And When Recorded,
Return To:
Kenneth Sposito
Post Office Box 44
Calpine, CA 96124
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
BY THIS DECLARATION, made this _____ day of ______, 2014 by Kenneth A. Sposito and Patricia A. Sposito, hereinafter referred to as “Declarant”, as follows:
WHEREAS, Declarant is the Owner of all that real property situated in the unincorporated area of Calpine, County of Sierra, State of California, more particularly described as follows:
BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 14 EAST, M.D.M., AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 20; THENCE ALONG THE NORTH LINE THEREOF, SOUTH 89° 59’ 42” EAST 935.93 FEET; THENCE LEAVING SAID LINE, SOUTH 36° 02’ 40” EAST 7.32 FEET; THENCE SOUTH 53° 57’ 20” WEST 140.00 FEET; THENCE SOUTH 36° 02’ 40”; EAST 797.47 FEET; THENCE SOUTH 34° 05’ 34” WEST 630.57 FEET; THENCE SOUTH 67.37 FEET TO A POINT IN THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 20, SAID POINT BEING THE TRUE POINT OF BEGINNING FOR THE PARCEL HEREIN DESCRIBED; THENCE FROM SAID POINT OF BEGINNING, ALONG SAID NORTH LINE, SOUTH 89° 58’ 15” EAST 909.64 FEET; THENCE LEAVING SAID LINE, NORTH 68° 03’ 22” EAST 884.21 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20; THENCE ALONG THE SOUTH LINE, SOUTH 89° 58’ 37” EAST 4.60 FEET TO THE EAST LINE OF THE NORTHWEST CORNER OF SECTION 20; THENCE ALONE SAID EAST LINE, SOUTH 0° 28’ 14” WEST 106.32 FEET; THENCE SOUTH 68° 03’ 22” WEST 20.08 FEET; THENCE ALONG AN EXISITING FENCELINE, SOUTH 1° 17’ 00” WEST 285.45 FEET; THENCE ALONG THE CENTERLINE OF AN EXISTING ROAD, SOUTH 69° 32’ 26” WEST 517.39 FEET; THENCE SOUTH 14° 02’ 04” WEST 105.99 FEET; THENCE SOUTH 13° 01’ 09” WEST 117.96 FEET; THENCE SOUTH 41° 05’ 29” WEST 77.47 FEET; THENCE SOUTH 74° 35’ 54” WEST 87 FEET; THENCE NORTH 87° 52’ 49” WEST 113.38 FEET; THENCE SOUTH 78° 12’ 42” WEST 493.78 FEET; THENCE SOUTH 79° 55’ 18” WEST 446.88 FEET; THENCE LEAVING SAID CENTERLINE OF ROAD, NORTHWESTERLY 522.46 FEET MORE OR LESS TO THE POINT OF BEGINNING.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR ROAD PURPOSES AND PUBLIC UTILITY PURPOSES OVER A STRIP OF LAND 30.00 FEET IN WIDTH, LYING CONTIGUOUS TO AND SOUTHERLY FROM THE SOUTHERLY BOUNDARY OF SAID PARCEL.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR ROAD PURPOSES AND PUBLIC UTILITY PURPOSES OVER A STRIP OF LAND 60.00 FEET IN WIDTH, LYING CONTIGUOUS TO AND SOUTHERLY FROM A LINE BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL AND RUNNING THENCE NORTH 68° 03’ 22” EAST 1403 FEET MORE OR LESS TO THE WESTERLY LINE OF HIGHWAY 89.
APN: 012-180-015-0 and 012-18-013-0 and as further assigned by the Assessor of the County of Sierra, following the recording of the aforementioned Map.
WHEREAS, Declarant has secured approval of the County of Sierra, for the recording of the Parcel Mapfor Kenneth and Patricia Sposito (“Parcel Map”), together with a Zone Amendment from General Forest District (GF) to Rural Residential (RR-5) District, whereby the above division has been approved;
WHEREAS, Declarant intends to establish a common plan for the installation, repair and maintenance of certain fire protection improvements, consisting of a water storage tank,water supply wells, pipelines and related facilities to be installed by each Owner of a Lot along with associated plumbing (“Fire Protection Improvements”), and
WHEREAS, Declarant intends to sell, grant and convey the above-described real property, restricting it in accordance with a common plan designed for the benefit of such real property, and each parcel thereof, as well as its future Owners and occupants,
NOW THEREFORE, Declarant declares that such real property shall be held, transferred, encumbered, used, sold, conveyed, leased and occupied subject to the Covenants, Conditions and Restrictions hereinafter set forth expressly and exclusively for the use and benefit of such real property and for each and every person or entity who now or in the future may own all or any portion of such real property, as follows:
ARTICLE I
Conformance with Recorded Instruments
1.01The Subdivision and Lots subject to this Declaration shall be held, transferred, encumbered, used conveyed, occupied and benefitted by the provisions, conditions and restrictions contained in the Parcel Map, the Additional Information appended thereto and this Declaration, which is simultaneously recorded herewith on ______, 2015, Document Number ______, Book ______, at Pages ______, Official Records of the County of Sierra, State of California.
1.02The Subdivision and Lots, subject hereof, shall be held, transferred, encumbered, used, conveyed, occupied and benefitted by the provisions for Road Maintenance as set forth and subject of that Memorandum of the Articles of Association and Bylaws of Meadow Ranch Road, an unincorporated association, recorded September 29, 1999, in Book 132 at Page 4069, Official Records of the County of Sierra, State of California,as well as the Articles of Association and Bylaws of Meadow Ranch Road, an unincorporated Association.
ARTICLE II
Grant of Easements
2.01Declarant hereby confirms and grants a Non-Exclusive Easement Appurtenant for the benefit of each and every Lot, subject hereof, on, over and across Meadows Ranch Road, as the same lies within the real property, as shown and depicted on the Parcel Map for Kenneth and Patricia Sposito, recorded simultaneously herewith.
2.02The Owner of each Lot within the Subdivision, subject hereof, is hereby granted a Non-Exclusive Easement for Water Storage and for the right of access to maintain, improve and repair the Fire Suppression Storage Improvements as depicted upon the Parcel Map, the “As Built” Improvement Plans therefor, and as further set forth in Article III hereof.
2.03Upon application by an Owner of a Lot within the Subdivision for the purpose of development of a water well, whether for domestic purposes and/or for the purpose of water supply to the Fire Suppression Tank, as part of the Fire Suppression Improvements, the Owner shall grant an Easement to the Owners of the remaining Lots for the sole purpose of access, maintenance and repair of the Fire Suppression Well Supply and its related facilities.
ARTICLE III
3.01Declarant submitted a Fire Suppression Improvement Plan, prepared by a licensed California Engineer, which has been approved by necessary governmental agencies, including the County of Sierra and Cal Fire. The Fire Suppression Improvements, subject of said Improvement Plan, have been installed by Declarant and are located within the Easement, as designated upon the Parcel Map and as depicted upon the “As Built” Improvement Plan, filed with the County of Sierra. The Fire Protection Improvements are in compliance with NFPA (National Fire Protection Association) Section 1142, entitled “Standard on Water Supplies for Suburban and Rural Firefighting – 2001 Edition”, which sets forth alternative measures to provide water supplies onsite and how delivered. Any additional Fire Suppression Improvements shall not be located within any areas restricted from use and/or disturbances as identified on the Parcel Map or Additional Information Map. Ongoing maintenance for water supply, tank, pipelines and plumbing for the Fire Suppression Improvements and all components thereof, or related thereto, shall be the joint and several responsibility of the Owners of Lots within the Subdivision.
3.02Structural building permits and well permits granted to the Owner or Owners of Lots within the Subdivision shall include the requirement that the well shall be installed and connected to the Fire Suppression System for the purpose of keeping the tanks filled for the protection of proposed structures on said Lots. The Fire Suppression Tank shall be maintained in a filled condition at all times. The pipelines shall be connected to the ports located upon the Tank, as installed within the Easement as set forth upon the Parcel Map and depicted upon the “As Built” Improvement Plans. The associated pipelines and fittings shall be placed underground to avoid freezing conditions.
3.03In addition to the minimum tank requirement for the NFPA 1142 alternative, set forth in Section 3.01 above, Public Resource Code 4290 Standards, as determined by Cal Fire. Proposed specifications and standards for fire safety include water supply to the Fire Protection Improvements, access improvements, turnouts and/or turnarounds, address requirements, new construction standards, and creation and maintenance of defensible space.
3.04Each Owner shall be responsible to maintain the Fire Suppression Improvements, and related pipelines and facilities, in a functional and working condition at all times, and shall be responsible for ensuring that the Fire Suppression Tank is maintained in a filled condition at all times.
ARTICLE IV
Amendment
4.01This Declaration and the covenants and restrictions herein contained may be amended at any time by a recorded instrument signed by the then Owners of at least sixty percent (60%) of the Lots that then exist in the Subdivision.
Article V
Term and Covenants Run with the Land
5.01These covenants and restrictions shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date that this Declaration is recorded, after which time the covenants and restrictions will automatically be extended for successive periods of ten (10) years, unless an instrument signed by the then Owners of at least sixty percent (60%) of the Lots has been recorded, agreeing to change the covenants and restrictions hereof, in whole or in part.
IN WITNESS WHEREOF, Declarants have executed this Declaration of Covenants, Conditions and Restrictions on the date first above written.
DECLARANT
Dated:______
KENNETH A. SPOSITO
Dated:______
PATRICIA A. SPOSITO
Certificate of Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.State of California)
County of ______)
On ______, 2015, before me, ______(insert name and title of officer), personally appeared KENNETH A. SPOSITO and PATRICIA A. SPOSITO, who proved to me on the basis of satisfactory evidence to be the person(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 the person(s), or entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature______(Seal)
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