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HomeMy WebLinkAboutOrdinance #3203 ORDINANCE NO. 3203 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE TO ADD NEW CHAPTER 17 . 72 THEREOF IMPLEMENTING CALIFORNIA GOVERNMENT CODE SECTIONS 65870 ET SEQ. REGARDING COVENANTS OF EASEMENT WHEREAS, the City of Huntington Beach desires to implement California Government Code Section 65870 et seq. regarding Covenants of Easement; and The City Council desires to amend the Huntington Beach Municipal Code to provide for the use of such covenants, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows : 1. That the Huntington Beach Municipal Code is hereby amended to add new Chapter 17 . 72 to read as follows : Chapter 17 . 72 COVENANTS OF EASEMENT Sections • 17 . 72 . 010 Purpose 17 . 72 . 020 Creation; types of easements 17. 72 . 030 Effect 17. 72 . 040 Enforcement 17. 72 . 050 Recording; contents 17 . 72 . 060 Public hearing on release of covenant 17 . 72 . 070 Fees 17. 72 . 080 Standing to enforce or challenge 17 . 72 . 010 Purpose. 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 . 4/23/93 : 199 : sg -1- 17. 72 . 020 Creation; tvpes of easements . 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 chapter may be for parking, ingress, egress, emergency access, light and air access, landscaping, or open-space purposes . 17 . 72 . 030 Effect . 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 Division 2, Part 2, Title 2, Chapter 3 , Section 801 et seq. of the California Civil Code, except that it shall not merge into any other interest in the real property. Section 1104 of the California Civil Code shall be applicable to conveyance of the affected real property. 17 . 72 . 040 Enforcement . A covenant executed pursuant to this Chapter shall be enforceable by the successors in interest to the real property benefitted by the covenant . 17 . 72 . 050 Recording ; contents . A covenant of easement recorded pursuant to this Chapter shall describe the real property to be subject to the easement and the real property to be benefitted thereby. The covenant of easement shall also identify the approval, permit, or designation granted which relied upon or required the covenant. The covenant of easement shall be recorded in the county where all or a portion of the restricted property is located and shall contain a legal description of the real property and be executed by the owner of the real property. From and after the time of its recordation, the covenant shall impart notice thereof to all persons to the extent afforded by the recording laws of this state. 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. 17 . 72 . 060 Public hearing on release of covenant . Upon written request from any person, whether or not that person has title to the real property, the City Council shall hold a public hearing regarding the release of a covenant of easement recorded pursuant to this Chapter . The covenant of easement may be released upon a determination by the City Council that the restriction of the property is no longer necessary to achieve the land use goals of the City. Said determination shall be made based upon a preponderance of the evidence presented at the public hearing. If the City Council so determines, a release shall be recorded by the City in the official records of the County of Orange within thirty (30) days following the public hearing . 17. 72 . 070 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 17 . 72 . 050 . 4/23/93 : 199 : sg -2- 3203 17 . 72 . 080 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 benefitted by the covenant standing to enforce or to challenge the covenant or any amendment thereto or release therefrom. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of September 1993 . Jk— Mayo r ATTEST: APPROVED AS TO FORM: City Clerk 4' ity Attorney REVIEWED—AUD-9P-PROVED: INITIATED AND TPROVED: City Administrator Director o Public Works 4/23/93 : 199 : sg -3- 3203 Ord. No. 3203 STATE OF CALIFORNIA ) COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH I, CONNIE BROCKWAY, the duly elected, qualified City I Clerk of the City of Huntington Beach and ex-officio Clerk of the I City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting therof held on the 16th day of Aucast 19 93 and was again read to said City Council at a regular meeting therof held on the 7th day of _ Sep-tember 19 93 and was passed and adopted b the affirma tive vote of a 7 p y t east a majority of P 0 Y all the members of said City C t Council I, AYES: Councilmembers: I I NOES: Councilmembers: F one — . ., . . _ .. I ABSENT: Councilmembers: Sullivan caft W 0 ft f a City Clerk and ex-officio erk $" of the City Council of the City �.. 9�__ of Huntington Beach, California my nark 44J �� I ............... ---------- .................