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Home My WebLink AboutT-4598 - Agreement/Covenant - 9/29/2005 (11) } WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street 09/29/2005 20050230003 Fresno, Ca 93721-3603 Q W d NO FEE - Government Code 6103 U O CITY OF FRESNO U Public Works Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY STORM DRAINAGE FACILITIES FOR TRACT NO. 4598, PHASE I OF VESTING TENTATIVE MAP NO. 4598 Statement of Covenants Temporary Storm Drainage Facilities Tract No. 4598 Page 2 RECITALS WHEREAS, LAFFERTY GDCI FRESNO L.P.; a Delaware Limited Partnership shall hereinafter be 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: Lots 4, 5 and 6 of Tract No. 4598 according to the map thereof recorded on nfembe�' 9 20_CI5- in Volume 73 of Plats at Page(s) 6/ d- ( 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 Final Map of Tract No.4598,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 r Statement of Covenants Temporary Storm Drainage Facilities Tract No. 4598 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 until the City of Fresno releases the Subject Property from such use. The Covenantor agrees to construct and maintain said temporary storm 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. 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 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 Development Department, to obtain a grading permit from the 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. P Statement of Covenants Temporary Storm Drainage Facilities Tract No. 4598 Page 4 S. 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. 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 Development Department is completed, and (b) the Public Works Director issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. r Statement of Covenants Temporary Storm Drainage Facilities Tract No. 4598 Page 5 8. The provisions of this Statement shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of anyone 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. /// /// /// E. s Statement of Covenants Temporary Storm Drainage Facilities Tract No. 4598 Page 6 DATED: 131 o S`� CITY OF FRESNO, COVENANTOR a Municipal Corporation LAFFERTY GDCI FRESNO L.P. a Delaware Limited Partnership DAVID D. HEALEY, Director - Public Works Department By: LAFFERTY/LANDCASTLE, LLC a California Limited Liability Company its Gen6ral Partner. By: AJ &-- �. Michael T. Kirn, P.E., Assistant Director B . Managing Member APPROVED AS TO FORM: (Attach Notary Acknowledgment) HILDA CANTO-MONTY City Attorney By Deputy LD&E FORM Covenant Temp Basin v7-3-03 louisr 04-02-04,Revised:09-15-2004 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On —1 T!, M� OJ before me, _ �_�'t'O Date _ �Name and Title of Officer(e.g., Jane Doe,Notary Public") personally appeared ` ,. Name( 01 ner(s) - personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(sr—whose name.(&-) is/are CALM acknowledged subscribed to the within instrument and 1874ti91 acknowledged to me that he/sbefthey executed Commisalon tCotary Pubin_California74491the same in his/h9rA4 air . authorized capacity(ies and that by his/hoP4 i CormCosta County signature(.a�on the instrument the person s�or My Comm.FxpiresApr27,2009 the entity upon behalf of which the person4)— acted, executed the instrument. WITNESS my hand and official seal. 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 II Title or Type of Document: 51�-icM,64c� +- C"a"u." Document Date: Number of Pages: I - , Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator 1 ❑ Other: Signer Is Representing 0 1999 National Notary Association•9350 De Soto Ave..P.O.Box 2402-Chatsworth,CA 91313-2402•www.Nationafttary.org Prod.No.590 Reorder:Cell Toll-Free 1-800-876-6827 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On September 2, 2005, before me, Elvia Sommerville, Deputy City Clerk,personally appeared, Michael T. Kirn, P.E., Assistant Public Works Director , known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s).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 City Seal. REBECCA E.fKLlSCH,•°,,CMC. CITY CLERK By Deputy '_= 5eptembeir 2;,20'05(8:41am) y Tract No. 4697/UGM P.W. File No. 10545 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on July 30, 2004, in the office of the Fresno County Records, Document No. 20040167603, of which the Deed of Trust in by and between: Lafferty GDCI Fresno, L.P., a Delaware Limited Partnership as Trustor, Fidelity National Title Company, as Trustee, and Ohio Savings Bank, a federal savings bank, 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 Tract No. 4598, Phase I of Vesting Tentative Map Tract No. 4598/UGM DATED: 2¢ TRUSTEE / BENEFICIARY (Attach Notary Acknowledgement) y r CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California }County of San Bernardino SS. On July 26, 2005, before me, Thanhliem Brenda Le, Notary Public, personally appeared Victor P. Bessette, personally known tome ❑ proved to me on the basis of satisfactory evidence 1HANHLIEM BRENDA LE Commission# 1398188 to be the person whose name is subscribed to - Notary Public—Callforf*P S the within instrument and acknowledged to me son Co ern ardlno� 4.nty L 2007 that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which thr person ted, ecuted the inst me . WIT E my han and a se I. Place Notary Seal Above Sign re o aryis 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: Statement of Covenants Affecting Land Development for Temporary Storm Drainage Facilities for Tract No.4598, Phase I of Vesting Tentative Map Tract No.4598 Document Date: N/A Number of Pages: 9 Signer Other Than Named Above: Capacity Claimed by Signer - Signer's Name: Victor P. Bessette OF SIGNER# I ❑ Individual ® Corporate Officer--Title: Vice President Top of thumb here ❑ Partner--❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ .Guardian or Conservator ❑ Other: Signer is Representing: Ohio Savings Bank Signer's Name: ❑ Individual ❑ Corporate Officer--Title: Top of thumb here ❑ Partner--❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ti CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Bernardino ISS. On July 29, 2005, before me, Thanhliem Brenda Le, Notary Public, personally appeared Gary L.Arnett, ® personally known tome El proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me �THMHLIEM9RENDA that he executed the same in his authorized Cornmisslor # 1398188 capacity, and that by his signature on the a - Notary Public—California Z �.. San Bernardino County instrument the person, or the entity upon behalf Z of which the person acted, executed the My Comm.EOresFeb4.207 instru nt. WI SS m d o ci Place Notary Seal Above a e f aublic OPTIO AZLIQ r)oP 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: Statement of Covenants Affecting Land Development For Temporary Storm Drainage Facilities for Tract No.4598, Phase I of Vesting Tentative Map Tract No.4598 Document Date: N/A Number of Pages: 10 Signer Other Than Named Above: Capacity Claimed by Signer Signer's Name: Gary L.Arnett OF ❑ Individual Top of thumb here ® Corporate Officer--Title: vice President ❑ Partner--❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Ohio Savings Bank Signer's Name: ❑ Individual • ❑ Corporate Officer--Title: Top of thumb here ❑ Partner-- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: