HomeMy WebLinkAboutPM 2005-33 - Agreement/Covenant - 7/23/2008 (3) WHEN RECORDED MAIL TO:
0 07/23/2008,20080104798
LL
Z City Clerk
VCity of Fresno
W 2600 Fresno Street
to Fresno, Ca 93721-3603
Q
W
.J
NO FEE - Government Code 6103
CITY OF FRESNO
Public Works Department
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR TEMPORARY STORM DRAINAGE FACILITIES FOR
PARCEL MAP NO. 2005-33
Statement of Covenants
Temporary Storm Drainage Facilities
Parcel Map No. 2005-33
Page 2
RECITALS
WHEREAS, RENE M. CHAREST COMPANY, INC., a California Corporation and
/1L KEVIN LAND, a Single Man, 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 C of Parcel Map No. 2005-33 according to the map thereof recorded
on JJ 111U ca 20&1_ in Book 69 of Parcel Maps at
Pages f 23'7 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. 2005-33, 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
Parcel Map No. 2005-33
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. 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
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.
Statement of Covenants
Temporary Storm Drainage Facilities
Parcel Map No. 2005-33
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. In the event that litigation is instituted to enforce or interpret any provision of this
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
Statement of Covenants
Temporary Storm Drainage Facilities
Parcel Map No. 2005-33
Page 5
(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. 2005-33
Page 6
DATED: oL Z.G ASr
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
RENE M. CHAREST COMPANY, INC.,
Public Works Department A California Corporation
Patrick Wiemiller, Director
By. -- By:
Scott Mozier, P.E., Assista t Director AMCharet, President
APPROVED AS TO FORM: ENNIS ENTE RISES, LLC.,
A California Limit Liability ompany
JAMES C. SANCHEZ
City Attorney
By:
Ben A. Ennis, Managing Mlmlber
By: �.�Y KEVIN LAND, a Single Man
John W. Fox
Deputy City Attorney
Date: O By:-
Kevin Land
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Fie� 0 -
OJaf�Y` --")I � before me, dAqU ,
(I-ere insert name arif title of the officer)
personally appeareKey_l"'yl Lod
who proved to me on the basis of satisfactory evidence to be the person0whose name is/®subscribed to
the within instrument and acknowledged to me that he/sh th y xecuted the same in his/heidqR authorized
capacity le ', and that by his/he th ' ignaturQon the instrument the person s>� or the entity upon behalf of
which the person 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.
C. GONZALEZ
COMM. # 1746987
WI ESS my hand and official seal. z =` NOTARY PUBLIC-cALIFtJRNIA
FRESNO COUNTY
My Comm.Expires May 24,2011
Signature of tary o 1 (Notary Seal)
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CLERK'S CERTIFICATION
State of California )
County of Fresno )
On June 27, 2008, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno,
personally appeared, Scott Mozier, P.E. Assistant Public Works 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.
l 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, CIVIC
City Clerk, City of Fresno
a
By
Deputy
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on To nc 0(, R O C) 7 , in the office of the Fresno County Recorder
as Document No. 2 On ZOLC23 6 6 3 of which the Deed of Trust in by ant�n� �nn15
e
between: �en e-, M C h cl r es� Cam Igo n � 16c. , � t a'kevio �grios Trustor, ��
N a :Lt o n 1 ` n ibe, Z'n,13 Qr PQrl C& Comp—griy , as Trustee,
and (", i+ i Zf-e n S JSy s i n PS—C, a Cd 13 _1� , 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. 2005-33.
DATED:
{
BENEFICIARY
By:
SU Mega e�
�n~4V
Yn e&s�Cw
By:
(Beneficiary to print/type Name,Title and
attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of �- L h z)
On :>,-� before me, _ �'��X r .S-Dn � L
Dale- Here Insert Name and Title of the Officer
personally appeared
Name Signer(s)
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
VALERIE MtLSON instrument the person(s), or the entity upon behalf of
Commission#1531851 which the person(s) acted, executed the instrument.
z`:=ali Notary Public-California
Z !;� Fresno County
my Comm.Expires Dec 4,2008 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS hand and official
Place Notary Seal Above Signature ignature o of 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
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General _ _ ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact ❑Attorney in Fact •
El Trustee El Trustee Top of thumb here Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotaryorg Item#5907 Reorder:Call Toll-Free 14=-876-6827
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on e"I 3 6 0 B in the office of the Fresno County Recorder
as Document No. 0,55-3a,3 of which the Deed of Trust in by and
between: RPnG M (rkcire s+ &�mpany Z-he .''1�ov j '1 Lnvid as Trustor,
Fide-1 AW q-,+ l rn V-0ny as Trustee,
and aa s I h c SSs h 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. 2005-33.
DATED:
BENEFICIARY
By:
Q. ;Layl Crn Rir,0
4 i
By:
(Beneficiary to print/type Name,Title and
attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On I before me, V Qc�ex 1_-Q �.
LTatel Here Insert Name an Tie of the Officer/
personally appeared `\>�\J\
kc
ame(s)of Signer(s)
e
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
VAm ssiLERIE n#15 1 which the person(s) acted, executed the instrument.
Commission#1531851
z @my
Notary Public-California
ZFresno County I certify under PENALTY OF PERJURY under the laws
Comm.Expires Dec 4,2006 of the State of California that the foregoing paragraph is
true and correct.
WITNESS hand and official eal.
Signature
Place Notary Seal Above Signature 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:
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—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General _ _ ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact ❑Attorney in Fact •
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on A i^ 1 ` b a o O 9 in the office of the Fresno County Recorder
as Document No. aO Q R OOSS3a l' of which the Deed of Trust in by and
between: lie n M C hc�r�� � o rrl A� G� 0jea as Trustor,
F P, 11`4—V N or+'L 1:111 M K? Q as Trustee,
and +1 �- P—ns IS u 5 I Y1`2S S i a h `k , 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. 2005-33.
DATED:
BENEFICIARY
By:
P ka o.9 /M a r14 -,e F
L H- i �eXLS GY 51'n CS S n
By:
(Beneficiary to print/type Name, Title and
attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of . h'd
On C-0 j jl�j_kz4 before me, Cit PI-4 i i
ate Here Insert Namb add Title of the Offielir
personally appeared
Name(s)of Signer(s)
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
VALERIE CHARLSON instrument the person(s), or the entity upon behalf of
Commission# 1531851 Z which the person(s) acted, executed the instrument.
Notary Public-California
Fresno County
amy Comm.Expires Dec 4,2008 1 certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS y`hand and officialseat.
Signature ( 16r
Place Notary Seal Above Signature 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
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact ❑Attorney in Fact •
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,PO.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on M 0c) , in the office of the Fresno County Recorder
as Document No. 9C)C :3 .- O 06 of which the Deed of Trust in by and
between: f� �nc' M C kC{,r^(-,s i Ca 1niogny jcft�ay l a Lcmd as Trustor,
as Trustee,
and C r 1 Z.e, rl�; Lt S i V1P 5 S r2 ct n , 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. 2005-33.
DATED:
BENEFICI Y
By: _
0. 1-.0�`� SVF�N2u
t 'z- S us r n�5 S n
By:
(Beneficiary to print/type Name,Title and
attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of -Q p�
On before me, tit l_R_
D to Here Insert Namaland Title of the Office
personally appeared
Name(s)of Signer(s)
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
VALERIE CHARLSON instrument the person(s), or the entity upon behalf of
Commission#15318ni which the person(s) acted, executed the instrument.
z emy
Notary Public-California
z
Fresno County
Comm.Expires Dec 4,2008 1 certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS hand and official Pal.
Signature
Place Notary Seal Above Sign 1 otary 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
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited L General
IT
❑ Attorney in Fact • L Attorney in Fact •
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,P.0.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827