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HomeMy WebLinkAboutT-5235 - Agreement/Covenant - 7/26/2006 W`IEN RECORDED MAIL TO: IIII III III�III II II IIII II 1111 IN III I IN I IN 1111 FRESNO County Recorder City Clerk Robert C, Werner City of Fresno DOC— 2006-0 119619 2600 Fresno Street Wednesday, JUN 07, 2006 14:59:21 Fresno, Ca 93721-3603 Ttl Fd $0,00 Nbr-0002203674 RGR/R4/1-14 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 WHEN RECORDED MAIL TO: FRESNO County Recorder Robert C. Werner City Clerk City of Fresno DOC— 2005-0289952 2600 Fresno Street Acct 3-First American Title Insurance Company Fresno, Ca 93721-3603 Monday, DEC 12, 2005 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' i 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 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.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 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, ' r It 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 i E� 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: CITY OF FRESNO, COVENANTOR (Owner): a Municipal Corporation KB RESALE PROPERTIES, INC., DAVID D. HEALEY, Director a California Corpora iqn Public Works Department A" 'J By: By: +�' c�jf{1AA� P.A. [Augie] Dent III, Michael T. Kirn, Assistant Director Senior Vice President APPROVED AS TO FORM: COVENANTOR (Developer): HILDA CANTO MONTOY KB HOME SOUTH BAY INC., City Attorney a California Corp ation By: By: 'Z996�� Deputy P.A. Dent III, Senior Vice President (Attach Notary Acknowledgment) 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California County of J` `��2 f�Y / ss. 1 T S. C5irlrsOrl On;, lJ n� ? �G before me, , � Date Name andTdle of Officer e.g.,"Jane Doe,Notary Pu lic") personally appeared {�1 fe ���-{'L Names)o Signer(s) I personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are adit" subscribed to the within instrument and I T S.ROSINSON acknowledged to me that he/she/they executed Commission#1431096 I the same in his/her/their authorized -: Notary Public-California y� capacity(ies), and that by his/her/their Monterey County ` My Comm.Expires Jul 18,2007 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I WITNESS my hand and official seal. I' Inature of Notary Public I 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. De - iption of Attached Document Title or Type ocument: Document Date: Number of Pages: I Signer(s)Other Than Named ove: I Capacity(les) Claimed by Sign Signer's Name: 00*1 ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee 151) ❑ Guardian or Conservator ❑ Other: i Signer Is Representing: 0 1999 National Notary Association-9350 De Solo Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.nahonalnotary.org Prod.No.5907 Reorder Cell Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof On before me, N11' C, (.• AL-I-)!J-rl\ Date 1 Name and Title of Officer(6.g.,"Jane Doe,Notary Public") personally appeared l `, &dot 1l ' Name(s)of Signer(s) P-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 SARA ftii-IONs within instrument and acknowledged to me that CommMlon*1546469 he/she/they executed the same in his/her/their authorized WIMY Notary Pub0c-Callfomlo ca aci les and that b his/her/their si natures on the Alameda County P tY{� ), Y g { )Comm.ExpkwJon22.2009 instrument the person(s), or the entity upon behalf of 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 could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of cument: Document Date: Number of Pages: Signer(s) Other Than Named ve: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ 'vidual ❑ Corporate Officer — Title(s): ❑Corpo a Officer — Title(s): ❑ Partner — ❑ Limited ❑ GeneralLJPartner — Limited ❑ General _ REH ❑ Attorney in Fact ❑Attorney in Fact '- • ❑ Trustee Top of thumb here L]Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: _ ❑Other: Signer Is Representing: Signer Is Representing: ©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, Z C (' S before me, personally appeared I)')-t c/int.E'.- % A'- / . 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_C u���, a' DEPUTY K:\ionb\Map docs\Final Maps\FM 5235\T-5235 Sub Docs\T-5235 Covenant Temporary Drainage Facilities Off-Site.wpd T 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' 21" 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. I I I:\302200\docs\Legal\051906 Legal Descdption-KB SOUTH.doc-tmm 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 17'48" 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 000 01' 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 890 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 utNo sG�` a, 'f 0 4�76� r9r�,OF CAL1F4��\� I:\302200\docs\Legal\051906 Legal Description-KB SOUTH.doc-tmm 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. i C:\Documents and SettingsWlanK\Local Settings\Temp\GWViewer\39022 RETENTION BASIN LEGAL DESCRIPTION.doc t EXHIBI T "B " -' WEST UNE OF SE 1/4 OF THE NW 1/4 OF SECTION 17 l T 14 S, R 21 & M.D.B.&M. A.P.N. 481-020-59S 3 DOCUMENT NO. 2005-0193467 FRESNO COUNTY OFRCIAL RECORDS o FUTURE" TRAGI 5235 z e SW CORNER OF E 1/2 OF NW 1/4 1 Q CORNER OF THE SEC77ON 17 C 1/4 CORNER OF SECTION 17, :2 T 14 S, R 21 & M.D.B.&M. T.14 S, R.21 E., M.D.B.& M. STREET EASEMENT To CITY OF FRESNO. ,.••••POINT OF DOCUMENT NO. 94107398 FUTURE EAST CHURCH y COMMENCEMENT ?' RECORDED JULY 1, 1994. O.R.F.C. AVENUE RIGH T-OF-WAY'''c: `t ` EAST CHURCH AVENUE _ S 89 5123 W 1339.85 N o 63.50�... ..y'^ 335.27 . U N 89 48'06"E 490.00 W R o �'' vo o 2%, j POINT OF Q e BECINNING o i . $ �x� x : 5 89°511/W. .490 . .- A.P.N. 481-300-JJS z a ' DOC. NO. 2005-0009214 a L-,-,o ` DRAINAGE BASIN AREA TO BE FRESNO COUNTY ¢ v z DEDICATED (1.926 ACRES) OFFICIAL RECORDS o T' 'T NO. 468 581- J.P. - 3 t EAST EUG IA AVENUE :t `'SOUTH UNE OF NE 1/4 SEC77ON 17 T 14 S, R 21 E, M.D.B.&M. EAST UNE OF NE 1/4 OF•-• THE SW 1/4 OF SEC7701V 17 T14S, R21 & M.D.M.MM, !�N H SU,p�� SCALE No. 6953 THOMPSON-HYSELL * DIP.9-3111,-v ENGINEERS sf p A CIYOM OF 1HE IOE M COIPANIM W. llr OF CA��E�� 101612TH BTREE'r.M 6864 ODESM,CA 9 CM) 521.6666 FAX OW) =14M COPYRIGHT ® 2005 THOMPSON-HYSELL ENGINEERS REF. & REV. PROJECT C I T Y O F F R E S N O FUND NO.I D 200— DEPARTMENT OF PUBLIC WORKS ORc. NO. T-5233 DRAINAGE BASIN DR. BY DAM SHEET NO. 1 DEDICATION C+• BY UK OF I SHEETS SOUTH OFEASTCHURCHAVENUE DATE -"R 15-A-7944 SCAUE