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HomeMy WebLinkAboutT-4493 - Agreement/Covenant - 6/29/2006 (2) Recording Requested by City Clerk, Fresno, California No Fee-Govt. Code 6103 Return to£-perk,-Fresno C1, Qr i n �i 10/19/2001,20010153883 ABOVE SPACE FOR RECORDER'S USE P.W. File No. 10309 Planning and UGM No. 536 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY OFF-SITE DRAINAGE FACILITIES TO BE OWNER MAINTAINED FOR TRACT NO. 4493 (Phase I of Vesting Tentative Tract No. 4493) WHEREAS, THE McCAFFREY GROUP, INC., a California Corporation, hereinafter 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 attached Exhibit "A",and being further subdivided by the final map of Tract No. 4493, consisting of Eighty-four (84) lots and Two (2) outlots; 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 of Tract No. 4493 is a requirement that the Covenantor provide temporary drainage facilities for the subdivision until such time that permanent facilities are available. Statement of Covenants Temporary Drainage Facilities Tract No. 4493, Phase I of Vesting Tentative Tract No.4493/UGM No.524 Page 2 WHEREAS, The Covenantor and the City of Fresno desire to enter into an agreement providing for such 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 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. Statement of Covenants Temporary Drainage Facilities Tract No. 4493, Phase I of Vesting Tentative Tract No.4493/UGM No.524 Page 3 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. 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 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 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. Statement of Covenants Temporary Drainage Facilities Tract No. 4493, Phase I of Vesting Tentative Tract No.4493/UGM No.524 Page 4 4. 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. 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. Statement of Covenants Temporary Drainage Facilities Tract No. 4493, Phase I of Vesting Tentative Tract No.4493/UGM No.524 Page 5 DATED: OcY , 20i CITY OF FRESNO, COVENANTOR a Municipal Corporation THE McCAFFREY GROUP, INC. a California Corporation Mark I. Williamson, P.E., Director Public Works Department By: Robert A. McCaffre , Y President APPROVED AS TO FORM: HILDA CANTO-MONTOY City Attorn By: David iabattar', By Chief Operati g Ofl:tcer Deputy (Attach Notary Acknowledgment) ATTEST: REBECCA E. KLISCH CITY CLERK By .�.------ D uty STATE OF CALIFORNIA ) SS. COUNTY OF FRESNO ) On October 2, 2001 , before me, the undersigned, a Notary Public for the State of California, personally appeared, Robert A. McCaffrey and David Ciabattari, personally known to me(or proved tome 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 helshelthey executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity(ies) on behalf of which the person(s) acted,executed the instrument. WITNESS my hand and official seal. Notary Public L.S. My Commission Ex ' es: S tet 2 2 t..MICHELE L HOGAN COmmis M N 1196165 P -cmarda tg.' I — — — —RM county► *Comn.6q*wSep1Zxt� CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On Cf-He,L-/2-, 20 1 , before me, yLd-t--, qa --?-y L mak, personally appeared IT] a- � ��e'r`-� personally known to me (or provided to me on the basis of satisfactory evidence) to be the persons(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(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 seal. REBECCA E. KLISCH CITY CLERK By DEPUTY Mlr(09/27/2001) FT4493DF.wpd Tract No. 4493 P.W. File No. 10309 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 29, 1996, in the office of the Fresno County Recorder, Document No. 96- 054302 of which the Deed of Trust in by and between Trend Homes, Inc., a.California Corporation as Trustor, American Securities Company, a Corporation, as Trustee and Wells Fargo Bank,a National Association as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Covenant for Temporary Off-Site Drainage Facilities to be Owner Maintained for Tract No. 4493, Phase I of Vesting Tentative Tract No. 4493/UGM 524. DATED: i + —, 200) BENEFICIARY WELLS FARGO BANK a National Association - een g o enmor i esident By: _ 1��f n rt��' Kristin P. Miller, Vice President (Attach Notary Acknowledgement) STATE OF CALIFORNIA COUNTY OF Contra Costa ss. On this 1" day of October , 20 01 , before me, Laurie M. Geiger a Notary Public in and for the State of California, personally appeared Kathleen Slote and Kristin P. Miller , personally known to me (or proved on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that 4944 ;they executed the same in Uis�their authorized capacity(ies), and that by 4 A 4@4their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal WRIE M.GEIGElt { 901 Signature capftAM9 gCoft l in 91 4 My commission expires June 19, 2004 r TRACT NO. 4493 P.W. NO. 10309 EXHIBIT "A" TEMPORARY PONDING BASIN THE SUBJECT PROPERTY REFERRED IN THESE COVENANTS IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF FRESNO, CITY OF FRESNO AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 6101, ACCORDING TO THE MAP RECORDED IN BOOK 38, PAGE 80 OF PARCEL MAPS, FRESNO COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE SOUTH 00°05'45"WEST, ALONG THE WEST LINE OF SAID PARCEL 2, A DISTANCE OF 795.00 FEET; THENCE NORTH 89°58'44" EAST, A DISTANCE OF 395.00 FEET TO THE TRUE POINT OF BEGINNING;THENCE NORTH 89°58'44"EAST,A DISTANCE OF 100.00 FEET; THENCE SOUTH 00001'16" EAST, A DISTANCE OF 90.00 FEET; THENCE SOUTH 89°58'44" WEST, A DISTANCE OF 100.00 FEET; THENCE NORTH 00001 '16" WEST, A DISTANCE OF 90.00 FEET TO THE TRUE POINT OF BEGINNING.