23.36.050 Dedications.
A. Right-of-Way. Any dedication of a right-of-way shown on a land division map shall convey the same right to the public as the dedication of a similar right-of-way by a separate easement. The owner shows intent to dedicate the right-of-way by presenting for filing the final division map showing the dedication thereon and the public accepts the dedication by the city approving such final maps for filing.
B. Easements. All easements required as a condition of approval shall be established by the filing of a separate document that is recorded concurrently with the final subdivision map and cross-referenced on the final subdivision map.
1. Public Easements. The city shall establish standard language for the establishment of public easements and shall make the standard language available with the submittal requirements checklist for final subdivision approval. The legal descriptions of the burdened property and the easement area shall be defined by the proposed or anticipated legal description of the land division.
2. Private Easements. Private easements that are necessary to comply with a condition of approval for a land division shall be the sole responsibility of the applicant to prepare for review and acceptance by the city. The easement shall include the rights established by the easement, legal descriptions of the burdened property and the easement area, and exhibits determined necessary to illustrate the easement area. If the easement is for the use of a structured facility, such as a driveway, the easement shall include cost sharing and maintenance provisions.
3. All private easements that are required to fulfill a condition of approval shall include a statement that the easement shall not be amended or relinquished without the express written consent of the city of Bellingham.
C. Deeds. With the exception of right-of-way, all lands granted to the city for public ownership shall only be accepted by the city upon review of title information and the filing of deeds, prepared by the city, concurrently with the final subdivision map unless authorized by the city.
D. Covenants and Condominium Declarations. Private covenants proposed to be filed with or for a land division shall be submitted with the final subdivision application for review by the city. [Ord. 2018-12-036 § 2 (Exh. A)].