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HomeMy WebLinkAboutPM 2000-10 - Agreement/Covenant - 11/16/2005 (3) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2005�26�358 2600 Fresno Street ��11412�05 } Fresno, Ca 93721-3603 W NO FEE -Government Code 6103 D CITY OF FRESNO Z Public Works Department. C7 P.W. File No. 5494-9920 APN: 504-060-34 APN: 504-060-35 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY STORM DRAINAGE FACILITIES FOR PARCEL MAP-NO. 2000-10 Statement of Covenants Temporary Storm Drainage Facilities PM. No. 2000-10 Page 2 RECITALS WHEREAS, SAMUEL VINCENT MONACO and LISA QUIMET MONACO, Husband and Wife, as Trustees of The Monaco Revocable Trust, Dated March 27, 2003, hereinafter designated and 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 Exhibit"B," 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, a condition of approval for the Final Parcel Map No. 2000-10, 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. COVENANTS, CONDITIONS, AND RESTRICTIONS The 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 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 of Covenants Temporary Storm Drainage Facilities PM. No. 2000-10 Page 3 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. 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 babkfilled areas. 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. T Statement of Covenants Temporary Storm Drainage Facilities PM. No. 2000-10 Page 4 .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. 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. A. Statement of Covenants Temporary Storm Drainage Facilities PM. No. 2000-10 Page 5 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 PM. No. 2000-10 Page 6 DATED: �o a g, b5' CITY OF FRESNO, COVENANTOR a Municipal Corporation _ SAMUEL VINCENT MONACO and LISA QUIMET MONACO, Husband and Wife, as Trustees of The Monaco Revocable Trust, Dated March 27, 2003 DAVID D. HEALEY, Director Public Works Department By: .v,,cD Samuel Vincent Monaco, Trustee Michael T. Kim, P.E., Assistant Director APPROVED AS TO FORM: By: Lis Quimet Monaco, Trustee HILDA CANTU-MONTY City t n y { By, Deputy (Attach Notary Acknowledgment) J� CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF 9/9W/FoA/V 1A COUNTY OF 1;f e SN D ON 2. To S BEFORE ME, RICHARD FERGUSON, NOTARY PUBLIC 9- DATE NAME t1 TITLE OF OFFICER(EG.-JANE DOE,NOTARY PUBLIC") PERSONALLY APPEARED S/9,-51'9, </'/NCsE^.yT,�/D.dACD �9�D /S� 45v/�irr .r�1dv�lo PERSONALLY KNOWN TO ME 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/SHEITHEY EXECUTED THE SAME IN HIS/HERr HEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HEWTHEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR RICHARD FERQUN , ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, COMM. #14075 0 EXECUTED THE INSTRUMENT. NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY My COMM.ExI fres Mar,25,2007. WITNESS MY HAND AND OFFICIAL SEAL. SIGNvil OF NOTARY PUBLIC **********OPTIONAL INFORMATION********** THE INFORMATION BELOW IS NOT REQUIRED BY LAW,IT MAY PROVE TO BE IMPORTANT TO PERSONS RELYING ON THE DOCUMNENT AND COULD PREVENT FRAUDULENT REMOVAL AND REATTACHMENT OF THIS FORM TO SOME OTHER DOCUMENT, DESCRIPTION OF ATTACHED DOCUMENT TRLE OR TYPE OF DOCUMENT: DOCUMENT DATE: NUMBER OF PAGES: SIGNER(S)OTHER THAN NAMED ABOVE: CAPACITY(IES) CLAIMED BY SIGNER(S) SIGNER'S NAME: SIGNER'S NAME: _INDIVIDUAL INDIVIDUAL _CORPORATE OFFICER _-CORPORATE OFFICER TITLE(S): TITLE(S): _PARTNER RIGHT THUMBPRINT -PARTNER RIGHT THUMBPRINT _LIMfTED _GENERAL OF SIGNER _LIMITED _GENERAL OF SIGNER _ATTORNEY-IN-FACT T°°Of Thumb"ere ATTORNEY-IN-FACT TOP a n+ ,b Hire _TRUSTEE —TRUSTEE _GUARDIAN OR CONSERVATOR _GUARDIAN OR CONSERVATOR OTHER OTHER: SIGNER IS REPRESENTING: SIGNER IS REPRESENTING: Advisory Group 1721 Eaetem Av.Suite 14-Saoramerdo,CA 96864 REVISED 10-1697 REORDERS:CALL TOLL-FREE 1-800-636-7233 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On October 31, 2005, before me, E1via'Sommerville, Deputy City.Clerk, personally appeared, Michael T. Kirn, Assistant Public Works Director, known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) 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 City Seal REBECCA E. KLISCH, CMC CITY CLERK Byca Deputy october,31 2005(9:48am) r ' M ;f r Parcel Map No. 2000-10 P.W. File No. 5494-2000-10 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on March 19, 2004, as Document No. 2004-0060741, in the office of the Fresno County Recorder, of which the Deed of Trust in, by and between: The Monaco Revocable Trust, Dated March 27, 2003, as Trustor, First American Title Insurance, a California Corporation, as Trustee, and Bank of Visalia, a.California Corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for Temporary Storm Drainage Facilities for Parcel Map No. 2000-10. DATED: October 5, 2005 BENEFICIARY DAA d Of V;CA k;q/ A G 44114 4 4t0o pV00 By: Allan W. S ne, EVP/CCO By: (Beneficiary to print/type Mame and Title; and attach Notary Acknowledgment) eF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Tulare ss. On October 6 , 2005 before me, Karen-L. Casarez, Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Allan W. Stone Name(s)of Signer(s) ---------------------- xX7 personally known to me -�-{3r�ec#-te-rxaao�-#kae-k�asi�ef.satis,�ctc�r�evideuce to be the person(g whose name(sCRare subscribed to the within instrument and acknowledged to me that KAREN L. -CaHlornb Z �y executed the same in ��er heir NOW Public COf""�0 #ts5155 b466 authorized capacity(ios), and that by Ili-q%he#their pAMeCouniy signature(s) on the instrument the person(s), or the tlAyCOMM.E Mar 3,24 entity upon behalf of which the person(a) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above - SicjKa0e of 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual El Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—El Limited El General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact - ❑ Attorney in Fact Top of thumb here Top of thumb here El Trustee El Trustee ❑ Guardian or Conservator O Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 H. ;t 7` EXHIBIT "A" (DESCRIPTION OF EASEMENT) That portion of Parcel A of Parcel Map No. 2000-10, according to the map thereof recorded on / ,2005, in Book (e 500'of Parcel Maps at Page(s) O� Fresno County Records, being more particularly described as follows: BEGINNING at the intersection of the Northeasterly right of way line of California State Highway No. 99 and the Southeasterly right of way line of Farrington(F) Street(now abandoned); thence South 450 19' 18"East, along the Northeasterly right of way line of said California State Highway No. 99, a distance of 337.37-feet to an angle point in said Northeasterly right of way line; thence North 44° 45' 33"East, along said Northeasterly right of way line, a distance of 20.00 feet to the TRUE POINT OF BEGINNING of this description; thence, 1) North 45° 19' 18"West, parallel with and 20.00 feet Northeasterly of the Northeasterly right of way line of California State Highway No. 99, a distance of 163.06 feet; thence, 2) North 440 40' 42"East,perpendicular to last described line, a distance of 48.00 feet; thence, . 3) South 45° 19' 18"East,parallel with and 68.00 feet Northeasterly of the Northeasterly right of way line of California State Highway No. 99, a distance of 163.13 feet to a point on said Northeasterly right of way line; thence, 4) South 440 45' 33"West,along the Northeasterly right of way line of California State Highway No. 99, a distance of 48.00 feet to the TRUE POINT OF BEGINNING. Containing an area of 7828.38 Square Feet, more or less. The Northeasterly right of way line of California State Highway No. 99 is being referenced herein as described in that certain document recorded September 8, 1959, as Document No. 62490 in Book 4270, Page-496 of Official Records of Fresno County. ti0 eROFESSlpN9` C*:, IoW GRF��✓�F�c LU a: 0 2 No.C 12 306 �r EXP.3/31/2007 {� civil_ F A DOCS100067FWMDOC 02/01/05 SF E-00067 EXHIBIT "B" SCALE: 1"=_100' h (SKETCH OF EASEMENT) 100 50 0 100 iVp�T SCALE IN FEET P*EL F PARCEL E �• o� p j � /PARCEL D j / . ...... . ... / / \ PAAq MAS' Cb Ivo,... / v ✓qMB j j o ROINT OF lb tiA jCIV . :BEGINNINGro �r 00 �40R�HEASTERL-Y RIGHT-OF WAY LINE.. ._. ...... .. �r �/ _ OF CALIFORNIA STATE HIGHWAY No. 99 / � Q�$ s S 44°4533"W 48.00' TRUE POINT OF BEGINNING -10.... t� NOTE oQRpfESSI� THE SHADED AREA INDICATES THAT PORTION BEING. DEEDED FOR STORMWATER PONDRP PONDING BASIN PURPOSES. p�, w CONTAINS 7828.38 SQUARE FEET. O :. `� oc No.12406 * Expires 3-31-05 'j,9 IV 510�3 0� REVISED 08/03/05, GP c 1 RONALD W. GR E 0 RCE 12406 DATE REV. 05-09-05 NPF PLOT VIEW: FMFCO AUTOCAD I0 00067FM:OWG