HomeMy WebLinkAboutT-4487 - Agreement/Covenant - 6/30/2006 (2) WHEN RECORDED MAIL TO:
City Clerk
City of Fresno 10�02�2002,�0020113084
LJ 2600 Fresno Street
ME Fresno, CA 93721-3603
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U NO FEE - Government Code 6103
City of Fresno
Department of Public Utilities
2600 Fresno Street
Fresno, CA 93721-3604
JAR 560 West Audubon Drive
JAF: 552 West Rio View Circle (Lot 1, T-4487)
APN: 402-030-44
P.W. File No. 9379 (T-4487)
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR
COMMON SEWER HOUSE BRANCH
(Final Map of Tract 4487 and Remainder)
WHEREAS, RIVERVIEW ESTATES, a California General Partnership, hereinafter
referred to as the "Covenantor," is the owner of the real property situated in the City of Fresno,
County of Fresno, State of California, hereinafter referred to as the"Subject Property" and more
particularly described in the attached Exhibit"A"; and
WHEREAS, the Covenantor hereby warrants that any and all parties having record title
Interest In the Subject Property which may ripen into a fee have subordinated to this instrument;
and that all such instruments of Subordination, if any,are attached hereto and made a part of this
instrument; and
WHEREAS,the Conditions of Approval of Vesting Tentative Map No.4487/UGM 549 dated
May 15, 1996 Issued by the City of Fresno and any amendments thereto, hereinafter referred to
as Conditions of Approval"and incorporated into this Statement of Covenants by this reference,
requires the connection of each lot of the Final Map of Tract No. 4487 ('Tract 4487")to the "City
Sewer System",as defined in Section 9-501.1 of the Fresno Municipal Code, by way of individual
w
STATEMENT OF COVENANTS
Common Sewer House Branch
Page 2
sewer house branches from each lot to the City Sewer System, or, from an approved private
sanitary sewer system serving each lot of Tract 4487 that is connected to the City Sewer System;
and
WHEREAS,the Covenantor elected to construct a private sanitary sewer system including
the construction of a common sewer house branch to service all lots within Tract 4487 and to also
serve and benefit other future lots which may be created within the Subject Property (e.g., final
and parcel maps of Tentative Maps for Tract 5061 and Parcel Map 2002-1) and served by other
separate private sanitary sewer systems, to connect all such private sanitary sewer systems to
the City Sewer System in West Audubon Drive; and
WHEREAS, the "common sewer house branch", as used herein, is that segment of the
private sanitary sewer system, from and including the sewer lift station, force main and
appurtenances thereto, to the point of connection to the City Sewer System in West Audubon
Drive, and more particularly shown on the Utility Plan for Tract 4487 approved by the City of
Fresno on May 10, 2000, and any amendments thereto,on file in the Planning and Development
Department, and
WHEREAS, Covenantor recorded Document No. 2002-0148961 on August 30, 2002,
Fresno County Records, titled "FIRST AMENDED AND RESTATED DECLARATION OF
COVENANTS, CONDITIONS, RESTRICTIONS & EASEMENTS CONCERNING PRIVATE
SEWER LIFT STATION INCLUDING OPERATION AND MAINTENANCE", hereinafter referred to
as"Declaration", and any amendments thereto, to provide for the common uses, maintenance
and operation of the private sanitary sewer systems for Tract No.4487 and other future lots which
may be created on the Subject Property and more particularly described in the Declaration; and
WHEREAS,the provisions of Section 9-503(a)(3)(11)of the Fresno Municipal Code requires
affected property owners to execute a covenant when a common sewer house branch Is approved
to serve more than one lot.
STATEMENT OF COVENANTS
Common Sewer House Branch
Page 3
COVENANTS, CONDITIONS, AND RESTRICTIONS
For favorable action on the Covenantors application for approval of the Final Map of
Tract 4487, Covenantor hereby covenants that the Subject Property shall be held, conveyed,
encumbered, used, occupied, developed, maintained, and improved subject to the following
covenants, conditions, and restrictions, which are for the purpose of maintaining the connection
of each lot to the City Sewer System.
1. The Subject Property will be developed and occupied subject to providing and
maintaining private sanitary sewer systems and the common sewer house branch to connect all
lots of Tract 4487 and future lots created within the Subject Property to the City Sewer System
In accordance with the Declaration.
2. Upon the connection of any lot within the Subject Property to the City Sewer
System,such connection shall be maintained at all times regardless of the provisions or disputes
Instituted under the terms of the Declaration.
3. The Subject Property and respective property owners shall be subject to payment
of all applicable SewerConnection Charges,SewerServices Charges and Sewer Facility Charges
as established in Article 5, Chapter 9 of the Fresno Municipal Code. The determination of such
charges will be made by the Director of the Department of Public Utilities.
4. Each of the covenants, conditions, and restrictions contained in this statement will
run with the Subject Property and shaA be binding on each successive owner of the Subject
Property and his heirs, administrators, successors, and assigns.
5. The conditions of this Statement are intended to benefit the public and public
properties. Accordingly, the City of Fresno shall have the right to enforce this Statement by any
legal or equitable means against the Covenantorand such person or persons In actual possession
of Subject Property who directly or who through any agent violate the terms hereof.
6. The foregoing conditions shall remain in full force and effect until such time as the
STATEMENT OF COVENANTS
Common Sewer House Branch
Page 4
Director of the Public Utilities Department of the City of Fresno issues a written release of such
conditions and obligations and records such release with the Fresno County Recorder.
7. The provisions of this Statement shall be deemed independent and severable and
the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not
affect the validity or enforceability of any one provision or portion hereof. Whenever the context
of the statement so requires, in interpreting this Statement,any gender includes the other gender,
the singular includes the plural, and the plural includes the singular.
DATED: ME- 002-
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
RIVERVIEW ESTATES
A California Partnership
By By: Roz Group, Inc.
?D( Martin R. McIntyre, Director a California Corporation, P
Public Utilities Department By:_:;;�a
Victor Roznov , President
APPROVED AS TO FORM:
By: BETTER HOMES, INC.
HILDA CANTU-MONTOY a California C oration, Partner
City Attor y
SS
By :
�tanley L. pano, sident
By
Deputy By: FRESNO SUPREME, INC.
a California Corporation, Partn r
Hubert Hoffman, President
C-oML►4o W- 5e"T40L9
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On 09/12/02 before me, Susan Soutas, Notary Public (Name,Title of Officer)
personally appeared Victor Roznovsky,Stanley L.Spano and Edmund W. Bergthold
(Name(s)of signer(s)
❑x personally known to me - OR -
to be the persons whose names
are subscribed to the within instrument and
acknowledged to me that they executed
the same in their authorized
SUSAN SODUAS capacities, and that by their signatures
Convnbdw#1196M on the instrument the persons, or
Notoiy Public-CcEfOMIG
Rwno County the entity upon behalf of which the persons
iuycanmE�owsepl�ZD02 acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
11111 11 1
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
INDIVIDUAL(S) _ STMT of Covenants for
X CORPORATE OFFICERS Common Sewer House Branch
Tract No. 4487
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) 8 LIMITED NUMBER OF PAGES
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S) DATE OF DOCUMENT
GUARDIAN/CONSERVATOR
OTHER:
SIGNER(S)OTHER THAN NAMED ABOVE
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
On September 19 , 20 02 , before me, Elvia Sommerville
personally appeared Patrick N. Wiemiller, Asst. Public utilities Director
personally known to me (or provided to me on the basis of satisfactory evidence) to be the
persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that
by his/her/their signature(s) on the instrument(s) the person(s), or the entity upon behalf
of the CITY OF FRESNO of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
a �
By
DEPUTY
T4487 September 5,2002(8:56AM)
EXHIBIT `A'
Page 1 of 3
Statement of Covenants Affecting Land Development
Common Sewer House Branch
(Tract 4487 and Remainder)
PARCEL 1 (Tract 4487)
Lots 1 through 37, Inclusive, of Tract No. 4487, In the City of Fresno, County of Fresno, State of
California, according to the map thereof recorded on. 10/02/2002 —, 20 in
Volume I of Plats at Pages f no to I , Fresno County Records
EXHIBIT "A"
Page 2 of 3
Legal Description of PLANNED DEVELOPMENT
Real Property situated in the City of Fresno, County of Fresno, State of California,
described as follows:
That portion of Parcel C of Parcel Map No. 79-16, in the City of Fresno, County of
Fresno, State of California, according to the map thereof recorded in Book 31 of Parcel
Maps at Pages 87 through 98, Fresno County Records, described as follows:
BEGINNING at the most Westerly corner of Parcel B of Parcel Map No. 91-31,
according to the map thereof recorded in Book 56 of Parcel Maps at Pages 43 and 44,
Fresno county Records; thence North 36°17'35" West, along the Northwesterly
prolongation of the Southwesterly line of said Parcel B, a distance of 42.00 feet to a point
on the centerline of West Audubon Drive as shown on said Parcel Map No. 91-13;
Thence North 53°42'25" East, along the centerline of said West Audubon Drive, a
distance of 46.94 feet;thence North 36017135" West,a distance of 42.00 feet to a point on
the Northwesterly right-of-way of said West Audubon Drive, said point being the TRUE
POINT OF BEGINNING;
Thence South 53°4225" West, along the Northwesterly right-of-way of said West
Audubon Drive, a distance of 239.50 feet; thence North 36°45'36" West, a distance of
319.27 feet; thence North 61°30'07" West;*a distance of 153.19 feet; thence North
27°52'32" East, a distance of 114.48 feet; thence North 49°48'37" East, a distance of
72.85 feet;thence South 36°1T35"East, a distance of 35.57 feet; thence North 53°42'25"
East, a distance of 50.00 feet; thence South 3601735" East, a distance of 445.13 feet;
thence North 53°4225" East, a distance of 81.62 feet; thence South 36017'35" East, a
distance of 32.00 feet to the TRUE POINT OF BEGINNING
EXHIBIT "A"
Page 3 of 3
Legal Description of OFFICE PARCELS
Real Property situated in the City of Fresno, County of Fresno, State of California,
described as follows:
That portion of Parcel C of Parcel Map No. 79-16, in the City of Fresno, County of
Fresno, State of California, according to the map thereof recorded in Book 31 of Parcel
Maps at Pages 87 through 98, Fresno County Records, described as follows:
BEGINNING at the most Westerly corner of Parcel B of Parcel Map No. 91-31,
according to the map thereof recorded in Book 56 of Parcel Maps at Pages 43 and 44,
Fresno county Records; thence North 36°17'35" West, along the Northwesterly
prolongation of the Southwesterly line of said Parcel B, a distance of 42.00 feet to a point
on the centerline of West Audubon Drive as shown on said Parcel Map No. 91-13;
Thence North 53°4225" East, along the centerline of said West Audubon Drive, a
distance of 46.94 feet;thence North 36°17'35" West, a distance of 42.00 feet to a point on
the Northwesterly right-of-way of said West Audubon Drive; thence South 53°4225"
West, along the Northwesterly right-of-way of said West Audubon Drive, a distance of
239.50 feet to the TRUE POINT OF BEGINNING;
Said point being the beginning of a 50.00 foot radius tangent_ curve, concave to the
Southeast; thence Southwesterly, along said curve, through a central angle of 54'05'17",
an are distance of 47.20 feet; thence tangent to said curve, South 00°22'52" East, a
distance of 83.25 feet, thence South 89037'08" West, a distance of 165.00 feet, thence
North 36°17'35" West, a distance of 155.00 feet;thence South 48°22'54" West, a distance
of 170.86 feet to the beginning of a 263.00 foot radius non-tangent curve, concave to the
Southwest, a radial to said beginning bears North 48122'54" East;thence Northwesterly,
along said curve, through a central angle of 16°5855", an arc distance of 77.95 feet, to
the beginning of a 144.00 foot radius reverse curve, concave to the East, a radial to said
beginning bears South 31023159" West; thence Northerly, along said curve, through a
central angle of 108°24'37", an arc distance of 272.46 feet; thence tangent to said curve,
North 49048'36" East, a distance of 169.57 feet, thence North 2705212" East, a distance
of 56.85 feet; thence South 61030'07" East, a distance of 153.19 feet; thence South
36°45'36" East, a distance of 319.27 feet to the TRUE POINT OF BEGINNING.