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.~.~ ....