SECTIONS 65870-65875 - California Statutes

GOVERNMENT CODE

SECTION 65870-65875

65870. Any city or county may adopt an ordinance for the imposition
of covenants pursuant to this article.

65871. (a) In addition to any other method for the creation of an
easement, an easement may be created pursuant to an ordinance adopted
implementing this article, by a recorded covenant of easement made
by an owner of real property to the city or county. An easement
created pursuant to this article 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) A covenant of easement recorded pursuant to this section
shall describe the real property to be subject to the easement and
the real property to be benefited thereby. The covenant of easement
shall also identify the approval, permit, or designation granted
which relied upon or required the covenant.
(d) A covenant executed pursuant to this section shall be
enforceable by the successors in interest to the real property
benefited by the covenant.

65873. 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.

65874. (a) The ordinance adopted pursuant to Section 65870 shall
provide a procedure for the release of the covenant. The procedure
shall require a public hearing by the agency designated by the
ordinance for that purpose. The hearing shall be held at the request
of any person whether or not that person has title to the real
property.
(b) Upon a determination that the restriction of the property is
no longer necessary to achieve the land use goals of the city or
county, a release shall be recorded by the city or county in the
county where the restricted property is located.
(c) The ordinance may provide for the imposition of fees to
recover the reasonable costs of processing the release from those
persons requesting the release pursuant to this section.

65875. Nothing in this article shall create in any person other
than the city or county 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.