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Home My WebLink AboutT-3999 - Agreement/Covenant - 6/21/2006 (2) r nu,uRucv n i rttuca 1 ur 94080556 790n Recording Requested by AT L_,Mfg. PAST M City Clerk. Fresno. California MAY 11 199 No Fee-Govt. Code 6103 f� Return to City Clerk,Fresno FREb+.0 4;0uN i Y.WkWQ01A WILUAU C.GREENWOOD.County Recorder BY DEPUTY -------------------ABOVE SPACE FOR RECORDER' S USE— -- — --------- P.W. File No . 8906 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR Temporary Off-Site Drainage Facilities Maintained By The Owner Tract No . 3999 (Phase I of Tentative Tract No . 3999) RECITALS A. BARGAIN HOMES, INC. , a California Corporation, hereinafter referred to as "the Covenantor , " is the owner of that certain real property in the City of Fresno, County of Fresno, State of California, hereinafter referred to as "the Subject Property" and more particularly described on the attached Exhibit "A" ; and B . 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 C. All such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and D. A condition of approval of Tract No. 3999 is a requirement that the Covenantor provide temporary drainage facilities for the subdivision until such time that permanent facilities are available. E. The Covenantor and the City of Fresno desire to enter into an agreement providing for such facilities . Statement of Covenants Tract No . 3999 Page 2 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 said property shall be used as temporary flooding and drainage facilities until the City of Fresno determines that such use is no longer necessary. The Covenantor agrees to maintain the temporary 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. Covenantor agrees to backfill the basins within sixty ( 60) days after the Public works Director deems the sites to be no longer necessary for basin usage . 2 . The Covenant shall in no way be construed as a grant by the City 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 Tract No . 3999 Page 3 3 . -The City 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 Covenant , or any part thereof . The Covenantor hereby releases and agrees to indemnify, defend and save the City 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 Covenant, 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 Covenantors 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 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 the temporary drainage facilities and other improvements thereon and therein. 4 . The conditions of this Statement are intended to benefit both the Subject Property, the public and public properties . Statement of Covenants Tract No . 3999 Page 4 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 . 5 . The foregoing conditions shall remain in full force and effect until such time as the City of Fresno, and the Covenantor, his heirs , successors, and assigns agree in writing that the enforcement of all or part of this Covenant is no longer equitable. 6 . 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 enforceability 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. DATED: a-�i- y�199 CITY OF FRESNO, COVENANTOR a Municipal Corporation BARGAIN HOMES, INC. , a ByF-IJ4--fAACalifornia Corporation Raym nd G. Salazar, Actipr4 Director Public Works Department BY APPRNEDAS ORM: Victor Rozn sky, Pre ent JAMECity By (Attach Notary Acknowledgments) Deputy Statement of Covenants Tract No . 3999 Page S CLERK' S CERTIFTFATE STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On R moi. `1 , 1994, before me, AGtaL-, personally appeared U Opersonally known to me (or provided to me on the basis of satisfactory evidence) to be the persons(;t) whose name($) is/a-Fe- subscribed to the within instrument and acknowledged to me that he/&h4,4-� executed the same in his/her-, 44a4-r- authorized capacity() , and that by his/ signature(,$) on the instrument(A) 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 . JACQUELINE L. RYLE, CMC CITY CLERK By l_ cm dt-� (EPUTY BJW:dlk LAND427/+6798 GL2 L28 STATE OF CALIF9REISNO COUNTY OF FF S.S. March 30 , 1994 On before me, 3 Y the undersigned < a NotaVC 8gn(RU Uft"nd State,personally appeared LL FOR NOTARY SEAL OR STAMP O W LL personally known to me(or proved to me on the basis of satisfactory cc W 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 hi%ftr/their ANGELA MA( STOKES signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. a) t NOTARY PlRMOIRRMA ta7 m PRINCIPAL OFFICE IN WITNESS my h d nd official seal FRESNO COUNTY My commission EXD.Nor.29,1996 Signature F 2492(5-91) EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY PONDING BASIN That portion of the South half of the Northeast quarter of Section 10, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, described as follows: BEGINNING at the Southeast corner of Lot 119 of J.C. Forkner Fig Garden Subdivision No. 2, according to the map thereof recorded in Volume 8.of Plats, at Page 66, Fresno County Records; thence North 89°51'50" East,. along the North line of the South half of the Northeast quarter of said Section 10, a distance of .40 feet; thence South 00°08'20" East, a distance of 100.00 feet; thence South 89°51'40" West, a distance of 175.00 feet; thence North 00°08'20" West, a distance of 100.00 feet to a point on the North line of the South half of the Northeast quarter of said Section 10; thence North 89°51'40" East, along the North line of the South half of the Northeast quarter of said Section 10; a distance of 174.60 feet to the POINT OF BEGINNING. Page 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY PONDING BASIN That portion of the Southwest quarter of the Northeast quarter of Section 10, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, described as follows: BEGINNING at the Southwest corner of Lot 119 of J.C. . Forkner Fig Garden Subdivision No. 2, according to the map thereof recorded in Volume 8 of Plats, at Page 66, Fresno County Records; thence North 89°51'40" East, along the North line of the Southwest quarter of the Northeast quarter of said Section 10, a distance of 61.27 feet; thence South 00°08'20" East, a distance of 100.00 feet; thence South 89°51'40" West, a distance of 120.00 feet; thence North 00°08'20" West, a distance of 100.00 feet to a point on the North line of the Southwest quarter of the Northeast quarter of said Section 10, thence North 89°51'40" East, along the North line of the Southwest quarter of the Northeast quarter of said Section 10, a distance of 58.73 feet to the POINT OF BEGINNING. Page 2 of 2 f Tract No. 3999 F.W. File No. 8906 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 26 , 19 94 in the office of the Fresno County Recorder in Document No . 94071671 of which the Deed of Trust in, by and between Bargain Homes, Inc. as Trustor, United Security Bank, A National Association as Trustee, and United Security Bank N.A. J. as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenant, Affecting Land Development for Temporary Off-Site Drainage Facilities - Tract No . 3999 (Phase I of Tentative Tract No. 3999) . DATED: �S� 19 A. Johnson George E. Buck RIGHTTMUMBIWIT(WrMAL) State of California W r County of Fresno Q 0 On ARril 25, 1994 before me, Sallie Perez SaizNotary Public (DAM ft#AAF—WLE OF OFF►CEA-LE.JAM WL NOTARY KMUC-) personaly appeared W. A. Jdmson And George E. Buck CAPACITY CLAIMED BY SIGNER(S) V"MM of SKOdERM) O INDMDUAL(S) S) CORPORATE OFFICER(S) V.P. O PARTNER(S) SMI CYpersonany known to me •OR. O proved tome on the basis of satisfactory evidence O ATTORNEY IN FACT to be the person(s) whose name(s) is/are sub- O TRUSTEE(S) scribed to the within instrument and acknowledged O GUARDIAN/CONSERVATOR to me that he/she/they executed the same in O OTHER: SALUE PEREZ SAIZ his/her/their authorized capacity(m), and that by COMM. #1011867 his/her/their signature(s) on the instrument the t7 NOTARY PUBM.CAUFORNA person(s). or the entity upon behalf of which the SIGNER IS REPRESENTiN6: FRESNO COUNTY person(s)acted,executed the instrument. p"W OF POSOMM OR BWMPMI MY Comm.Expires tke.22.1991 Witness rrry hand and official (WAy MM"TURE 00V3TNM