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W A T E R E N E R C Y I WI& P U B L I C U T I L I T I E S BOARD OF PUBLIC UTILITIES RIVERSIDE PUBLIC UTILITIES Board Memorandum DATE: AUGUST 28, 2017 ITEM NO: 5 SUBJECT: RELEASE AND TERMINATE A COVENANT AND AGREEMENT AND DECLARATION OF RESTRICTIONS RECORDED AGAINST TITLE AT 5021 MYRTLE AVENUE, RIVERSIDE, CALIFORNIA DATED JULY 22, 1991 FILED ON AUGUST 5, 1991 WITH THE COUNTY OF RIVERSIDE RECORDER'S OFFICE AS DOCUMENT NUMBER 267762 ISSUE: Recommend that the City Council authorize the City Manager, or his designee, to execute and file any and all documents necessary to release and terminate the Covenant and Agreement and Declaration of Restrictions recorded against title at 5021 Myrtle Avenue, Riverside, California dated July 22, 1991, filed on August 5, 1991, with the County of Riverside Record's Office as Document Number 267762. RECOMMENDATION: That the Board of Public Utilities recommend that the City Council authorize the City Manager or his designee to execute and file any and all documents necessary to release and terminate the Covenant and Agreement and Declaration of Restrictions recorded against title at 5021 Myrtle Avenue, Riverside, California dated July 22, 1991 filed on August 5, 1991 with the County of Riverside Record's Office as Document Number 267762. BACKGROUND: In the early 1990's, the Property Owner of 5021 Myrtle Avenue (Property) desired to build a single-family residence upon a vacant lot at the corner of Victoria Avenue and Myrtle Avenue. As a condition of development, staff required the Property Owner to extend approximately 300 feet of 8 -inch water main to the Property. The Property Owner disagreed with staff's requirement and requested an extension waiver. On June 28, 1990, the Board of Public Utilities Water Committee considered and approved the Property Owner's waiver. As a condition of approving the request, the Water Committee required that a covenant and agreement (Agreement) be recorded against the Property. The Agreement required that the Property Owner pay a proportionate share of 300 feet of 8 -inch waterline extension at such time as the water main is required by the City and at the same time, pay the Distribution System Fee for the parcel frontage of the lot. On August 5, 1991, the Agreement was recorded with the County of Riverside Recorder's Office filed at Document Number 267762.