The URL can be used to link to this page

Home My WebLink AboutPM 2004-14 - Agreement/Covenant - 12/31/2008 (4) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street 12/31/2008120080177369 Fresno, Ca 93721-3603 NO FEE - Government Code 6103 CITY OF FRESNO 0 Public Works Department Z 0 L) W N 4 LU J a STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY STORM DRAINAGE FACILITIES FOR PARCEL MAP NO. 2004-14 Statement of Covenants Temporary Storm Drainage Facilities Parcel Map No. 2004-14 Page 2 RECITALS WHEREAS, SUBURBAN PROPANE, L.P., A LIMITED PARTNERSHIP, and STANLEY GREENBERG, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY AND AS HIS SEPARATE PROPERTY, BY DECREE OF FINAL DISTRIBUTION IN THE ESTATE OF IRWIN H. GREENBERG, DECEASED, FRESNO COUNTY SUPERIOR COURT PROBATE CASE NO. 05CEPR00876, A CERTIFIED COPY THEREOF RECORDED SEPTEMBER 22, 2006, AS DOCUMENT NO. 2006-0202682, FRESNO COUNTY RECORDS, 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 as: Parcel A of Parcel Map No. 2004-14 according to the map thereof recorded on Gc'_M�— -31 , 20� in Book of Parcel Maps at Pages 57/ Sa f 53 , 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 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 Parcel Map No. 2004-14, 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. Statement of Covenants Temporary Storm Drainage Facilities Parcel Map No. 2004-14 Page 3 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 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. The Covenantor agrees to construct and maintain said temporary storm drainage facilities on the Subject Property 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 Planning and 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 Planning and Development Department, to obtain a grading permit from the Planning and 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 Statement of Covenants Temporary Storm Drainage Facilities Parcel Map No. 2004-14 Page 4 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. 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. 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. In the event that litigation is instituted to enforce or interpret any provision of this Statement of Covenants Temporary Storm Drainage Facilities Parcel Map No. 2004-14 Page 5 Statement, the parties agree that the prevailing party shall be paid reasonable attorney's fees, costs and litigation expenses. 8. 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 Planning and Development Department is complete, and (b) the Public Works Director issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 9. 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. 2004-14 Page 6 DATED: h /44/0 CITY OF FRESNO, COVENANTOR a Municipal Corporation SUBURBAN PROPANE, L.P., Public Works Department A Limited Partnership 0C- -4WRRr Patrick Wiemiller, Director By: , '2�' -k--- By:"", AaZto6,. , Scott Mozier, P.E., Assistcdft Director Vice President Business Development STANLEY GREENBERG, APPROVED AS TO FORM: A Married Man as His Sole and Separate Property JAMES C. SANCHEZ City Attorney By:_ Stanley Greenberg (ILBy: - John W. Fox STANLEY GREENBERG, Deputy City Attorney As His Separate Property, By Decree of Final Distribution in the Estate of Irwin H. Greenberg, Deceased, Fresno County Date: c4 Superior Court Probate Case No. 05CEPR00876, a Certified Copy Thereof Recorded September 22, 2006, as Document No. 2006-9-29682, Fr n��County Records c�zd2G8Z 1 . By: St nley Gr enberg (Attach Notary Acknowledgment) CLERK'S CERTIFICATION State of California ) County of Fresno ) On November 25, 2008, before me, Jennifer Morelos, Deputy City Clerk, City of Fresno, personally appeared, Scott Mozier, P.E., Assistant Director, 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) 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. REBECCA E. KLISCH, CMC City Clerk, City of Fresno of FRFsy t Deputy n o p�FED 00- SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on December 14, 2007 , in the office of the Fresno County Recorder as Document No. 2007-0221385 of which the Deed of Trust in by and between: Stanley Greenberg, a married man as his sole and separate DroDerty as Trustor, Chicago Title Company, a California corporation , as Trustee, andYvette C. Greenberg. Trustee of the Yvette Greenberg Trust dated 1, 09tneficiary, 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. 2004-14. DATED: BENEFICIARY By: ` JETTEIC. GREENB Trustee of The Yvette Greenberg Trust dated 12 /06 By: (Beneficiary to print/type Name,Title and attach Notary Acknowledgment) STATE OF NEW JERSEY ) COUNTY OF MORRIS ) On August 4, 2008,before me, Susan G. Delia,Notary Public,personally appeared Mark Anton, H 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 the 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. Notary Public Signature NOTARY PUBLIC SEAL SUSAN G. DELIA NOTARY PUBLIC OF NEW,JERSEY My Comissio^Frnires Feb.15,2089 NOTARY SEAL CLARIFICATION I certify under penalty of perjury that the "Notary Seal" on the document to which this statement is attached reads as follows: Name of Notary: Susan G. Delia Commission Number: 05033 Date commission expires: February 15, 2009 Place of execution: Whippany, NJ Date: _8/4/08 -vj Signature (Firm name, if any) Govt. Code Sec. 27361.7 3. DEI-11"A NOTARY PUBLIC Or NEW JERS``f M1 y Com, iKi n res Feb. 15,2M y STATE OF CALIFORNIA ) COUNTY OF FRESNO ) On��5+- g , 2008, before me, U r da I Cr Ly , Notary Public, personally appeared STANLEY GREENBERG YVETTE C. GREENBERG 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/slfe/they executed the same in hisCker/their authorized capacity(ies), and that by 11is4ter/their signature(s) on the instrument the person(s),or the 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. ,OF. LINDA D. BENNETT I COMM. #1754441 NOTARY PUBLIC.CALIFORNIA FRESNO COUNTY my Comm. Expires July 27,2011 No ary Public Signature NOTARY PUBLIC SEAL