Ordinance 1375
ORDINANCE NO. 1375
AN ORDINANCE OF THE CITY OF CUPERTINO
ADDING TO TITLE 19, ZONING, OF THE ____
CUPERTINO MUNICIPAL CODE
The City Council of the City of Cupertino hereby
adds to Title 19 of the Cupertino Municipal Code, '•-
Zoning', to read as follows:
Section I. Addition
19. Puraose
The City of Cupertino is adopting this ordinance
pursuant to Article 2.7 of Chapter 4 of Division 1 of
Title 7 of the Government Code for the creation of
easements by a recorded covenant given by an owner of
real property to the City for parking, ingress, egress,
emergency access, light and air-access, landscaping or
open-space purposes.
19. Creation of _Eas_ement
a. 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 :.
ordinance 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 zeal 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. The covenant of easement 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.
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d. The covenant of easement shall be enforceable
by the successors in interest to the real property
benefited by the covenant.
19. Recordation
The covenant of easement shall be recorded 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 aha12 be
binding upon, and the benefits of the covenant shall
inure to, all successors in interest to the real
property.
19. Release of Covenant
a. Any person whether or not that person has title
to the real property can request the City's Planning
Commission to hold a public hearing to determine if the
covenant restricting that property can be released.
b. Upon a determination that the restriction of
the property is no longer necessary to achieve the land
use goals of the city, a release shall be recorded by
the. city in the county where the restricted property is
located.
c. All persons requesting release of covenant
pursuant to this ordinance shall pay all necessary fees
and/or deposits as provided by the City's resolution
establishing fees and charges.
Section ii. Effective Date
This ordinance becomes effective thirty (30) days
after its enactment.
Section III. Publication
The City Clerk shall cause this ordinance to be
published at least once in a newspaper of general
circulation published and circulated in the City within
fifteen (15) days after its passage, in accordance with
Section 36933 of the Government Code; shall certify to
the adoption of .this ordinance and shall causethis
ordinance and her certification, together with proof of
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publication, to be entered in the Hook of Ordinances of
the Council of this City.
INTRODUCED at a regular meeting of the City
Council this 19th day of Nay , 1986, and ENACTED
at a regular mee~ng of thee C tty Co-uncil this 2nd day
of June 1986, by the following vote:
Vote: Members of the City Council:
Ayes: Gatto. Johnson, Plungy, Sparks, Rogers
Noeaz None
Absents None
Abatain:None
ATTE ~ APP O_
G'.'-
y Cle or, C t o C pe o
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