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HomeMy WebLinkAboutORD NO 3081ORDINANCE NO. 3081 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 12.60 TO TITLE 12 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO CREATION OF EASEMENTS BY RECORDED COVENANTS. BE IT ORDAINED by the Council of as follows: the City of Bakersfield Chapter 12.60 Bakersfield Municipal Code Sections: 12.60.010 12.60.020 12.60.030 the SECTION 1. is hereby added to Title 12 of to read as follows: Chapter 12.60 CREATION OF EASEMENTS BY RECORDED COVENANTS Purpose. Creation of easement by covenant. Release of Covenants. 12.60.010 It is visions of Article 2.7 Chapter 4 of Division 1, Title 7, Code, subject to the limitations thereof. Purp~gse. the purpose of this chapter to implement the pro- 12.60.020 Creation of easement b~ covenant. Whenever an easement for parking, ingress, egress, emer- gency access, light and air access, landscaping or open space purposes is required by the City to be made in connection with (commencing with Section 65870) of of the California Government specified in Section 65875 approval of any subdivision, site plan, building permit, general plan or zoning amendment, or in satisfaction of such requirement imposed pursuant to any adopted City procedure, regulation or such easement may be created by recorded covenant, At the time of recording of ordinance, provided: A. ment, all the real property benefited or is under common ownership; B. The covenant of easement contains tion of the real property to be subject to the the covenant of ease- burdened by the covenant a legal descrip- easement and of the real property to be benefited thereby, identifies the appro- val, permit or designation granted which relied upon or required the covenant, and is executed by the owner of the real property. 12.60.030 Release of covenant. A. Upon application by any person, fee therefor, the Planning Commission shall to determine whether the restriction of necessary to achieve the land use goals and payment of the hold a public hearing sion of final. B. Commission Public Works Manager the Planning Commission following such hearing shall be Provided a determination is made by the Planning that such restriction is no longer necessary, the shall record a release of such covenant. the property is no longer of the City. The deci- SECTION 2. This ordinance shall be posted in accordance with the City charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regu- lar meeting thereof held on the 10th day of December , 19_86_, by the following vote: AYES: COUNCILMEMgER$: CHILDS, CHRISTENSEN. SMITH, RATTY, MOORE, DICKERsoN~, SALVAGGIO NOES. COU ........ RS. ABSTAINING: C("*',' '~ ~' CITY CLERK a~ .x Off3. c3. o Clerk of the Council of the City of Bakersfield APPROVED this 10th day of December , 198~6 MAYOK of t~'~{~y o~~field APPROVED as to form: ~/~/T~N~E~e City of Baker s field AJS/bl 40. COV 3 STATE OF CALIFORNIA t ss. County of Kern ~ CAROL WILLIAMS, Being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on Decer~er 15 , 19 86 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on Docon/~o'r' ]0 , 19 86 , which ordinance was numbered 308]- New Series, and entitled: An Ordinance of the Council of the City of Bakersfield adding Chapter 12.60 to Title 12 of the Bakersfield b~nicipal Code relating to creation of easements by recorded covenants. Subscribed and sworn to before me this .2~3rd. day of ........P~.~.~P3~.~ .......................,19.~.~ ....