HomeMy WebLinkAboutT-5233 - Agreement/Covenant - 2/9/2005 (5) C �
WHEN RECORDED MAIL TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
FRESNO County Recorder
City Clerk Robert C. Werner
City of Fresno DOC' 2004-0229906
2600 Fresno Street Acct 2-Chicago Title Company
Fresno, Ca 93721-3603 Tuesday, oCT 12, 2004 08:00:00
Tt l Pd $0.00 Nbr-0000166243336djg/ z_1 m
NO FEE-Government Code 6103
CITY OF FRESNO
Public Works Department
P.W. File No. 10668
JAF: 6616 East Simpson Avenue (T-5233, Lot 1)
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR TEMPORARY STORM DRAINAGE FACILITIES FOR TRACT NO. 5233,
PHASE I OF VESTING TENTATIVE MAP NO. 5233/UGM
f .
Statement of Covenants
Temporary Storm Drainage Facilities
Tract No. 5233
Page 2
RECITALS
WHEREAS, BN 5233 L.P., a California Limited Partnership, shall hereinafter be
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 as:
Lots 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 33 inclusive,
of Tract No. 5233 according to the map thereof recorded on
. �ly.�t , 20tin Volume of Plats
at Page(s) c� 9/ 504 q Fresno County Records; 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. 5233, 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,
f 1
Statement of Covenants
Temporary Storm Drainage Facilities
Tract No. 5233
Page 3
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.
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
l�L
Statement of Covenants
Temporary Storm Drainage Facilities
Tract No. 5233
Page 4
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 Covenantors 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)
a
Statement of Covenants
Temporary Storm Drainage Facilities
Tract No. 5233
Page 5
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.
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Statement of Covenants
Temporary Storm Drainage Facilities
Tract No. 5233
Page 6
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation BN 5233 L. P.
a California Limited Partnership
Public Works Department
By: Bonadelie Homes, Inc.
a California Corporation
w) as
�'' " General Partner
By:
Michael T. Kim, P.E., Director
By:
APPROVED AS TO FORM: )VA. Bonadelle, President
HILDA CANTU-MONTY
City Attorney
By
Deputy
(Attach Notary Acknowledgment)
LDBE FORM Covenant Temp Basin v7-3-03
louisr 08-20-04
STATE OF CALIFORNIA,
COUNTY OF
Fresno } S.S.
On August 27, 2004 , before me, Ahna M. Renna
a Notary Public in and for said County and State, personally
appeared John A Bonadelle
personally known to me (WPUSMOTOORODW FOR NOTARY SEAL OR STAMP
to be
the persons) whose name(a) istaw subscribed to
the within instrument and acknowledged to me thatiA
he/may executed the same in his/JWX4fYetK IM.REE&I
authorized capacity(IM), and that by hiS/JWONMK "y y1.#1433198
signature(s) on the instrument the erson s,r,,t,R.i�-c,a39YoR�ii�
P �), Or Fr v'0 CGUNl
the entity upon behalf of which the person(4) x �:� . J,zoos
acted, executed the instrument.
WITNESS my hand and ofXcial sea.
Signature
STATE OF CALIFORNIA,
COUNTY OF } S.S.
On , before me,
a Notary Public in and for said County and State, personally
appeared
personally known to me (or proved to me on
FOR NOTARY SEAL OR STAMP
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
TE 160 Legal(2-94)
This form is furnished by Chicago Title Company
Tract No. 5233/UGM
P.W. File No. 10668
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on May 18, 2004, in the office of the Fresno County Recorder, Document
No. 20040109049 of which the Deed of Trust in by and between BH 5233 L. P., a California
Limited Partnership, as Trustor, Chicago Title Company, a California Corporation, as Trustee and
California Bank &Trust, a California Banking Corporation, 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. 5233, Phase 1 of Vesting Tentative Map No. 5233/UGM
DATED: oZ7 . 200(/
TRUSTEE OR BENEFICIARY
By:
By:
B
(Print/Type Name and Title of Signing Person
Attach Notary Acknowledgement)
STATE OF CALIFORNIA,
COUNTY OF Fresno } S.S.
On August 27, 2004 before me, Anna M. Renna
a Notary Public in and for said County and State, personally
appeared Richard J. Audino
W3wetllyx:ky4a mxtx==(or proved to me on FOR NOTARY SEAL OR STAMP
the basis of satisfactory evidence) to be
the person(a) whose name(,) is/amKsubscribed to
the within instrument and acknowledged to me that
he/9beiA*q executed the same in his/haafttteW
authorized capacity(hea), and that by his/iaaafl!x x M.RENNA ce
signature(s) on the instrument the erson a , or OF:�FRESNO
.�148819i3
P ( ) USLiC-CALIFORNIA q
the entity upon behalf of which the person(N) "Macted, executed the instrument. go•�.2007
WITNESS my hand and`-ff-cial sea
SignatA- u ��
TE 160 Legal(2-94)
This form is furnished by Chicago Title Company
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On October 4,2004, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
M.T.Kirn,P.E.,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.
WI TNESS my hand and official City Seal.
REBECCA E. KL ISCH, CMC
C/TY CLERK
By
Deputy October 4,2004(10:50am)