HomeMy WebLinkAboutT-5117 - Agreement/Covenant - 2/17/2005 (5) Recording Requested by IN III III 111111111111 IN 11111 IN I IN 1//111111
FRESNO County Recorder
of Fresno Robert C, Werner
City of
City Clerk DOC— 2003-0287590
2800 Fresno Street Acct 5-First American Title Insurance Company
Fresno, Ca 93721-3803 Tuesday, DEC 02, 2003 08:00:00
Tt 1 Pd $0.00 Nbr-0001325561
rgr/R7/1-8
No Fee-Govt. Code 8103
SPACE ABOVE FOR RECORDERS USE
Job Address File: 939 W. VASSAR AVE. CITY OF FRESNO
P.W. File No. 10515 Development Department
Building & Safety Services Division
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR TEMPORARY STORM DRAINAGE FACILITIES
WITHIN TRACT NO. 5117
(Vesting Tentative Map No. 5117 )
WHEREAS, Ennis-Langdon Homes, Inc., a California Corporation, hereinafter
designated as the"Covenantor," is the owner of that certain real property in the City of Fresno,
County of Fresno, State of California, hereafter referred to as the "Subject Property" and more
particularly described as follows and by this reference made part of this Statement of
Covenants:
Lots 33 through 35, inclusive, of Tract Map No. 5117, in the City of Fresno,
County of Fresno, State of California, according to the Final Map thereof
recorded on_`�-t-_&n,i>_- a 2003 in Volume, of Plats at
Pages �4 - 3 5 ,Fresno County Records.
Statement of Covenants
Temporary Storm Drainage Facilities
Tract No. 5117
Page 2
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
WHEREAS, 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. 5117, 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 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.
Statement of Covenants
Temporary Storm Drainage Facilities
Tract No. 5117
Page 3
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 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 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.
Statement of Covenants
Temporary Storm Drainage Facilities
Tract No. 5117
Page 4
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.
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.
Statement of Covenants
Temporary Storm Drainage Facilities
Tract No. 5117
Page 5
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.
8. 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.
S
Statement of Covenants
Temporary Storm Drainage Facilities
Tract No. 5117
Page 6
Date: OGrMetz 22, Loa3
CITY OF FRESNO, COVENANTOR
a Municipal Corporation Ennis-Langdon Homes, Inc.
a California Corporation
JON R. RUIZ , DIRECTOR
Public Works Department
By: By.
MICHAEL T. KIRN, Assistant Director
Public Works Department Brian Ennis, Secretary
(Attach Notary Acknowledgments)
APPROVED AS TO FORM:
HILDA CANT -MONTY
City Attor
By
Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of I L,_
On_1 Y) i++ha' ft ZLO before me, a 4n – AJ f"iJrJ4 ,
Date 2Name and Title of Offio (e.g.,"Jane Doe,Nota Public')
personally appeared 127�Ki S
Name(s)of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory
evidence
SUSAN LAFFERTY to be the person(e) whose name(ts) is/are
Commission1356288 subscribed to the within instrument and
Notary Public-California acknowledged to me that he/-gheA4iey executed
Tulare County r the same in his/heNtheir authorized
Mh�Comm.FxpilmiMay 12,2006 capacity(ies), and that by hisNTerfmir
signature(sr)on the instrument the person(e), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
` WITN S my hand and official seal.
_., , �L
%-'solfriftu-1 fLry 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
t
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
MW
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-676.6627
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On October 22,2003, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
Michael T. Kirn,Assistant Director 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.
WITNE55 my hand and official City Seal.
REBECCA E. KL15CH
City Clerk
0
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By �
Deputy
Covenant-Temporary Drainage Facilities-Tract 5117