Loading...
HomeMy WebLinkAboutT-5395 - Agreement/Covenant - 9/26/2005 (9) r At- WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, Ca 93721-3603 23120052005022452� LLJ Cl!:: � ® C:> NO FEE - Government Code 6103 CITY OF FRESNO Public Works Department P.W. File No. 10763 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY STORM DRAINAGE FACILITIES FOR TRACT NO. 5395, PHASE 2 OF VESTING TENTATIVE MAP NO. 5247 Statement of Covenants Temporary Storm Drainage Facilities Tract No. 5395 Page 2 RECITALS WHEREAS, GRANTLAND AVENUE L.L.C., a California Limited Liability Company, hereinafter referred to as the "Owner," of the real property situated in the City of Fresno, County of Fresno, State of California, and La Terraza Partners, LLC., a California Limited Liability Company, 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 forthe Final Map of Tract No.5395, 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, 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 Storm Drainage Facilities Tract No. 5395 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 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 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. - e O Statement of Covenants Temporary Storm Drainage Facilities Tract No. 5395 Page 4 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 release with the Fresno County Recorder. Statement of Covenants Temporary Storm Drainage Facilities Tract No. 5395 Page 5 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 Tract No. 5395 Page 6 DATED: g �� CITY OF FRESNO, COVENANTORS a Municipal Corporation OWNER: Grantland Avenue L.L.C., a California Limited Liability Company DAVID D. HEALEY, Director Public Works Department By: Granville Homes, Inc., a California Corporation, as Manager By: AJJ�4 - &A2 Michael T. Kinn, Assistant Director Farid Assemi, President APPROVED AS TO FORM: HILDA CANTO MONTOY DEVELOPER: City Attorney La Terraza Partners, LLC. a California Limited Liability Company By: By: Generation Homes, Inc. Deputy a California Corporation, its Manager By: Robert Wood, President LD&E FORM Covenant Temp Basin v07/28/05 (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 ss. County of LU Ony before mel9i%are Date - Name and Ttl of bfficer(e.g.,"Jane D e,N ary Public") personally appeared � - , Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence OWAE to be the .person(s) whose name(s) is/are 'C subscribed to the within instrument and Nof�y .Cdlbmb acknowledged to me that he/she/they executed FWMCGUMV the same in his/her/their authorized MVComm•00esMQ 26.204 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. Signa ure of Notaryu''c 1 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 Document: Document Date: _ Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here El Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 a CLERKS CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On September 7,2005, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Michael T. Kirn,Assistant 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. WITNESS my hand and official City Seal. REBECCA E.,KL ISCH,IV MC CITY CLERK",ti-,r.•��- n fry A � Deputy september;�2005(1:34pm). es Tract No. 5395 P.W. File No. 10763 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 16, 2005, in the office of the Fresno County Recorder, as Document No. 2005-0133085 of which the Deed of Trust in, by and between Grantland Avenue, LLC, a California Limited Liability Company, and Assemi Brothers, LLC, a California Limited Liability Company, as Trustors, Financial Title Company, a California Corporation, as Trustee, and Housing Capital Company, a Minnesota Partnership, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development. DATED: BENEFICIARY (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On before me, Date Q Name and Title of Officer e.g. "Jane Doe,Notary Public") personally appeared Name(s)of Signer(s) ) personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are CWimmhon ' subscribed to the within instrument and Wotodyl _Oagomo I acknowledged to me that he/she/they executed ft"cotnrythe same in his/her/:their authorized MVCWMExp1r tMw26.Z0 r capacity(ies), and that by his/her/their W * 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 of Notary Pu 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 Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer. Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): - ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 Tract No. 5395 P.W. File No. 10763 EXHIBIT "A" Legal Description for Temporary Storm Drainage Facilities for Tract No. 5395 Temporary Facilities Covenant Legal Description That portion of Parcel 3 of Parcel Map No. 2159, recorded in Book 17, page 26 of Parcel Maps, Fresno County Records, also being in the Northwest Quarter of Section 9, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, described as follows: Beginning at the West Quarter corner of said Section 9; thence North 89°34'51" East, along the South line of said Northwest Quarter, a distance of 658.28 feet; thence North 0°01'48" West, along the East line of said Parcel Map No. 2159, a distance of 722.00 feet to the TRUE POINT OF BEGINNING; thence South 89'34'49" West, a distance of 11.84 feet to the beginning of a tangent curve, concave to the Southeast; thence Southwesterly along said tangent curve, having a radius of 25.00 feet, through a central angle of 46°42'49",.a distance of 20.38 feet to a point of reverse curvature; thence Westerly along said reverse curve, having a radius of 45.00 feet, through a central angle of 114°30'43", a distance of 89.94 feet; thence South 89°34'49" West, a distance of 523.40 feet to the intersection with the West line of said Parcel 3; thence North 0°00'00" East, along the West line of said Parcel 3, a distance of 34.00 feet; thence North 89°34'49" East, a distance of 523.15 feet to the intersection with a non-tangent curve, concave to the Southeast whose radius point bears South 68`13'25" East; thence Northeasterly, along said non-tangent curve, having a radius of 45.00 feet, through a central angle of 43°08'51", a distance of 33.89 feet; thence North 0°01'48" West, a distance of 119.66 feet; thence North 89°58'12" East, a distance of 82.00 feet to the intersection with the East line of said Parcel 3; thence South 0°01'48" East, along the East line of said Parcel 3, a distance of 183.00 feet to the TRUE POINT OF BEGINNING.