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HomeMy WebLinkAboutPM 2008-08 - Agreement/Covenant - 8/11/2006 Recording Requested by City Clerk City of Fresno 2600 Fresno Street 03A5/2001,2001003439 Fresno, Ca 93721-3603 No Fee-Govt. Code 6103 SPACE ABOVE FOR RECORDERS USE PM 2000-08 & 2000-09 Job Address File: CITY OF FRESNO P.W. File No.5494-00-08 Development Department Building & Safety Services Division STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY STORM DRAINAGE FACILITIES WITHIN PARCEL MAP NO. 2000-08 (PM 2000-08) WHEREAS, Neighborhood Opportunities For Affordable Housing, (N.O.A.H), 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 as- Parcel(s) A & B of Parcel Map No. 2000-08 recorded in Book of Parcel Maps, Page(s) ��/ , Fresno County Records; 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 WHEREAS, all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and Statement of Covenants Temporary Storm Drainage Facilities Parcel Map No. 2000-08 Page 2 WHEREAS, a condition of approval for Parcel Map No. 2000-08 & 2000-09, hereinafter referred to as "map", requires the provision and maintenance of temporary storm water storage (ponding basin) and associated facilities, hereinafter referred to as "temporary storm drainage facilities," until such time that permanent storm drainage facilities are available to serve said "map"; and WHEREAS, the Covenantor and the City of Fresno desire to enter into an agreement providing for such temporary storm drainage facilities on the subject property to serve both PM 2000-08 & PM 2000-09. WHEREAS, the Covenantor and the City of Fresno agree said temporary storm drainage facilities shall provide adequate storage capacity for stormwater runoff generated by the development of Parcel Map No. 2000-08, and Parcel Map No. 2000-09. COVENANTS, CONDITIONS, AND RESTRICTIONS .I,4. The-Covenantor hereby covenants that the Subject Property conveyed, encumbered, used, occupied, developed, maintained, and improved subject to the following covenants, conditions, and restrictions, which are for the purpose of enhancing attractiveness, usefulness, value, desirability, and safety of the Subject Property, the surrounding property, and the public at large, and to minimize possible adverse effects on the public health, safety, peace, and general welfare. Each of the covenants, conditions, and restrictions contained in this Statement shall run with the subject property and shall be binding upon and inure to the benefit of each successive owner of the Subject Property and his heirs, successors, and assigns during his ownership thereof. Statement of Covenants Temporary Storm Drainage Facilities Parcel Map No. 2000-08 Page 3 1. The Covenantor agrees that the Subject Property shall be used for temporary storm drainage facilities purposes until the City of Fresno releases the Subject Property from such use. The Covenantor agrees to construct and maintain said temporary storm drainage facilities; and grants to the City of Fresno the right to enter upon the Subject Property for purposes of inspection and to regulate the use of and access to the Subject Property. 2. The temporary storm drainage facilities shall be constructed to conform to the grading plans prepared at the Covenantor's expense and approved by the Development Department. The design of the temporary ponding basin, including fencing, shall conform to Public Works standard specifications. The work shall be constructed pursuant to a grading permit issued by the Development Department 3. The Public Works Director shall determine when such temporary storm drainage facilities are no longer required. Within sixty (60) calendar days after the Public Works Director notifies the Covenantor that such temporary storm drainage facilities are" no longer necessary, Covenantor agrees, in accordance with grading plans prepared at the Covenantor's expense and approved by the Development Department, to obtain a grading permit from the Development Department to abandon such temporary storm drainage facilities. The abandonment of said temporary storm drainage facilities may include, but is not limited to, demolition and disposal of certain structures, fencing, backfilling, compaction and grading the Subject Property in accordance with said approved grading plan. Compaction reports, provided at the Covenantor's expense, shall be required for backfilled areas. Statement of Covenants Temporary Storm Drainage Facilities Parcel Map No. 2000-08 Page 4 4. This Statement shall in no way be construed as a grant by the City of Fresno of any rights to the Covenantor to trespass upon land rightfully in the possession of, or owned by another, whether such land be privately or publicly owned. 5. The City of Fresno shall not be liable to the Covenantor or to any other person, firm or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on or about the Subject Property of said land covered by this Statement, or any part thereof. The Covenantor hereby releases and agrees to indemnify, defend and save the City of Fresno harmless from and against any and all injuries to and deaths of persons, and all claims, demands, costs, loss damage and liability, howsoever same may be caused, resulting directly or indirectly from the performance of any or all work to be done in and upon the street rights-of-way and said Subject Property and upon the premises adjacent thereto pursuant to this Statement, and also from all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and liability, howsoever same may be caused, either directly or indirectly made or suffered by the Covenantor, the Covenantor's agents, employees and subcontractors, while engaged in the performance of said work. The Covenantor further agrees that the use for any purpose and by any person of any and all of the temporary storm drainage facilities and improvements hereinbefore specified, shall be at the sole and exclusive risk of the Covenantor at all times prior to the release by the City of Fresno of the temporary storm drainage facilities and other improvements thereon and therein. Statement of Covenants Temporary Storm Drainage Facilities Parcel Map No. 2000-08 Page 5 6. The conditions of this Statement are intended to benefit both the Subject Property, the public and public properties. Accordingly, it is agreed the City of Fresno shall have the right to enforce this Statement by any legal or equitable means against the Covenantor and such person or persons in actual possession of the Subject Property who directly or who through any agent violate the terms hereof. 7. The foregoing conditions and obligations of this Statement shall remain in full force and effect until such time as: (a) the work to abandon the temporary storm drainage facilities under the grading permit issued by the Development Department is completed, and (b) the Public Works Director issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 8. 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 enforce ability of any other provision hereof. Whenever the context of the Statement so requires, in interpreting this Statement, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. Statement of Covenants Temporary Storm Drainage Facilities Parcel Map No. 2000-08 Page 6 CITY OF FRESNO, COVENANTOR a Municipal Corporation Neighborhood Opportunities for Affordable Housing, Project 1 By: uJ�� ��S�a 1 By: &4&he Mark I. Williamson, P.E., Director Rodger E. Crowley, Public Works Department President APPROVED AS TO FORM: By: Frank Johnson HILDA CANTU- TY Executive Dire r City Attor By Dep (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I I: State of California ss. County of Fresno I I: On February 21, 2001, before me, Pam Rodrigues, Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") I personally appeared Frank Johnson*** Name(s)of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(g) whose name(s) ®s are subscribed to the within instrument and acknowledged to me thaj she/they executed I: the same in cher/their authorized %imy PAM RODRIGUEScapacity(i�), and that by 40her/their cc NOT�w,r"ro .#1261UFORNIA oposignature(() on the instrument the person(�s), or m ��E&JOCOU�N 7o the entity upon behalf of which the person(X) cwweww Exp,herd,22,2oa acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of N ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Statement of Covenants Affecting Land Development Within Parcel Map No. 2000-08 - current Date: .Number of Papes: I Signer(s)O Than Named Above: Capacity(ies) Claime Signer Signer's Name: _ ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General I F. Attorney in Fact Cl Trustee , L1 Guardian or Cons or ❑ Other: S.o r Is Representing: ©1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I , State of California ss. County of FresnoI I I On February 22, 2001 , before me, Linda K. BakerNotary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") I personally appeared Rodger E. Crowley Name(s)of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence ., to be the ers (s) whose na (sure subscribed to the within instrument and LINDA K. BAKER acknowledged to me thaGh /she/they executed COMM. #1196101 the ._ me inhis er/their authorized NOTARY PUBLIC•CALIFORNIA FRESNO COUNTY apaC; (ies), and that by hi/her/their My Comm.Expires Sept. 12,2002signatur )on the instrument thE(pers s , or the entity upon behalf of which th perso (s) acted, executed the instrument. WITNESS my hand and official seal. I Place Notary Seal Above Si ature o Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: I' I Document Number of Pages: I � Signer(s) Other Than ed Above: Capacity(ies) Claimed by er Signer's Name: ❑ Individual Top of thumb here [I Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General F1 Attorney in Fact C l Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 1999 National Notary Association•9350 De Solo Ave.,PO.Box 2402•Chatsworth,CA 913132402•www.nationalnotary.org Prod No.5907 Reorder:Call Toll-Free 1-800-876-6827 .j CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On I ' AECI� 2; ; 2001, before me, E LIJ N U E personally appeared Mark I. Williamson personally known tome (or provided to me the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of the CITY OF FRESNO of which the person acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK J / By tDE(P TY Covenant-Temporary Drainage Facilities WITHIN the map 01-01-2000