HomeMy WebLinkAboutT-5235 - Agreement/Covenant - 8/18/2006 (2) WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2 2600 Fresno Street
OFresno, Ca 93721-3603
LL 06/07/2006,20060119619
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U NO FEE -Government Code 6103
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Q CITY OF FRESNO
J Public Works Department
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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
WHEN RECORDED MAIL TO: IIIIIIIIII 111111 IN I III 11111
FRESNO County Recorder
Robert C, Werner
City Clerk
City of Fresno DOC— 2005-0289952
2600 Fresno Street Acct 5-First American Title Insurance Company
Fresno, Ca 93721-3603 Monday, DEC 12, 2003 08:00:00
Tt 1 Pd $0.00 Nbr-0002039721
RGR/R7/1-12
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
THIS DOCUMENT IS BEING RE—RECORDED
TO CORRECT THE LEGAL DESCRIPTION IN EXHIBIT 'A'
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, shall 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 Propertywhich 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.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 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
I/
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.
1. 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 (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 Off-site Storm Drainage Facilities
Tract No. 5235
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
Works 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.
r
Statement of Covenants
Temporary Off-site Storm Drainage Facilities
Tract No. 5235
Page 6
DATED:
-7-
CITY OF FRESNO, COVENANTOR (Owner):
a Municipal Corporation
KB RESALE PROPERTIES, INC.,
DAVID D. HEALEY, Director a California Corporal, n
Public Works Department
By: A0q.• `/ r� By:
t ' KtP.A. [Augie] Dent III,
Michael T. Kim, 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 I r ACV / ss.
On y,Iv�� 2 Z�� before me, 7 S. levbir?jon �hrN P�6�
Date //►��� 1 Name and Tille of Officer e.g.,"Jae Doe,Notary Pubic")
personally appeared
Names)of Signegs)
personally known to me
❑ 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
T.S.ROBINSON acknowledged to me that he/she/they executed
Commission#1431096 the same in his/her/their authorized
-d Notary Public-Conornia capacity(ies), and that by his/her/their
Monterey County signature(s)on the instrument the person(s), or
My Comm.Expires Jul 18,2007 the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and�/i�,official seal.
0_jz- H to-r_
S'nature 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.
De - iption of Attached Document
Title or Type ocument:
Document Date: Number of Pages:
Signer(s)Other Than Named ove:
t
Capacity(ies) Claimed by Sign
Signer's Name:
( e
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnolary.org Prod.No.5907 Reorder.Cell Toll-Free 1-800.878-0827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 41ame—&-
On /n1.1[a oZ2, A006 before me, ��Q.
Date NameandTitle of Officer( .,"Jane Doe,No 's
Public
personally appeared 6&ff-.,u1_
Name(s)of Signer(s)
,
L-r
ersonally 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
SARA,LROBBINS within instrument and acknowledged to me that
Comminion#1546469 he/she/they executed the same in his/her/their authorized
91MyComm.Expk,93JGn
NotaryPublic-C01lfomla capacity(ies), and that by his/her/their signature(s) on the
Alameda Countyinstrument the erson s or the enti u on behalf of
22.2009 person(s),, entity P
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
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 cod prevent fraudulent removal and reattachment of this form to another document.
Description of Attac Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s .
❑ Partner — ❑ Limited ❑ General _ El Partner — El Limited ElGener _
El Attorney in Fact WMA ❑Attorney in Fact •
El Trustee El Trustee Top of thumb here op of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
0 2006 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On 2, -7005 before me,
personally appeared T X�2- j, K/
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
K:\jonb\Map docs\Final Maps\FM 5235\T-5235 Sub Docs\T-5235 Covenant Temporary Drainage Facilities OffSite.wpd
EXHIBIT "A"
REAL PROPERTY IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
THE NORTH 12 ACRES OF THAT PORTION OF THE NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 14 SOUTH, RANGE
21 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE UNINCORPORATED
AREA, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT THEREOF, LYING NORTHWESTERLY OF WASHINGTON
CANAL AND NORTH OF THE LAND DESCRIBED IN THE DEED OF WILLIAM A.
JONES AND WIFE, TO A. A. ANDERSON, DATED JULY 26, 1919, RECORDED IN
BOOK 698, PAGE 178 OF DEEDS.
EXCEPTING THEREFROM ANY PORTION THEREOF LYING WEST OF THAT
CERTAIN BOUNDARY LINE ESTABLISHED IN A SURVEY ON MARCH 25, 1880,
AND MADE A MATTER OF RECORD IN BOOK"M"PAGE 318 OF COVENANTS.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 17;
THENCE SOUTH 890 55' 26" EAST, ALONG THE NORTH LINE OF SAID
SOUTHWEST QUARTER, A DISTANCE OF 1350.46 FEET TO A POINT ON THE
WESTERLY LINE OF THE LANDS OF ESHIEMAN AS AGREED UPON IN AN
INSTRUMENT RECORDED DECEMBER 10, 1890, IN VOLUME "M"PAGE 318, ET
SEQ., OF COVENANTS, FRESNO COUNTY RECORDS; THENCE
SOUTH 000 25' 47" EAST, ALONG SAID WESTERLY LINE, A DISTANCE OF 57.09
FEET TO THE POINT OF BEGINNING; THENCE SOUTH 000 25' 47" EAST,
CONTINUING ALONG SAID WESTERLY LINE, A DISTANCE OF 332.72 FEET TO
A POINT ON THE SOUTH LINE OF THE NORTH 12 ACRES OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 17; THENCE
SOUTH 890 55' 2 1" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 378.10
FEET; THENCE NORTH 000 0V 17" EAST, A DISTANCE OF 325.71 FEET TO THE
SOUTH RIGHT OF WAY LINE OF EAST CHURCH AVENUE AS SHOWN ON THE
OFFICIAL PLAN LINES THEREOF RECORDED APRIL 2, 1991, IN VOLUME 7
PAGES 64 THROUGH 70 OF PRECISE PLAN LINES, FRESNO COUNTY
RECORDS; THENCE ALONG SAID SOUTH RIGHT OF WAY LINE THE
FOLLOWING COURSES;NORTH 890 58'43" WEST, A DISTANCE OF 231.62 FEET
TO THE POINT OF CURVATURE OF A TANGENT CURVE CONCAVE
NORTHERLY AND HAVING A RADIUS OF 800.00 FEET; THENCE WESTERLY
ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 030 23' 58", AN ARC
DISTANCE OF 50.25 FEET; THENCE NORTH 080 34'45" WEST, A DISTANCE OF
99.05 FEET, TO THE POINT OF BEGINNING.
1.\302200\docs\LegaR051906 Legal Description-K8 SOUTH.doc-trnm
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID NORTH 12 ACRES
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTH 12 ACRES;
THENCE NORTH 560 1748" WEST, A DISTANCE OF 10.91 FEET; THENCE
NORTH 330 33' 30" EAST, A DISTANCE OF 14.77 FEET; THENCE
NORTH 690 49' 10" WEST, A DISTANCE OF 61.14 FEET; THENCE
NORTH 780 46' 14" WEST, A DISTANCE OF 58.71 FEET; THENCE
NORTH 890 58' 42" WEST, A DISTANCE OF 812.00 FEET, MORE OR LESS, TO A
POINT ON THE CENTERLINE OF THAT CERTAIN EASEMENT AS DESCRIBED
IN DOCUMENT NO. 94107398, RECORDED JULY 1, 1994, FRESNO COUNTY
RECORDS; THENCE SOUTH 00° 0V 17" WEST, ALONG SAID CENTERLINE, A
DISTANCE OF 49.93 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID
NORTH 12 ACRES; THENCE SOUTH 89° 55' 18" EAST, ALONG SAID SOUTH
LINE, A DISTANCE OF 927.90 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING.
ALSO EXCEPTING THEREFROM ONE-QUARTER OF ALL THE OIL, GAS AND
MINERALS AS HERETOFORE RESERVED OF RECORD.
CONTAINING 5.687 ACRES, MORE OR LESS.
APN 481-300-33S
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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 00008'37" EAST, A DISTANCE OF 63.50 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 00°08'37" 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 00°08'37" WEST,
A DISTANCE OF 171.03 FEET; THENCE NORTH 89°48'06" EAST, A DISTANCE OF 490.00
FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 1.926 ACRES OR 83918 SQUARE FEET, MORE OR LESS.
C:\Documents and Settings\AIanK\Local Settings\Temp\GWViewer\39022 RETENTION BASIN LEGAL DESCRIPTION.doc
EXHIBI T "Br,
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—,*EST UNE OF SE 1/4 OF
IHE NW 1/4 OF SECTION 17
T 14 $ R 21 £, M.D.B.&M.
A.P.N. 481-020-59S 3
DOCUMENT NO. 2005-0193467
FRESNO COUNTY OFFICIAL RECORDS o
FUTURE TRACT 5235 ZIQ
I SW CORNER OF E 1/2 OF NW 1/4 3
CORNER OF THE SECTION 17 C 1/4 CORNER OF SECTION 17, W
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STREET EAS04ENT TO CITY OF FRESNO. t. �I� j, -POINT OF
` DOCUMENT NO. 94107398 FUTURE EAST CHURCH :• COMMENCEMENT
; RECORDEDJULY 1, 1994. O.R.F.C. AVENUE RIGHT—OF—WAY"'ra i =.
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