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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. 1 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 2 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 3