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HomeMy WebLinkAboutT-5141 - Agreement/Covenant - 8/3/2005 (2) ' Recording Requested by IIII III III I III IL II IIII Ill fl II1 IIIII I IIII I11 ILII II Fresno County Recorder City Ciera William C. Greenwood c►ry of Fresno DOC— 2001=.0154366 2600 Fresno Street Acct 1-Financial Title Company (C) Fresno; Ca 93721-3603 . Monday, OCT 22., 2001 08:00:00 FRE $0.00 Ttl Pd $0.00 Nbr-0000657316 dJ0/R8/1-11 No Fee-Govt. Code 6103 SPACE ABOVE FOR RECORDER'S USE CITY OF FRESNO P.W. File No. 10337 Development Department Building & Safety Services Division STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY STORM DRAINAGE.FACILITIES (For Final Map of Tract 5006, Phase IV of Vesting Tentative Map No. 4357) WHEREAS, BUSICK PROPERTIES, 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 "Aattached and incorporated herein by this 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 5006, requires the provision and maintenance of temporary storm water 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 reference until such time that permanent storm drainage facilities are available to serve Statement of Covenants Temporary Storm.Drainage Facilities Tract No. 5006 Page 2 referenceuntil 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 and Tract 4951, Phase II and Phase Ili 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. 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. Statement of Covenants Temporary Storm Drainage Facilities Tract No. 5006 Page 3 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 WorksDirector 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 N 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 Cityof 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 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 Statement of Covenants Temporary Storm Drainage Facilities Tract No. 5006 Page 4 said Subject Property and upon the premises adjacent thereto pursuant to this Statement, and also from al 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 obli ations and records such release with the Fresno County Recorder. Vii. 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. Statement of Covenants Temporary Storm Drainage Facilities Tract No. 5006 Page 5 CITY OF FRESNO, COVENANTOR a Municipal Corporation Busick Properties By: By: Mark I. Williamson, P.E. Leslie Busick City Engineer APPROVED AS TO FORM: HILDA CANTU-MONTOY City Attorn y By Deputy (Attach Notary Acknowledgment) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On October 17 , 2001, before_me; Elvia Sommerville.. personally appeared Mark L Williamson City Engineer, personally known to me (or provided:tome on the basisof 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 instrument 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. REBECCA E. KLISCH CITY CLERK v � By DEPUTY Covenant.-Temporary Drainage Facilities for the Final Map of Tract 5006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of � � ` ss. 1 OnAl I r, jaQ011, before me Date ll e and Title of Officer(e.g.,"Jane Doe,Nola personally appeared (�Sl t, f2 Vie` c k ame(s)of Signee(ssT << personally known to me proved to me on the basis of satisfactory . evidence ( to be the persorlkof whose name.(ef is/afe- R.GIBSON� subscribed to the within instrument and CommissionA 1291934 acknowledged to me that he/s ay executed ) ` No Public-Calif ( ornia the same in his/Mair authorized `) Sacramento County capacityiesl, and that by his/ha4ltbeir ) *Camm.80M.1an22,� (; signature.%} n the instrument the person, or the entity upon behalf of which the persQpK ) :i (, acted, execute instrument. ITNESS y h nd nd off I seal. Place Notary Seal Above - gnature of Notary Public ' f OPTION L Thouh the information below is not required by law, it may pr valuable to persons relying on the document ;) and could prevent fraudulent removal end reattachment of this form to another document. Descript n of Attached Document ) t Title or Type Document: ( (•. Document Date: Number of Pages: Signer(s) Other Than Named Above: ) Cap*ity(ies) Claimed by Signer ) Signer's Name: _ ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ( ❑ Attorney in Fact ❑ Trustee I` ❑ :Guardian or Conservator ) i; ❑ Other. Signer Is Representing: 1-1 _ 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Boz 2402•Chatsworth,CA 91313-2402•www.nationalnotary org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 EXHIBIT `A' That portion of Lots 266, 267, 295, 296, 297, 298,299, 322, 323, 324, 325, and 326 of J.C. Forkner Fig Gardens Subdivision No.3, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume 8 of Plats at Page 79, Fresno County Records, described as follows: i Commencing at the West quarter comer of Section 3,Township 13 South,Range 19 East, Mount Diablo Base and Meridian,and the Southwest comer of Lot 14 of Tract 495 1, in the City of Fresno, County of Fresno, State of California,, according to the map thereof recorded in Volume 64 Page 57,58,and 59 of Plats; thence N.00°32'23"E., along the West line of said Section 3 and the West line of said Tract 4951,a distance of 112.92 feet;thence N.18°08'29"E., along the West line of said Tract 4951 a distance of 449.42 feet, to the Northwest comer of Lot 24 of said Tract 4951 and the True Point of Beginning; thence N.89°40'50"E., along the North line of said Lot 24 and the North line of said Tract 4951, a distance of 855.62 feet, to the Northeast comer of Lot 35 of said Tract 4951; thence N.78°42'19"E., along the North line of Lot 36 of said Tract 4951, a distance of 59.00 feet; to the Northeast comer of Lot 36 of said Tract 4951 and the Northwest corner of Lot 38 of Tract No. 4826, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume 63 Page 15, 16, and 17 of Plats; thence S.89°24'01"E., along the North line of said Lot 38 and the.North line of said Tract 4826, a distance of 100.00 feet; thence N.00°35'59"E., a distance of 13.12 feet; thence N.89°43'52"E., a distance of 361.01 feet; thence N.62°29'16"E., a distance of 108.59 feet; to a point on the center line of West Corona Avenue as shown on Tract No. 4356, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume 54.Page 49, 50, 51 and 52 of Plats; thence along said center line N.45°40'46"W., a distance of 709.65 feet; thence leaving said center line S.42041128"W:, a distance of 67.67 feet, to the beginning of a 375.00 foot radius non-tangent curve, concave to the Northeast, a radial to said beginning bears S.56059'44"W.; thence Northwesterly, along said curve, through a central angle of 11°20'30" an arc distance of 74.23 feet; I to the beginning of a 200.00 foot radius reverse curve, .concave to the Southwest, a radial to said beginning bears N.68020'14"E.; thence Northwesterly, along said curve, through a central angle of 24001'00" an arc distance of 83.83 feet; thence N.45010'46"W., a distance of 77.55 feet, to the beginning of a 200.00 foot radius tangent curve, concave to the Southwest; thence Northwesterly, along said curve, through a central angle of 24°08'43" an arc distance of 84.28 feet, to the beginning of a 375.00 foot radius reverse curve, concave to the Northeast, a radial to-said beginning bears S.20010'31"W.; thence Northwesterly, along said curve, through a central angle of 31.023'4411 an arc distance of 205.48 feet, thence N.00034'47"E., a distance of 102.85 feet; to a point on the center line of West Corona Avenue as shown on Tract No. 4357, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume 61 Page 33, 34, and.35 of Plats; thence along said center line N.45040'46"W., a distance of 153.29 feet to the beginning of a 1162.00 foot radius non- tangent curve, concave to the Southeast, a radial to said beginning bears N.50053'17"W.; thence Southwesterly, along said curve, through a central angle of 20058'14" an arc Page 1 of 2 distance of 425.30 feet;-thence 5.18°08.'29"W., a distance of 755.43 feet to the True Point. of Beginning. Containing 19.03 acres, more or less. Q�OFES Oy A w E1 rn tJ�N CIVIL qlF OF CAL%xvir /u/Ql Page 2 of 2 q Exhibit B Page.1 of 2 That portion of Lot.321 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°21'37"W., a distance of 145.20 feet;thence N.00'32'23"E., a distance of 285.20 feet; thence S.89°27'37"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. QRpF ESS/p SCO9! •'s�c, B. p � m w 1 r,-, . .. _ _� CP CIVIL �Q glFOF CA1.\F��� i /:1/99919 OMSD Basin-Busickdoc EXHIBIT B PAGE 2 OF 2 ;I I TRACT N0. 4951 PHASE Ill OF VESTING TENTATIVE { TRACT NO 4357, Ii 30, Ii Ilf PROPOSED PARCEL A Iffl CITY of FRESNOLOr LINE j WEST QUARTER CORNER, SECTION 3, 13119 ADJUSTMENT NO. --- — I 83 — i N00'322223 E NORTH HAVES AVENUE N00'32'23"E o 30.00' N89'27'37"W a p I I POINT"OF BEGINNING clt ►. OS ► Cl l®p�®e�® ii .A s2$ I30' 30' 3 .��®p��®.��� 285.20' N00 32'23"E I � I CITY OF FRESNO WATER WELL SITE PS-161 Q�ESS! SEE 15-A-6020 W R 0 r2 m x C,rr f 1 (" CfVIL �91F OF t<a SCALE: 1"=100' Noun STORM DRAIN BASIN I EN A B NC � i ENGINEERING, I N. GWAY ICA WEST SIERRA AVENUE & 2021(559) 2527223 B FAX (5 9)5NO252 4748 727 NORTH HAYES AVENUEBy S.K.S. DATE 10-23400; FRESNO, CALIFORNIA -t FIE LD BOOK PACE JOB N0. 99-082 OWLE: \\99082\9908basfnsDflBRd"