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Home My WebLink AboutT-5206 - Agreement/Covenant - 2/8/2005 (5) WHEN RECORDED MAIL TO: IIII III III�III II IIII�II I IIIII III III� IIII�II I IIIII FRESNO County Recorder Robert C. Werner City clerk DOC— 2004-0073927 City of Fresno Acct 2-Chicago Title Company Fres Fresno Streetno, Ca 93721-3603 Tuesday, APR 06, 2004 08:00:00 Fres Tt 1 Pd $0.00 Nbr-0001439791 rgr/R7/3-13 NO FEE- Government Code 6103 CITY OF FRESNO Public Works Department P.W. File No. 10633 JAF: 3002 West Chandler Avenue (T-5206, Lot 1) STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY STORM DRAINAGE FACILITIES FOR TRACT NO. 5206 Statement of Covenants Temporary Storm Drainage Facilities Tract No. 5206 Page 2 RECITALS WHEREAS, RUNNING HORSE LLC, a California Limited Liability Company 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 as 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. 5206, 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 i Statement of Covenants Temporary Storm Drainage Facilities Tract No. 5206 Page 3 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. i c Statement of Covenants Temporary Storm Drainage Facilities Tract No. 5206 Page 4 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 Works Director issues a written release of such conditions and obligations and Statement of Covenants Temporary Storm Drainage Facilities Tract No. 5206 Page 5 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. 5206 Page 6 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation RUNNING HORSE LLC a California Limited Liability Company JON R. RUIZ, Director Public Works Department By: ;64'&zz 6 Scott Webb, Manager By: _ ql�',Aja. PnE. Michael T. Kim, P.E., Assistant Director APPROVED AS TO FORM: HILDA U-MONTY (Attach Notary Acknowledgment) City orney By Deputy LDBE FORM Covenant Temp Basin v7-3-03 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of jresno On 3–.q-04 before me, Q Itch i` . Date C Name and Title of OMicer"(e,g.,'Jane Doe,Notary Public") personally appeared _ C`�D T T l�l(9h , Name(s)of Signer(s) ❑personally known to me X.proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed RALPH L. CASTRO the same in his/her/their authorized Commission q 1290036 capacity(ies), and that by his/her/their Notary Public - California signature(s) on the instrument the person(s), or Fresno County the entity upon behalf of which the person(s) i My Comm.Expires Feb 7,2005 acted, executed the instrument. WITNESS my hand and official Signature of Notary Public i 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. I` Description of Attached Document /� Title or Type of Document: �°wle n l 0:P [ `('�V_e an�,f Document Date: 3- 3–OSI Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 't& Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee i ❑ Guardian or Conservator ( ❑ Other: ( Signer Is Representing: 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 1-800-878.8827 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On April 1, 2004 before me, Elvia Sommerville, Deputy City Clerk personally appeared Michael T. Kirn, P.E., Assist. Public Works Director personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s)whose name(s)is/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 which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH, CMC CITY CLERK By DEPUTY Tract No. 5206/UGM P.W. File No. 10633 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 29, 2003, in the office of the Fresno County Recorder, Document No. 2003-0119258 of which the Deed of Trust in by and between Thomas J. O'Meara, an unmarried man, as Trustor, Stewart Title of California, a California Corporation, as Trustee and Kevin J. DeLotto, as his sole and separate property and Patricia E. Wallers, as her sole and separate property, 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. 5206, of Vesting Tentative Map No. 5206/UGM. DATED: �� I , 2004- BENEFICIARY By: 4eLottKo By: / axf--,, ,,-rte c Patricia E. Wallers (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) SS. COUNTY OF On M(Vt I before me, RobGjri V• Atber'r a Notary Public in and for said County and State, personally appeared rt eV I r1 pJ . De', 6-rd U 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 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 the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. N ,.•��•�, ROBYN Y.ALBERT k� ,- ` ' f: COMM.#1329761 as ' Si ature of Notary y ° f a NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY N MY Comm.Exp.Now.12,2005 STATE OF CALIFORNIA ) SS. COUNTY OF ) On before me, a Notary Public in and for said County and State, personally appeared 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 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 the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary WNOTI --09/23/96bk Tract No. 5206/UGM P.W. File No. 10633 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 2, 2003, in the office of the Fresno County Recorder, Document No. 2003- 0128077 of which the Deed of Trust in by and between Running Horse LLC, a California Limited Liability Company, as Trustor, Chicago Title Company, a California Corporation, as Trustee and The Sieling Family Trust, under Declaration of Trust dated July 18, 2002, 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. 5206, of Vesting Tentative Map No. 5206/UGM. DATED: 3 ) C1 -. 20 04 6wom to and subscribed betere me,in my presenoo this �G day of c..-��,. v� A Vir�iP BENEFICIARY The Sieling Family Trust votary Public. !nand for the Stag at Large Under Declaration of Tryst d ted July 18, 2002 C'.,�I-�SLT+�t.L�i�-W1vt.,�j4f+c� ('�'�Ji��'i:..'a��if'`1%,•i; y > T AFlv comm;�cinn rYn;►n. -�r' c•-.plc, _3. Se�,',� a�yy: 5 onald J. lie li g; Trustee 1 By. Nancy C nteno Sieling, trustee (Attach Notary Acknowledgement) i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I' State of ( I' County of I On before Date I Name and Title of Officer(e.g.,"Jane Doe,Notary Public") Opersonally appeared Al e fl �J 4-f-l-/u&- Name(s)of Signer(s) &personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person} whose namete) is/aqh subscribed to the within instrument and acknowledged to me that ft/she/fty executed the same in 00/her/t%r authorized capacity(*),and that by bia/her/fKir signature(s)on the instrument the personal, i or the entity upon behalf of which the person(*'acted, I' VICTORIA E.VENEGAS executed the instrument. Commission f 1325147 i Z Notary Public-Calfomis WITNESS my hand and official seal. Monterey County My Comm.E)PkVs Oct 14,2005. 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 Po umeeeetit Title or Type of Document: y,^5-Z',O1 l� Document Date: D -y 5�- O q Number of Pages: Signer(s) Other Than Named Above: t_1, I; Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: I' 25 Individual ❑ Individual ( ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ) (' ❑ Trustee _ ElTrustee _ El Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here I I1 Signer Is Representing: Signer Is Representing: I i 0 1.995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Toll-Free 1-800.878-6827 EXHIBIT "A" Legal Description for Temporary Storm Drainage Facilities for Tract No. 5206 STORM DRAIN OUTFALL: An easement for a storm drain outfall, 15.00 feet wide, lying in the northeast quarter of Section 12, Township 14 South, Range 19 East, Mount Diablo Base and Meridian and the northwest quarter of Section 7, Township 14 South, Range 20 East, Mount Diablo Base and Meridian, City of Fresno, County of Fresno, California, the centerline of which is more particularly described as follows: BEGINNING at a point North 00044'26" East 79.30 feet, measured along the west line of said Section 7, from the west quarter comer of said Section 7; thence North 74°38'46" East 37.11 feet; thence North 76°31'58" East 164.04 feet, to a point North 57002'18" East 234.02 feet from said west quarter comer, also being the point of termination of said centerline. EXCEPTING THEREFROM all that portion of said 15.00 feet wide easement lying west of the east right-of-way of South Marks Avenue. TEMPORARY STORM DRAINAGE FACILITIES: An easement for temporary storm drainage facilities lying in the northwest quarter of Section 7, Township 14 South, Range 20 East, Mount Diablo Base and Meridian, City of Fresno, County of Fresno, California, being more particularly described as follows: BEGINNING at a point North 71018'14" East 283.81 feet from the west quarter corner of said Section 7, said point being the beginning of a curve, concave to the northeast, from which a radial line bears North 25003'49" West, having a radius of 55.00 feet, a central angle of 180000'00", and a chord bearing and distance of North 25003'49" West 110.00 feet; thence, along the arc of said curve, 172.79 feet, to the beginning of a reverse curve, concave to the west, from which a radial line bears North 25003'49" West, having a radius of 140.00 feet, a central angle of 112039'00", and a chord bearing and distance of North 08036'41" East 233.01 feet; thence, along the arc of said curve, 275.26 feet, to the beginning of a reverse curve, concave to the southeast, from which a radial line bears North 42°17'11" East, having a radius of 55.00 feet, a central angle of 180000'00", and a chord bearing and distance of North 42°17'11" East 110.00 feet; thence, along the arc of said curve, 172.79 feet, to the beginning of a reverse curve, concave to the west, from which a radial line bears South 42°17'11" West, having a radius of 250.00 feet, a central angle of 112039'00", and a chord bearing and distance of South 08036'41" West 416.10 feet; thence, along the arc of said curve, 491.53 feet, to the POINT OF BEGINNING. Containing 1.19 acres, more or less J