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HomeMy WebLinkAboutT-5235 - Agreement/Covenant - 9/18/2014 (2) FRESNO County Recorder When Recorded Mail To: Paul Dictos, C.P.A. DOC- 2014-0032203-00 Acct 3059-Fidelity National Title - Fresno City Clerk Friday, MAR 21, 2014 08:58:33 City of Fresno Ttl Pd $0.00 Rcpt # 0004076420 2600 Fresno Street RGRIR4f1-16 Fresno, California 93721-3603 CITY OF FRESNO Public Works Department RELEASE OF STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY OFF-SITE STORM DRAINAGE FACILITIES FOR TRACT NO. 5235. Release of Covenant Tract No. 5235 Temporary Off-Site Storm Drainage Facilities Page 2 WHEREAS,KB RESALE PROPERTIES, INC., "owner"and KB HOME SOUTH BAY, INC., "Developer",together hereinafter referred to as"Covenantor"entered into a covenant providing for Temporary Off-Site Storm Drainage Facilities, dated November 1, 2005 and recorded on December 12, 2005 as Instrument No. 20050289952 of Official Records of Fresno County, hereinafter referred to as the "Covenant;" and WHEREAS, said Covenant is attached as Exhibit A; and WHEREAS, the property affected is more specifically described in said Exhibit; and WHEREAS, the Director of the Public Works Department has determined that the terms of the said Covenant have been satisfied and that the continued existence and enforcement of said Covenant are no longer necessary. NOW,THEREFORE,in accordance with the provisions of said Covenant,the City of Fresno does hereby refease the Subject Property from said Covenant and that it shall be of no further farce or effect. DATED- 3 CITY OF FRESNO a Municipal Corporation PATRICK N. WIEMILLER, Director Public Works Department By: ` SCOTT L. MOZIER, P. Assistant Director/City Engineer APPROVED AS TO FORM: DOUGLAS T. SLOAN City T ney By eputy CLERK'S CER TIFICA TION State of California } County of Fresno } On October 2, 2013 before me, Sherrie L. Badertscher, Deputy City CI_erk, personally appeared, Scott L. Mozier, Assistant Director/City Engineer, Public Works Department, who proved to me on the basis of satisfactory evidence, to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal YVONNE SPENCE, CMC City Clerk, City of Fresno Of FlpFs�o By &Ut; �� Deputy °R�reo On'- EXHIBIT "A" COVENANT WHEN RECORDEDMAIL TO; IN IIIIII FRESNO County Recorder Robert O. Nerner City Clerk City of Fresno DCC— 2005-0289952 2600 Fresno Street Acet S-Ftrat AmerScan Thio Insurance Company Fresno, Ca 93721-3803 Hu"day, DEC 32, 2003 ea.ea.ea T!1 Pd $@A Nbr-$MM RGRIR7/1-12 NO FEE-Government Code 6103 CITY OF FRESNO Public Works Department P.W. File No. 10779 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY OFF-SITE STORM DRAINAGE FACILITIES FOR THE FINAL MAP OF TRACT NO. 5235 Statement of Covenants Temporary Off-site Storm drainage Facilities Tract No, 5235 Page 2 RECITALS WHEREAS, KB RESALE PROPERTIES, INC., a California Corporation, hereinafter referred to as the "Owner," of the real property situated in the City of Fresno, County of Fresno, State of California, and KB HOME SOUTH BAY INC., a California Corporation, hereinafter designated and called the "Developer," shall hereinafter collectively and individually, where applicable, steali be jointly designated and referred to as the"Covenantor," 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 Traci No.5235.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 on the Subject Property to serve said Tract No. 5235. 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 entrancing 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 I/ r Statement of Covenants Temporary Off-site Storm Drainage Facilities Tract No. 5235 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. I. The Covenantor agrees that a portion of the Subject Property, more particularly described in the attached Exhibit B,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{BD} 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 toabandon such temporary storm drainage facilities. The abandonment of said temporarystorm drainage facilities may include,but is notlimited to,demolition and disposal of certain structures, fencing, backfilling, compaction and grading the Subject Property in accordance with said approved grading pian. 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 Covenantorto trespass upon land rightfully in the possession of, or owned by another, Statement of Covenants Temporary Off-site Storm Drainage Facilities Tract No. 5235 Page 4 whether such land be privately or publicly owned. S. 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. S_ 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 Worcs Director issues a written release of such conditions and obligations and records such Statement of Covenants Temporary Off-site Storm Drainage Facilities Tract No. 5235 Page 5 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 Off-site Storm Drainage Facilities Tract No. 5235 Page 6 DATED.- . �/O/ CITY OF FRESNO, COVENANTOR (Owner): a Municipal Corporation KB RESALE PROPERTIES, INC., DAVID ❑. HEALEY, Director a California C rpora i n Public Works Department q.� By:By. 6 / P.A. (Augie] Dent III, Michael T. Kira, Assistant Director Senior Vice President APPROVED AS TO FORM: COVENANTOR(Developer): HILDA CANTO MONTOY KB HOME SOUTH BAY INC., City Attorney a California Corp tion By: By; Deputy P.A. Dent III, Senior Vice President (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On Y _ ,before me, • s ►'kUbr? Date nAC 7!118 Of OlGter te.�.Jema bee,Notary [ personally appeared r-'• 14 rmrnatsl or saj ._ emonally known to me D proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and L S.ttO91N5�N acknowledged to me that helshelthey executed Gommisslo MI O N{1rJb the same in histher/their authorized _ MOM 1431 rMai capacityiies), and that by his/her/their SCh signature(s) on the instrument the person(s),or My Comm.Exp4reand 18,2W7 the entity upon behalf of which the parson(s) acted, executed the instrument_ WITNESS my hand and official seal. m rtotery rapt OPTIONAL Though he Wamalion below eS not rmgedmd by raw,it rnsypmve Vahrabre to persons Haying on dap dorurtWt and eourd pr0Venr fraudurenr removal and reanarhmenr of this farm to anod7er dacummt Description of Attached Document Title or Type of Document- Document Date: - Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual Top ulOn,mbFrere D Corporate Officer—Title(s): C) Partner—❑Limited D General EI Anomey-in-Fact D Trustee ❑ Guardian or Conservator LJ Other. Signer Is Representing: 0 fB941Jafle%W Nowt'Amria>aa•BSSD N Savo Aw..Pia Sox Z02-Cnatsw fo%CA 913132402•wwwneeaneh atwY o g Prr4 rtA-S9w Reorder.C"10-FM 1-BDI)W54M CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of $laffle_A_ ss. On �f� before rite, tt 7 Rate Name and Title vt Officer(9-g..'Jame On@.Nalary FuNicl personally appeared fI• tdameW rat Sign 45) rsonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed r43tZ�c0ommb*m 01E54&W to the within instrument and acknowledged to me that Not Pubic-C• � he/she/#hey executed the same in his/her/their Itiarneda COLO* authohzed capacity(ies), and that by his/her/their 401"Comm. ion 222w4signalure(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, WITNESS my Band and official seal. Place Notary S9af Aba o Signature of Noiary Putlic OPTIONAL Though the information below is not required by law, it may prove valuable fa persons relying on rhe document and could prevent fraucfOent removal and reattachment of this form to another document. Descripti of Attached Document Title or Type❑ ocument _...-- Document Date: Number of Pages: Signer(s)Other Than Named Above:_ Capacity(ies)Claimed by Signer(s) Signer's Name: is Name: C] Individual ❑ Indi at ❑ Corporate Officer—Tilte(s): ❑ Corporal icer—Tule(s): 0 Partner—0 Limited 0 GeneralpolW!mg_ p Partner—CIL -ted L1Genera( Attorney in Fact Pop of thumb hero ❑ Attorney in Fact Top U Trustee UTrustee of thumb here U Guardian or Conservator ❑ Guardian or Conservator © Other: 0 Other: Signor is Representing: Signer Is Representing: 02004 National Nolary Aasodation•9350 Qe Soto Ara.,P.a-Sox 2402•Chatsworth,GA 9$313.2402 ilom No.5907 Ae der:Call ToF-Free t-K"76-Mr CLERKS CERTIFICATE STATE OF CALIFORNIA } COUNTY OF FRESNO } CITY OF FRESNO ) On g 2. Z a 0 before me, personally appeared V-Y)-i'� 7x LA—A r ; Qyff P' personalty known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s)whose names) is/are subscribed to the within instrument and acknowledged to me that helshelthey 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 - - D�RUTY rt A �l K:jonb%Map docsWinal MapsWM 523MT-5235 Sub Dccs5TS235 Carenant Temporary Drainage Fadlities off-Site-wpd EXHIBIT A BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17, SAID POINT BEING ON THE WEST LINE OF PARCEL 2 OF PARCEL MAP NO.4354,ACCORDING TO THE MAP THEREOF RECORDED IN.BOOK 30 OF PARCEL MAPS AT PAGE 41,FRESNO COUNTY RECORDS; THENCE NORTH 01°29'36"WEST ALONG THE WEST LINE OF SAID PARCEL 2,A DISTANCE OF 992.01 .FEET TO THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE BOUNDARY OF SALD PARCEL 2,THE FOLLOWING COURSES; NORTH 8902706"EAST,A DISTANCE OF 799.58 FEET;THENCE SOUTH 01.43'00"EAST,A DISTANCE OF 579.81 FEET;THENCE NORTH 8801700" EAST,A DISTANCE OF 530.00 FEET;THENCE SOUTH 01943'00"EAST, A DISTANCE OF 310.00 FEET;THENCE SOUTH 88`1T00" WEST,A DISTANCE OF 342.22 FEET;THENCE SOUTH 01043'OV EAST,A DISTANCE OF 200.00 FEET;THENCE NORTH 88"1 TOO" EAST,A DISTANCE OF 342.22 FEET;THENCE SOUTH 01°43'00" EAST, A DISTANCE OF A DISTANCE OF 940.44 FEET TO A POINT ON THE CENTT:RLM E OF FANCHER CREEK; THENCE WESTERLY ALONG THE CENTERLINE OF SAID 1;ANCHER CREEK THE FOLLOWING COURSES; NORTH 6504[08" WEST,A DISTANCE OF 951.50 FEET;THENCE NORTH 85905'45° WEST,A DISTANCE OF 66.29 FEET;THENCE SOUTH 6500815"WEST,A DISTANCE OF 133.70 FEET;THENCE SOUTH 29008'29"WEST,A DISTANCE OF 20.38 FEET;THENCE SOUTH 58.32'25"WEST,A DISTANCE OF 24.50 FEET;THENCE SOUTH 53°53'54" WEST,A DISTANCE OF 51.44 FEET;THENCE SOUTH 60022'50"WEST,A DISTANCE OF 51.55 FEET;THENCE SOUTH 700301 O"WEST,A DISTANCE OF 55.99 FEET;THENCE SOUTH 76x51'49"WEST,A DISTANCE OF 56.40 FEET;THENCE SOUTH 77936'00"WEST A DISTANCE OF 63.$2 FEET;THENCE SOUTH 79916'01" WEST, A DISTANCE OF 0.66 FEET TO A POINT ON TILE WEST LINE OF SAID PARCEL 2; THENCE NORTH 01'29'16" WEST, ALONG THE WEST LINE OF SAID PARCEL 2, A DISTANCE OF 805.11 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ONE-QUART13R OF ALL THE OIL, GAS, HYDROCARBON SUBSTANCES AND MINERALS TN, UNDER AND WHICH MAY BE PRODUCED FROM SAID REAL PROPERTY, AND ONE-QUARTER OF ALL THE ROYALTIES, PAYMENTS, RIGHTS, AND BENEFITS RESERVED TO THE LESSOR IN ANY OIL. GAS, OR MINERAL LEASE OF SAID LAND, AND THE RIGHT TO ENTER UPON SAID REAL PROPERTY AND TO EXPLORE AND PROSPECT FOR AND STORE AND REMOVE SAID OIL, GAS, HYDROCARBONS AND MINERALS THEREFROM AND THE RIGHT TO CONSTRUCT AND MA[NTAfN ON SAID LAND SUCH ROADS, POPE LINES, TELEPHONE LINES, TANKS, SULLDINGS, AND OTHER APPURTENANCES AS MAY BE REASONABLY NECESSARY OR INCIDENTAL TO SUCH OPERATIONS, AND TO EXERCISE SUCH OTHER RIGHTS, INCLUDING THE RIGHT OF INGRESS AND EGRESS, AS MAY BE REASONABLY NECESSARY OR INCIDENTAL TRERETO, AS RESERVED IN THE DEED FROM MILTON G. COOPER & SON, INC., A CORPORATION, TO M. DUCEY AND MABLE DUCEY, HUSBAND AND WIFE,AS JOINT TENANTS,DATED MARCH 21, 1945,RECORDED MARCH 22, 1945 AS DOCUMENT NO. 11687,OFFICIAL RECORDS. APN 481-300-33S DRAINAGE BASIN for T-5235 EXHIBIT"B" LEGAL DESCRIPTION BEING A PORTION OF THAT CERTAIN PARCEL DESCRIBED BY DEED AND FILED FOR RECORD AS DOCUMENT NO. 2005-0009214, OFFICIAL RECORDS OF FRESNO COUNTY, LYING WITHIN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 17, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID PARCEL; THENCE SOUTH 89051'23" 'WEST, A DISTANCE OF 335.27 FEET, ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER AND THE NORTH LINE OF SAID PARCEL; THENCE SOUTH 00°08'37" EAST, A DISTANCE OF 63.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH W08'37" EAST, A DISTANCE OF 171.50 FEET, CONTINUING ALONG THE SOUTHERLY EXTENSION OF LAST SAID LINE; THENCE SOUTH 89°51'23"WEST,A DISTANCE OF 490.00 FEET; THENCE NORTH W0$'37" WEST, A DISTANCE OF 171.03 FEET; THENCE NORTH 8948'06" EAST, A DISTANCE OF 490,00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1.926 ACRES OR 83918 SQUARE FEET, MORE OR LESS. r CADocuments and Settinp"lsnKlLa al SetdnpMmpkGWVicwcA39422 RRTiri MON DAM LEGAL DESCR[PT[ON.dw i L/1H1U1 T "B " �r-HEST LINE CF 5E 114 8F THE NW 114 OF SEC7TON 17 T 14 Sy R 21 & M.D.B.da 11. A.P.N. MI-020--59S DOCUMENT NO. 2005-0193967 FRESNO COUNTY OFFICIAL RECORDS PU71)RF 7PACT 523 SW GARNER OF E 112 OF NW i14 X CORNER OF THE SUCTION 17 C 1/4 CORNER OF SECI7ON 1Z T 14 Z R 21 & MI D-a&M r74 S., R.21 F-, M.D.H& M. r` STREET EASEMENT To aTY or FRf' a la -paNT OF �-DOCIIAIDVT NO 94107398 F7ITURE EAST G11URcH COMMENCEMENT REGORDID mir i, im. aR.F.0 AVEMIE RIf,Hr-0F-WAYS: - - EAST CHURCH AVENUE r 7' .3.3527' a 6350r--1 °w � '1 N 69 ' E 49'7 QI'M o t s POINT OF fi ` d18 BECIN7VING j$ 4 r 5 Sl4 5123 W 49agEgf A.P.M. 481-300-.3.3S aa 09214 d v ca DpQCRAINAGE`BASN AREA 70 BE FRNESNOQz005 COUNTY04o DEDICATED (1.926 ACRES) 0MCfA1. RECORDS NO ! i4 E457EiIC,MA AME" � SOUTH LINE OF NE 114 S ECI7QN 17 � T14Sy R21 & M.O.B.&W EAST[INE OF NE 114 OF THE SW 114 OF SE-070N 17 T14SkR21E; MI.M.&Mm- SME No. 6953 THOMPSQN-HYSELL Q lace isms s Mr,Moo�arM CA95m4 am &2t,esea FAX OM brdl4W carrstCxt 2OW MUMPSOH—HYSM ENOiMEMS ACF. "AZ" CI TY OF F R E S N 0 FI"NONO.'� wcL-- OEPAftTmEmT 8F PUBUC VFIEMS CIlG N0. r—say DRAINAGE WIN DFL By -J•H- SHEET NO. i DEDICA77ON m s'' or _ I - SHEM 15--A-7944 SOUTH OF EAST CHURC.HA VENUE