: NONE
ABSENT:COUNCIL MEMBERS: NONE
17t.w~~q.
city Clerk h C' f Orange
dg 3-Ordinance No. 8-