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Home My WebLink AboutT-5258 - Agreement/Covenant - 12/13/2005 (7) r WHEN RECORDED MAIL TO: IIII III III I III II II IIII III II II III III�IIII I III III II FRESNO County Recorder City Clerk Robert C. Werner City of Fresno DOC— 2005-0154622 2600 Fresno Street Acet 5-First American Title Insurance Company Fresno, Ca 93721-3603 Tuesday, JUL 12, 2003 08:00:00 Tt I Pd $0.00 Nbr-0001881449 RGR/R7/2-12 NO FEE-Government Code 6103 CITY OF FRESNO Public Works Department P.W. File No. 10746 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY STORM DRAINAGE FACILITIES FOR TRACT NO. 6258, PHASE 1 OF VESTING TENTATIVE MAP NO. 5258 and TRACT NO. 5295, PHASE 1 OF VESTING TENTATIVE MAP NO. 5295 y+r, STATEMENT OF COVENANTS Temporary Storm Drainage Facilities Tracts Nos. 5258 and 5295 Page 2 RECITALS WHEREAS, McMILLIN SUNNYSIDE RANCH, LLC, a Delaware Limited Liability Company, hereinafter 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 Califomia, hereinafter referred to as the "Subject Property" and more particularly described on Exhibits "A" and "B,' attached hereto and made a part of this Statement; 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 Maps of Tracts Nos. 5258 and 5295, hereinafter together 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 agrees to provide the temporary storm drainage facilities on the Subject Property to satisfy such condition of approval for the 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, STATEMENT OF COVENANTS Temporary Storm Drainage Facilities Tracts Nos. 5258 and 5295 Page 3 usefulness, value, desirability, and safety of the map and 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 Covenantors expense and approved by the Planning and 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 Planning and 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 Covenantors expense and approved by the Planning and Development Department, to obtain a grading permit from the Planning and 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 Covenantors 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 STATEMENT OF COVENANTS Temporary Storm Drainage Facilities Tracts Nos. 5258 and 5295 Page 4 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 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 Planning and 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 Tracts Nos. 5258 and 5295 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 Tracts Nos. 5258 and 5295 Page 6 DATED: OJ CITY OF FRESNO, COVENANTOR a Municipal Corporation McMILLIN SUNNYSIDE RANCH, LLC., DAVID D. HEALEY, Director a Delaware Limited Liability Company Public Works Department By: McMillin Management Services, LP, a California Limited Partnership, By: as Manager MICHAEL T. KIRN, P.E., Assistant Director ,n By: Corky McMillin Construction Services, Inc., as General Partner APPROVED AS TO FORM: By: HILDA CANTO-MONTY Jo A. ecutive Vice President City Att ney By By: Deputy Jim W/Robinson, Vice President (Attach Notary Acknowledgment) A+A 05-12-05 STATE OF CALIFORNIA) ss. COUNTY OF TULARE ) On June 6, 2005, before me, the undersigned, a notary public for the state, personally appeared JOSEPH A. LEAL AND JIM W.ROBINSON 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), or the entity behalf of which the person(s) acted, executed the instrument27 WITNESS my hand and official seal J. STURGEON CGS,M. 1454944 NOTARY PUBLIC-CALIFORNIA TU COUNTY M Corton.Expires Dec.28,2W? NOTARY SI NATURE SEAL CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On July 6,2005,before me, Elvia Sommerville,Deputy City Clerk, personally appeared, Robert Andersen, Design Services Manager, 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. WITNESS my hand and official City Seal. REBECCA E. KLISCH, CMC CITY CLERK a a By ,,, Deputy July 6,2005(2:37pm) Legal Description F.XIiIBIT«A99 That portion of the Southwest Quarter of Section 17,Township 14 South,Range 21 East, Mount Diablo Base and Meridian,according to the Official United States Township Plat Map thereof,is described as follows: Commencing from the East Quarter Corner of said Section 17;thence North 89'47'1 3'Vest along the center ling of said Section 17,a distance of 2120.05 feet;thence South 00°12'47"West, a distance of 104.12 feet to the True Point of Beginning;thence North 89047108"West,a distance of 442.22 feet;thence South 45012'49"West,a distance of 20.57 feet; thence South 00°12'47"West,a distance of 38.45 feet to the beginning of a tangent curve concaved to the west, having a radius of 435.00 feet,a radial line from said point bears North 89°47'13"West; thence southerly along said curve through a central angle of 25021'47",an arc distance of 192.56 feet;thence South 89°26'20"East,a distance of 510.96 feet;thence North 00057'59" Wei,a distance of 75.03 feet, thence North 00°33'40"East,a distance of 155.69 feet;thence North 44135'57"West,a distance of 16.53 feet to the True Point of Beginning. Area Contains 115,188 Square Feet(2.64 acres),more or less. EXHIBIT •B• CURVE TABLES CURVE RADKJS LENGTH CHORD DELTA NORTHEAST CORNER OF SECTION 17. Cl 1 1 '47" T. 14 S., R. 21 E. M.D9.J4 M. c., CENTER QUARTER CORNER OF SECTION PONTCCAWK&W EAST QUARTER CORNER OFIECII 17, T. 14 S, R. 21 E. M.0B Jk M 17, T. 14 S., R. 21 E.. M O.B&M. 8 N 89'47'13" W — '2733.64' — H IrA5T GHUI! GH AVENUE (ALIOWMT) N89.47'13" W tl _ 2120.05' -' IRJGP JUT Q�[AE7iMNiMC� 2 N 89 4TOfr W 44222' 14 1 lob gig I W , ( gV SOUTHEAST COO S BMW E 510.96' — OF SECTION 17,T. 14 Sy � R 21 E, M.D.&& M. � BASS OP 5MAMNSS: THE EAST LINE OF INE NORTHEAST QUARTER OF SECTIM 17 EAST N AVEMJlr T14 S., R21 E. M.D.B. &M. WAS TMEN TO BE N iFCI&.,W 1Y. LICE TAE3.E PER TRACT NO. 51A RECOROEO IN VMlIME 69 OF PLATS AT LIRE BEARING LENGTH PAGES 21 THROUGH 25, FRESNO COUNTY RECORDS. LI S0012'47N 1 .1 R 0001RD Oyu ; L2 N44W57"W 16.53' Md lIlJN SUNNYSIoE RANCH, LLC., L3 NW5r5a-W 75.05 111 SOUTH JOHNSON L4 I S0012.4rW 31.45 vISALUI, CA 93291-6115 L5 I S45*1249"M 20.57' A.D.N. = 481-040-23 RADLAL LIE TABLE IRADIALl BEARING ® MDICATES AREA TO BE DEEDED LAAV RI N64'25' 6"W FOR TEhPORN1Y BASIN PURPOSES AREA: 115,188 S.F., 2.64 ACRES ��,'1 A RSvis 10N3 eT Na 6619 . INGEj.S"BRAUN � 12-31-2006 � 8C ASSOCIATES `��, ��' cIm Emmum m Lao sI It OF C1►1� 875 VIEST AaLM AVE191E, MIX 102 CLOW.CAUFQ811A 97812 BY.MAM - os (558)291 - 0427 ISA GAflPILE. 08048M C:\my Documents 03043EI5.dw 05116/2005 02.33:55 PM PDT Ru h REV � ". PUTT N0. JObp P"TN 3M am OF FPJ MO DEPARTMENT OF PUBLIC WORKS CPA on >a TEMPORARY BASIN EASENNNT' mt anm . S+M in I A PORTION OF SECTION 17, TOWNSHIP 14 SOUTH, RANGE 21 EAST dl•By- OF 1 9EE19 M.D.B. & M.. TO BE DEEDED TO THE CITY OF FRESNO FOR DAa MAGI s TEMPORARY STORM BASIN PURPOSES. sxe AS SHOW 15-A-7797._ Tracts Nos. 5258 and 5295 P.W. File No. 10746 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on DECEMBER 28, 2004 , in the office of the Fresno County Recorder as Document No. 2004-0288618 of which the Deed of Trust in by and between: MCMILLIN SUNNYSIDE RANCH, LLC; a Delaware Limited Liability Company as Trustor, PRLAP, INC. , as Trustee, and BANK OF AMERICA, NATIONAL ASSOCIATION , 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. 5258, Phase 1 of Vesting Tentative Map No. 5258 and Tract No. 5295, Phase 1 of Vesting Tentative Map No. 5295. DATED: r��I BENEFICIARY BANK OF AMERICA, NATIONAL ASSOCIATION By: 14"121 ft-6A 12o"%A7 V. Mo.yToRo, `jR. VGE F0e4AVW"r By: Ci/afR�.A n. Wg", SR.v�� pRrS�w' (Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment) Acknowledgment STATE OF CALIFORNIA } } ss . COUNTY OF SAN DIEGO } On June 8, 2005 before me, Peggy J. French, Notary Public, personally appeared RONALD V. MONTORO and CARLA A. WELLS, personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose name are subscribed to the within instrument and acknowledged to me. that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument: WITNESS my hand and official. seal . J, PEGGY J. FRENCH Peggy J. French Comnfton# 1389660 _ Notary Public in and for said Notary PLmnC - Cairomia County and State Comm.EScar Diego county My Commission Expires :January 8, 2007 x;*esion 8,2ow Commission #1389660