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HomeMy WebLinkAbout71.16 ORDINANCE NO, 71, AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTION 14-25.050 AND ADDING SECTION 15-80.110 PERTAINING TO RECORDED COVENANTS FOR EASEMENTS AND AMENDING SECTION 14-30.060 PERTAINING TO TREES The City Council of the City of Saratoga hereby ordains as follows: SECTION h Section 14-25.050 in Article 14-25 is amended to read as follows: "§ 14-25.050 Easements (a) Public service easements. Easements shall be of sufficient size and location to meet the requirements of public and private utilities and other services serving each proposed subdivision or building site. Insofar as practicable, ali electrical and telephone public utility facilities shall be located in the public street rights~of-way. The sidelines of all easements shall be shown on the subdivision or parcel map by fine dotted lines. If any easements already of record cannot be definitely located, a statement of the nature thereof and its recorded reference must appear on the title sheet. Distances and bearings on the side lot lines of any lots which are cut by an easement must be afrowed or so shown that the map will indicate clearly the actual lengths of the lot lines. The widths of all easements and sufficient ties thereto shall be clearly labeled and identified, and if already of record; its recorded reference given. (b) Covenants for easements. In addition to any other method for the creation of an easement, easements for parking, ingress, egress, emergency access, light and air access, landscaping or open space purposes may be created by a written covenant for easement which complies with the requirements set forth in Section 15-80.110 of the Zoning Ordinance." SECTION 2: Section 14-30.060 in Article 14-30 is amended to read as follows: "§14-30.{)60 Trees The subdivider or owner shall plant trees on each lot or site and maintain them for a minimum of one year after planting. All such trees shall be of a number, variety and type as determined or approved by the advisory agency, which may delegate such authority in any parti uJ~r instance to the Planning Director. Any of this Code." SECTION 3: Section 15-80.110 is hereby added to Article 15-80, to read as follows: -1- "S15-80,110 Covenants for easements (a) Creation of easement bl~ covenant. In addition to any other method for the creation of an easement, an easement for parking, ingress, egress,. emergency access, light and air access, landscaping or open space purposes may be created by a written covenant of easement granted to the City pursuant to this Section. (b) Contents of covenant. The covenant of easement shah contain the following: (1) The legal deseription of the real property to be burdened by the easement and the real property to be benefited thereby. (2) The legal deseription or a seale drawing of the easement, showing the loeation of the easement on the restrieted property. (3) The purpose for whieh the easement is granted. (4) The terms, conditions or limitations, if any, imposed upon the use of the easement. (5) An identifieation of the approval, permit or designation granted by the City which relied upon or required the covenant. (6) A statement that the easement is being created pursuant to this Seerion. (e) Execution and recording. The covenant of easement shall be duly executed by the owner of the real property to be restricted by the easement and shall be recorded in the offiee of the County Reeorder. (d) Effect of recording. The covenant of easement shall be effeetive when reeorded and shah aet as an easement pursuant to Chapter 3 (eommeneing with Section 801) of Title 2, Part 2~ Division 2 of the State Civil Code, except that it shall not merge into any other interest in the restrieted property. From and after the time of its reeordation, the eovenant shah impart notlee thereof to all persons to the extent afforded by the recording laws of the State. Section 1104 of the State Civil Code shall be applicable to a eonveyanee of the real property benefited by the easement. (e) Common ownership required. At the time of recording the eovenant of easement, all of the real property benefited or burdened by the eovenant shah be in eommon ownership. (f) Enforcement. A covenant of easement executed and recorded pursuant to this Section shah be enforceable by the City and the sueeessors in interest to the real property benefited by the eovenant and shall be binding upon the successors in interest to the real property burdened by the covenant. Nothing in this Section shall ereate in any person other than the City and the owner of the real property benefited or burdened by the eovenant standing to enforce or to challenge the covenant or any amendment thereto or release therefrom. -2- (g) Release of eovenant~ Upon the application of any person accompanied by a processing fee established by resolution of the City Council, or upon its own initiative, the Planning Commission may release an easement created pursuant to this Section if the Commission determines that such easement is no longer required to achieve the land use goals of the City. A public hearing shall be conducted on the proposed release and notice thereof shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant, the respective owners of the property benefited or burdened by the easement, and to all persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the easement. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. If the easement is released, a release of the covenant shall be executed on behalf of the City and recorded in the office of the County Recorder. The decision by the Planning Commission may be appealed to the City Council in accordance with the procedure set forth in Article 15-90 of this Chapter. (h) Authority for Section. This Section is adopted pursuant to and for implementation of Article 2.7 (commencing with Section 65870) of Title 7, Division 1, Chapter 4 of the Government Code." SECTION 4: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 5: This Ordinance shall be in full force and effect thirty days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the 7th day of ganuoxy., 1987, by the following vote: AYES: Councils Anderson, Clevenger, MDyleS, Peterson, and Mayor Hlava NOES: None ABSENT: None ABSTAIN: None ATTEST: ~ (2~ M'A'YOR CITY CLERK ' ty ' Date