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HomeMy WebLinkAboutPM 2007-15 - Agreement/Covenant - 10/29/2008 (5) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street 1Q12912�0� 200g0152203 Fresno, Ca 93721-3603 NO FEE -Government Code 6103 CITY OF FRESNO L5 Public Works Department w 0 LL z 0 0 W w a W J IL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY STORM DRAINAGE FACILITIES FOR PARCEL MAP NO. 2007-15 Statement of Covenants Temporary Storm Drainage Facilities Parcel Map No. 2007-15 Page 2 RECITALS WHEREAS, MID STATE INVESTORS, LLC., a California Limited Liability Company, 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 B of Parcel Map No. 2007-15 according to the map thereof recorded on (cyn her 0?9 , 200o? in Book_ 6� of Parcel Maps at Pages 34 P.37 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. 2007-15, 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. 2007-15 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 a portion of the Subject Property more particularly described in the attached Exhibit "A", 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. 2007-15 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 Statement of Covenants Temporary Storm Drainage Facilities Parcel Map No. 2007-15 Page 5 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. 2007-15 Page 6 �7 DATED: I00 CITY OF FRESNO, COVENANTOR a Municipal Corporation MID STAT INV TORS, LLC., Public Works Department A Californ' i to Liability Company Patrick Wiemiller, Director r r By: l Scott Mozier, P.E., Ass istanf70 irector By: M7 . Williams, Member APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By. to . i John W. Fox Deputy City Attorney Date: (Attach Notary Acknowledgment) State of California ) County of Fresno ) On September 23, 2008 before me, H. Roberts , Notary Public (here insert name and title of the officer), personally appeared Percy L. Wiliams, 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. WITNE�S h'nd end offici I seal. H. ROBERTS COMMIsslon# 1689872 Signature (Seal) .`� a Notary public-ca((rorn(a Fresno Coin y tvt y Comm.Expires Sep 23,2010 (notary)(12-07) CLERK'S CERTIFICATION State of California ) County of Fresno ) On October 22, 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) islare subscribed to the within instrument and acknowledged to me that helshelthey 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 By "-Deputy ���❑F rR�s�o Ck a 4rED Jrl SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on July 31, 2007 , in the office of the Fresno County Recorder as Document No. 2007-0145461 **modified of which the Deed of Trust in by and between: Mid State Investors, LLC as Trustor, Fidelity National Title Company as Trustee, and San Luis Trust sank 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. 2007-15. **Sept 26, 2007, Inst #2007-0179885 **May 28, 2008, Inst #2008-0076614 DATED: BENEFICIARY By: C /—, By. (Beneficiary to print/type Name, Title and attach Notary Acknowledgment) State of QqjLornia ) County of In IS 0 On 6� before me, -CG1 , Notary Public (here insert name and title of the officer), personally eared i who proved to me on the basis of satisfactory evidence to be the person(81whose name(,d) is/axesubscribed to the within instrument and acknowledged to me that he/she{th executed the same in his/4erf+�r authorized capacitykie64,and that by his/her tth it signature(s� on the instrument the person(A, or the entity upon behalf of which the perso*) 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 d official seal. � AMY J. MERAZ. '�•�"'�.. Commission# 1549682 4Signature (Seal) Z _m Notary public-California I\j Z `� San Luis Obispo County My Comm.Expkes Feb 3,2009 (notary)(12-07) SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 2, 2008 in the office of the Fresno County Recorder as Document No. 2008-0064840 of which the Deed of Trust in by and between: Mid State Investors, LLC as Trustor, Fidelity National Title Company as Trustee, and Lee Vincent Lavelle and Laurette Marie Lavelle', :as trustees** , 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. 2007-15. DATED: y BENEFICIARY Lee Vincent Lavelle and Laurette Marie Lavelle, as trustees of The Lee Vincent Lavelle and Laurette Marie Lavelle Trust By 0Z7rx �•mss ou � �` Lee Vincent Lavelle, ttustee Laurette Marie Lavelle, trustee Robert er an Patricia Meyer, trusteeso r �Patricia Meyer Revocable Living a 7/28/77 as amended By: By: a$gttomey-in-faia Meyer Robert Meygr, trust Patricia Meyer, tr stsee By: cS dtt K. Cursey Henri Nielsen I, **of The Lee Vincent Lavelle and Laurette Marie Lavelle Trust as to an undivided 260/4255ths interest; Robert Meyer and Patricia Meyer, trusteesof The Robert and Patricia Meyer Revocable Living Trust dated 7/28/77 as amended as to an undivided 90/425ths interest; Scott K. Cursey, a single man as to an undivided 5/425ths interest; Henrik Nielsenl, :a married man as sole and separate property as to an undivided 70/425ths interest (Beneficiary to print/type Name, Title and attach Notary Acknowledgment) Andrew V. Marinello and Lori L. Marinello, husband and wife as joint tenants as to an undivided 75/260ths interest Escrow No.: 07-613132-HR Locate No.: CAFNT0910-0910-0005-0000613132 Title No.: 07-613132-ak BENEFICIARY CONTINUED n rew V. M rinello r� Lori L Marinello Exhibit Page—signatures(exhibi)(8-02) STATE OF CALIFORNIA } } ss. COUNTY OF SAN LUIS OBISPO } On 9-26-08, before me, L. A. BLASQUEZ, a Notary Public, personally appeared ANDREW V. MARINELLO and LORI L. MARINELLO, 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. L,A. PL''S' 1L� rr *ieCC111"1.Y 1 Ali'�5 C ix Nc:sry r'ul; C;:'i prlia s GGurty Of Sa-Luis Gthj_po ra Signature M Gomra +xp 5e7t 10,Ppil9 Notary Name: L. A.BLASQUEZ Notary Phone Number: 805-786-2038 (please PRINT) Notary Registration Number: 1601565 Commission Expiration Date: 9-16-09 County of Principal Place of Business San Luis Obispo SMS Vision Form SAS03CA Rev.06123/99 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, � -►1��i � 'J�J �� ,C.f� Date Here Insert game and Title of the Offi :r personally appeared le'le 4p l 14 amus)of Signer(s) Ala. "_u who _ i�• T �e 7 - 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 DEBRA A. CONwhich the person(s) acted, executed the instrument. L_ MVCorrM9ft Ct 177C1n6Nofary I certify under PENALTY OF PERJURY under the laws ary PuPublillc -CallfornlcMonterey County of the State of California that the foregoing paragraph is oet21 2ptT true and correct. WITNESS my hal anofficial seal. Signature --e;rf 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 i Title or Type of Document: _ , Document Date: , . 4 ' Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Na Signer's Name: _& ❑ Individual ❑ Individual C! Corporate Officer—Title(s): v Corporate Officer—Title(s): ❑ Partner—❑ United ❑ General -_ I Partner—❑ Limited C General ❑ Attorney in Fact • Attorney in Fact • ij Trustee Top of thumb here /U Trustee Top of thumb here CI Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Other: Signer Is Representing: igner Is Representing: ' ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, -1 a1 cj Date Here Insert Name and Title or the C?Kcer I - personally appeared ZZO N �(s)c!SigneR(s) tl Au&— c4A�n4z V 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 DEBRA A. COM which the person(s) acted, executed the instrument. Commlubn* 17701" NWWY PU1W-CcURWAo ( I certify under PENALTY OF PERJURY under the laws OF Monterey CourNy of the State of California that the foregoing paragraph is Corrrr> Od 1 1 true and correct. WITNESS my hand and official seal. Signature �_ I Place Notary Seal Above nature 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 Docu lent 04, Title or Type of Documen Document Date: 7 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) / Signer's Name: Signer's Name:Z29 Cl Individual LJ Individual ❑ Corporate Officer—Title(s): [ !Corporate Officer—Title(s): f=1 Partner—__ Limited ❑ General ❑ Partner—CI Limited ❑ General ❑ Attorney in Fact • 'Attorney in FactIRT- • Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator Cl Other: D Other: Signer Is Representing: S' ner Is Re presentin rV V 4 02007 National Notary Association-9350DeSoto Ave.,P.O.Box2402•Chatsworth,CA91313-2402-www.NationalNolaryorg Item 45907 Reorder:Call Toll-Free 1-800-876-6827 Statetf California CounL j County of �1 On before me, 1 VLA t.S Notary Public (here insert name and title of the officer), personally ; !d `.--'I 1-4� V ILLI A-. who proved to me on the basis of satisfactory evidence to be the personN whose nameN) is/fie subscribed to the within instrument and acknowledged to me that he/sly /the executed the same in his/Rer/thi) it authorized capacity(i'),and that by his/ r/ti*r signature on the instrument'the'personK 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. L-} Signature ! 1aa) / (Seal) M ��$�►KuIU Commission * 1737483 Notary Public •Coilfornla UM Luis Obispo County WCOMM IDOU MOV lf.2011 (notary)(12-07) State of California ) County of o Li--)!� On ,�X 1`r k� "��r- I D K before me, St�� `A , Notary Public (here insert name and title of the officer), personally appeared kle-eirik A/ /Ojv who proved to me on the basis of satisfactory evidence to be the personN whose nameW is/a',re subscribed to the within instrument and acknowledged to me that he/Ne/they executed the same in hist%<their authorized capacity(ks),and that by his/A-,r/tNr signatureN on the instrument the personN , or the entity upon behalf of which the person(s-kacted, 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. Signature / / �l(�_ .�� ,1� (Seal) MELISSA KUES Commisslon -# 1737485 v Notary Public -California = San Luis Obispo County - MVComrn.B0ft M0y b,2011 (notary)(12-07) i —MM-INE OF THE 59UT.HNEU—Q 1ARrE 9EOOH_28..7 LM lgE�{Y Q R kU I NV. C--LINTON AVE. I7 m. 1/4 Oo I a�ow so IVIO II - II II II II II PARCEL 'A' II Q a II II U II W w U II I4 r� PARCEL 'B' j I � Z18' r .'+W. ASSAR 3 ' 1 -31' 146' �--r301 to I 1 . ai1 00 . 1 2' f 1 s' Temporary � . Basin IC14 - i l I� � 1 I .r saa 1 x-35. 141' i o 3 ' � SCALE: 1"=80' Harbour&Associates GRAPHIC SCALE PM 2007-15 Civil Engineers 389 Clovis Avenue,Suite 300-Clovis, California 93612 0 40' ao' 160' EXHIBIT "A" (559)325-7676• Fax(559)325-7699