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HomeMy WebLinkAboutT-5141 - Agreement/Covenant - 8/2/2005 (6) _ Recora►ng Requested by � IIII III III�III��II 1111 II II IIII��III I IIII�IIII I ill Fresno County Recorder City clerk William C, Greenwood City of Fresno DOC- 2000-0159745 2600 Fresno Street Roet 5-First Rmerlican Title Insurance Company Fresno, Ca 93721-3603 Friday, DEC 29, 2000 08:00:00 FRE $0.00 Ttl Pd $0.00 Nbr-0000464082 djp/R6/l-10 No Fee-Govt. Code 6103 SPACE ABOVE FOR RECORDER'S USE CITY OF FRESNO P.W. File No. 10254 Development Department Building & Safety Services Division STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY STORM DRAINAGE FACILITIES (Phase III of Vesting Tentative Map No. 4357) WHEREAS, CENTRAL PACIFIC BUILDERS, 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 Exhibit 'A" attached and incorporated herein by thi i reference; 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 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 4951, requires the provision and maintenance of temporary storm Walter storage (ponding basin) and associated facilities, hereinafter referred to as "temporary storm drainage facilities,"and more particularly described in Exhibit "B," attached and incorporated herein by this Statement of Covenants Temporary Storm Drainage Facilities Tract No. 4951 Page 2 reference until such time that permanent storm drainage facilities are available to serve said final map; and WHEREAS, a condition of the Release of Covenants For Temporary Off-Site Drainage Facilities For Tract 4826, Phase II of Tentative Tract 4357 until such time that permanent storm drainage facilities are available to serve said final 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. 1.10 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 Statement of Covenants Temporary Storm Drainage Facilities Tract No. 4951 Page 3 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 i 3. The Public Works Director shall determine when such temporary storm drainage facilities are no longer required. Within sii y (60) calendar days after the Public Works Director notifies the Covenantor that such temporary storm drainage facilities are no longer necessary, Covenantor agrees, in accordnce 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 disposalof 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. 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 of 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 I damage and liability, howsoever same maybe 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 . and all claims, demands, costs, loss, Statement of Covenants Temporary Storm Drainage Facilities Tract No. 4951 Page 4 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. 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 inclules the plural, and the plural includes the singular. Statement of Covenants Temporary Storm Drainage Facilities Tract No. 4951 Page 5 DAIG 1 -c ?�2�bc�,f 1Gi,Zea,0c-> 1 : CITY OF FRESNO, COVENANTOR a Municipal Corporation Busick Properties By: By: Mark I. Williamson, P.E., Director Leslie Busick Public Works Department APPROVED AS TO FORM: HILDA CANTU- ONTY City Attor By / 1 Deputy (Attach Notary Acknowledgment) STATE OF NEVADA ) . ss . COUNTY OF WASHOE ) On this day of December, 2000, personally appeared before me, a notary public, LESLIE BUSICK, personally known or proved to me to be the person whose name is subscribed to the above Statement of Covenants Affecting and Development for Temporary Storm Drainage Facilities, who acknowledged that he executed the same . NOTARY PUBLIC F .c314i.3tl:.M.g bHipQdYSiMSOY EMILYAN-N LADOUCEUR Public,State of Nevada tment No. [10.62374,2 Expires larch 28,2004 gfsae.*.a;=;•.v:cexn�.ewara�a� CLERICS CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On -D _ ;w ' , 2000, before me, G t L. !U personally appeared Mark I. Williamson personally known to me (or provided tom on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrumentthe person, or the entity upon behalf of the CITY OF FRESNO of which the person acted,lexecuted the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK By AA 0 DE U V Exhibit "A" That portion of Lot 323, 324, 325 and 326 of J.C. Forkner Fig Gardens Subdivision No. 3 recorded in Volume 8 of Plats at Page 79, Fresno County Records, described as follows: Commencing at the West Quarter Corner of Section 3, Township 13 South, Range 20 East, Mount Diablo Base and Meridian;thence N. 00°32'23"E. along the West line of said Section 3, a distance of 112.92 feet; thence N. 18°08'29"E., a distance of 449.42 feet; thence N.89°40'50"E.;a distance of 855.62 feet; thence N. 78'42'1 9"E., a distance of 59.00 feet; thence S.00°35'59"W.,a distance of 551.42 feet to a point on the South line of the Northwest Quarter of said Section 3; thence 5.89°43'52"W. along said South line, a distance of 1,048.70 feet to the point of commencement. Together with that portion of Lot 323, 322 and 321 of J.C. Forker Fig Gardens Subdivision No. 3 recorded in Volume 8 of Plats at Page 79, Fresno County Records, described as follows: Commencing at a point on the South line of said Lot 323 that bears N.89°43'52"E., a distance of 53.99 feet from the Southwestcorner thereof; thence N.89143'52"E., along the South line of said Lots 323, 322 and 321, a distance of 867.59 feet to a point on the centerline of West Corona Avenue as said centerline is shown on the map of Tract No. 4356 recorded in Volume 54 of Plats at Pages 49 through 52, Fresno County Records; thence N.00°16'08"W., along said centerline, a distance of 137.00 feet to the beginning of a 390.00 foot radius tangent curve, concave to the West; thence Northerly along said curve, through a central angle of 31°53'31", an arc distance of 217.08 feet; thence N:45°40'46"W., a distance of 341.33 feet; thence leaving said centerline, S.62°29'16"W., a distance of 108.59 feet; thence S.891143'52"W., a distance of 361.01 feet; thence S.00°35'59"W., a distance of 13.12 feet; thence N.89024'01"W., a distance of 100.00 feet; thence S.00°35'59"W., a distance of 521.42 feet to the point of commencement. rn a. �r 7 RE Q v z y cJ'J IL \R' 9lFOF C A09� L•U999199082\Temp.Drainage Basin Covenant.doc 11/21/00 3:57 PM ° EXHIBIT B PAGE 2 OF 2 i i i W ��J�� ! I I t � ITRACT NO. 4951 PHASE.Ill OF VESTING TENTATIVE TRACT NO 4357 30. ! J PROPOSED PARCEL A CITY OF FRESNO LOT LINE i ! I WEST QUARTER CORNER, I! SECTION 3, 13119 - ADJUSTMENT N0. NOO'32'23"E _ S NORTH HAVES AVENUE NOO'32'23"E M 30.00' N892737"W - o 285.20 5003223"W POINT OF BEGINNING N^ Nom. 30' 30 &�®©�d4 285.20'- NOO 32'23"E . f° ° ° �( I CITY OF FRESNO I Q� WATER WELL SITE , SIE 1 5-A6 6020 O 82 m Lu ,y-0J �: \ J CIVIL qTF 0 C NL-� �- Z' - SCALE: 1"=100' STORM DRAIN BASIN I R A B E ENGINEERING, INC. WEST SIERRA AVENUE & I 2021 N. GATEWAY BLVD. FRESNO, CA 93727 (559) 252-7223 FAX (559) 252-4746 NORTH HAYES AVENUE BY S.K.S'. DATE 10-23-00 FRESNO, CALIFORNIA FIELD BOOK PAGE JOB NO. 99-082 CAOF7LE.• \\99082\99082bosinsEXIB/f.dwg Job #90-100 EXHIBIT"A" THAT PORTION OF LOT 267 OF J.C. FORKNER FIG GARDENS SUBDIVISION NO. 3 AS SHOWN ON THE MAP THEREOF RECORDED IN VOLUME 8 OF PLATS AT PAGE 79, FRESNO COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 267; THENCE NORTH 89°37'58" EAST, ALONG THE NORTH LINE OF SAID LOT 267 A DISTANCE OF 103.10 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 00°22'02" EAST A DISTANCE OF 6.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45°40'46" EAST A DISTANCE OF 122.10 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS. POINT BEARS SOUTH 43°18'51" EAST A DISTANCE OF 1340.00 FEET; THENCE SOUTHWESTERLY ALONG SAID NON- TANGENT CURVE THROUGH A CENTRAL ANGLE OF 5017'42" AN ARC DISTANCE OF 123.84 FEET; THENCE NORTH 45°40'46" WEST A.DISTANCE.OF 122.15 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS POINT BEARS SOUTH 48021'52" EAST A DISTANCE OF 1462.00 FEET; THENCE NORTHEASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 4°51'10" AN ARC DISTANCE OF 123.83 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 15,108 SQUARE FEET A LITTLE MORE OR LESS. � 0%_ANDSli a L.8 UC4 'Q NO. 5089 Q�� �OP C A\-\�O A. Exhibit B Page 1 of 2 That portion of Lot 327 of J.C. Forkner Fig Gardens Subdivision No.3,recorded in Volume 8 of Plats at Page 79, Fresno County Records, described as follows: Commencing at the West Quarter Corner of Section 3, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, thence N.00°32'23"E., a distance of 83.95 feet; thence N.89°27'37"W., a distance of 30.00 feet to a point on the East line of said Lot 327 and the True Point of Beginning; thence N.89°27'37"W., a distance of 145.20 feet; thence N.00032'23"E , a distance of 285.20 feet; thence S.89027'37"E., a distance of 145.20 feet to a point on East line of said Lot 327; thence S.00032'23"W. along said East line, a distance of 285.20 feet to the True Point of Beginning. �o QROF ESSI p,yql �� S • jO�Q � Q m J> CIVIL 9lFOF CNVXF I.•I19991990811SD Basin-Busick.doc