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HomeMy WebLinkAboutT-5171 - Agreement/Covenant - 6/12/2006 (4) WHEN RECORDED MAIL TO: City Clerk 06/01/1006,10060115689 City of Fresno W `2600 Fresno Street Fresno, Ca 93721-3603 C:) C:) L`-, CU 2M O NO FEE -Government Code 6103 U CITY OF FRESNO Public Works Department P.W. File No. 10749 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY STORM DRAINAGE FACILITIES FOR TRACT NO. 5171, PHASE 1 OF TENTATIVE MAP NO. 5171 Statement of Covenants Temporary Storm Drainage Facilities Tract No. 5171 Page 2 RECITALS • WHEREAS, SUNRIDGE DEVELOPMENTS, a California Limited Partnership, hereinafter 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 in the attached Exhibit "A", 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.5171, hereinafter referred to as "map," requires the provision and maintenance of temporary off-site 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 of Covenants Temporary Storm Drainage Facilities Tract No. 5171 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, Statement of Covenants Temporary Storm Drainage Facilities Tract No. 5171 Page 4 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. 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 Statement of Covenants Temporary Storm Drainage Facilities Tract No. 5171 Page 5 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. Statement of Covenants Temporary Storm Drainage Facilities Tract No. 5171 Page 6 DATED: es-zee CITY OF FRESNO, COVENANTOR (Owner): a Municipal Corporation SUNRIDGE DEVELOPMENTS, A California Limited Partnership DAVID D. HEALEY, Director Public Works Department By: Northern California Universal Enterprises, Co. A California Corporation As General Partner By: Michael T. Kirn, Assistant Director By: Jo ` ai-Chang Wu, President APPROVED AS TO FORM: JAMES C. SANCHEZ Joe Ta ' Chang Wu, President Interim City Attorney By: /0 Deputy (Attach Notary Acknowledgments) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } } County of !�—,an GqY q } On Mot f 'l I 20(b before me, lon Y I E l d l�I � V U ?"personally appeared 1 y Tal ' aaw WLf ❑ Personally known to me OR L,d proved to me on the basis of satisfactory evidence to be the personN whose nameN.93re subscribed to the within instrument and acknowled ed to me that(9. he/they executed the same i hi her/their authorized capacityftesl, and that b her/their signature(s),on the instrument the personN, or the entity upon behalf of which the person(s) acted, executed the instrument. r �� PAARIEIARUE WITNESS my hand and official seal. k:... " x:''; Commission# 1503949 i Notary Public-California i Santa Clara County My Comm.Expires Jul 27,2008 Signature o N tary [AWE t"46- Name (Typed or Printed) (Area above for official notarial seal) Capacity Claimed by Signer Description of Attached Document ❑ Individual(s) (Although this information is optional, it could prevent fraudulent 13 Corporate Officer(s) - Title$) attachment of this certificate to another document.) CIL Si(&ni This certificate is for attachment to the document described below: Title or type of document ❑ Partner(s) 30ytnanfi-�' ❑ Attorney-in-Fact Veyy)920 V� qtDYM VC al f100i6 q ;��1-�YJ ❑ Trustee.(s) ❑ Guardian/Conservator Number of pages tQ 5 ❑ Other: Date of document Signer(s) other than named above m Ov-, ) T t ►'6 Signer is Representing: Name of person(s) or Tames la Entity(ies) Tract No. 5171/UGM P.W. File No. 10449 SUBORDINATION (for the Subject Property) The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on;March 15, 2006 , in the office of the Fresno County Recorder in Book n. a , Page(s) n.l�, Document No. ?-nnh-nn-j1,196 ^ of which the Deed of Trust in by and between: Sunridge Developments, a California limited partnership as Trustor, First American Title , as Trustee, and Pacific State Bank , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development. DATED: March 15, 2006 BENEFI RY Gary A. Stewart, EVP/CCO (Beneficiary to print/type document info, Name, Title and attach Notary Acknowledgment) ■ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 State of Calif rnia ss. County of � j On � 1'✓( ,651, before me, I nl Date , Z"a and Title f Officer(e.g.,Jane Doe,Notary Publ •) personally appeared_ n6 Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name(4 iske 1 subscribed to the within instrument and DIANNA SCOTT acknowledged to me that he/�e/)hey executed Commission#1463335 the same in his/Yer/)heir authorized i a NotaryPublic-California p yO y ca acit ( and that b his/ r/tfieir San Joaquin County ( signature(s) on the instrument the person(, or My Comm.Expires Jan 17,2008/ the entity upon behalf of which the person % (�e'1 r4 acted,executed the instrument. WINESS my hand and offici I seal. 6 Signature of Not 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. Descri nof Attached Document Title or Type of Doc nt: Document Date: Number ages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): 1 ❑ Partner—❑ Limited eneral ❑ Attorney-in-Fact 1 ❑ Trustee ❑ Guardian Conservator ❑ Other• S ner Is Representing: 0 1999 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotaryorg Prod.No.5907 Reorder.Call Toll-Free 1-600.676-6627 CLERK'S CERTIFICATION State of California) County of Fresno) On May 16, 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Michael T. Kirn,Assistant Public Works Director, personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to be 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 the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK, CMC J By Deputy • A EXHIBIT "A" Legal Description for Temporary Off-Site Storm Drainage Facilities for Tract No. 5171 PARCEL 1 That portion of the Southeast Quarter of Section 17, Township 14 South, Range 21 East, Mount Diablo Base and Meridian, described as follows: BEGINNING at East Quarter corner of said Section 17; thence South 0°00'00" West, along the East line of said Section 17, a distance of 357.00 feet; thence North 89026'25" West a distance of 1,223.33 feet to the TRUE POINT OF BEGINNING; thence South 0033'35" West, a distance of 92.08 feet; thence South 44026'25" East, a distance of 57.99 feet; thence South 0033'35" West, a distance of 177.42 feet; thence South 44026'25" East, a distance of 48.08 feet; thence North 89°26'25" West, a distance of 50.00 feet; thence North 0033'35" East, a distance of 204.80 feet; thence North 44026'25" West, a distance of 49.08 feet; thence North 89°26'25" West, a distance of 160.30 feet; thence North 0033'35" East, a distance of 105.00 feet; thence South 89026'25" East, a distance of 170.00 feet to the TRUE POINT OF BEGINNING. PARCEL 2 That portion of the Southeast Quarter of Section 17, Township 14 South, Range 21 East, Mount Diablo Base and Meridian, described as follows: BEGINNING at the East Quarter corner of said Section 17; thence South 0000'00" West, along the East line of said Section 17, a distance of 660.00 feet; thence North 89026'25" West, a distance of 1,364.11 feet to the TRUE POINT OF BEGINNING; North 88055'02" West, a distance of 380.02 feet; thence North 0033'35" East, a distance of 45.00 feet; thence South 89049'02" East, a distance of 380.01 feet; thence South 0033'35" West, a distance of 50.97 feet to the TRUE POINT OF BEGINNING.