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Home My WebLink AboutT-5600 - Agreement/Covenant - 4/29/2011 (4) When Recorded Mail To: ?Bf f je v lfee�,�9 City Clerk City of Fresno 2600 Fresno Street Fresno, California 93721-3603 CITY OF FRESNO O Public Works Department Z O V W N a W J a RELEASE OF STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY OFF-SITE STORM DRAINAGE FACILITIES FOR OUTLOT E OF THE FINAL MAP OF TRACT NO. 5600 Release of Covenant Outlot E Tract No. 5600 Temporary Off-site Storm Drainage Facilities (Basin B) Page 2 WHEREAS, LENNAR FRESNO, INC., a California Corporation, entered into a Statement of Covenant providing for temporary off-site storm drainage facilities (Basin B) for the Final Map of Tract No. 5600, Phase 1 of Vesting Tentative Map No. 5600, dated June 5, 2008 and recorded on June 12, 2008 as Document No. 2008-0085132 Fresno County Records, hereinafter referred to as the "Statement of Covenant;" and WHEREAS, said Statement of Covenant is more particularly identified in the attached Exhibit W; and WHEREAS, the Subject Property affected is more specifically described as: Outlot E of the Final Map of Tract No. 5600 according to the map thereof recorded on June 12, 2008 in Volume 80 of Plats at Page(s) 68 thru 73, Fresno County Records; and WHEREAS, the Director of the Public Works Department has determined that the continued existence and enforcement of said Statement of Covenant for said Outlot E of Tract No. 5600 is no longer necessary upon the recording of the Final Map of Tract No. 5869, Phase 2 of Vesting Tentative Map No. 5600. NOW, THEREFORE, in accordance with the provisions of the Statement of Covenant, the City of Fresno does hereby release said Outlot E of Tract No. 5600 from the Statement of Covenant and that it shall be of no further force or effect. DATED: 7 --I /—f CITY OF FRESNO a Municipal Corporation APPROVED AS TO FORM: PATRICK N. WIEMILLER, Director Public Works Department JAMES C. SANCHEZ City Attorney ` 7 By: � B r 'l Scott Mozier, P.E., As stant Director Shanno�h ffi , Deputy City Attorney Date: i `� CLERK'S CERTIFICATION State of California ) County of Fresno ) On February 18, 2011 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared, Scott Mozier, PE, Asst Director, Public Works Department, who 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) 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 REBECCA E. KLISCH, CMC City Clerk, City of Fresno By &a"'b Deputy EXHIBIT A � WHEN RECORDED MAIL TO: 1111111111111111111111 FRESNO County Recorder City Clerk Robert C, Werner City of Fresno DOC— 2008-0085132 2600 Fresno Street Acct 7-North American Title Company Inc. Fresno, Ca 93721-3603 Thursday, JUN 12, 2008 08:00:00 Tt l Pd $0,00 Nbr-0002784746 RGR/R4/1-9 NO FEE—Government Code 6103 CITY OF FRESNO Public Works Department P.W. File No. 11214 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY OFF-SITE STORM DRAINAGE FACILITIES (BASIN B) FOR THE FINAL MAP OF TRACT NO. 56001 PHASE 1 OF VESTING TENTATIVE MAP NO. 5600 Statement of Covenants Temporary Off-site W!Exhibits Storm Drainage Facilities Tract No. 5600 Page 2 RECITALS WHEREAS, LENNAR FRESNO, INC., a California Corporation, hereinafter referred to as the "Covenantor," is the owner of the real property situated in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described as: Outlot E, of Tract No. 5600 according to the map thereof recorded on _'ta ne- 12 , 20Q in Volume 20 of Plats at Page(s) (,8-Jf • , Fresno County Records; 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.5600,hereinafter referred to as "map," requires the provision and maintenance of temporary off-site 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 map. 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 minimise possible adverse effects on the public health, safety, peace, and general welfare. Each of the covenants, conditions, and restrictions contained in this Statement l/ Statement of Covenants Temporary Off-site W/ Exhibits Storm Drainage Facilities Tract No. 5600 Page 3 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 its respective his heirs, successors, and assigns during ownership thereof. 1. The Covenantor agrees that a portion of the Subject Property, more particularly described in the attached Exhibit"A,"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 said temporary storm drainage facilities on 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 "Planning and Development Department of the City of Fresno" (Planning and Development Department). The design of the temporary ponding basin, including fencing, shall conform to the "Public Works Department of the City of Fresno" (Public Works Department) standard specifications. The work shall be constructed pursuant to a grading permit issued by the Planning and Development Department. 3. The Public Works Department Director shall determine when such temporary storm drainage facilities are no longer required. Within sixty (60) calendar days after the Public Works Department 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 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 Statement of Covenants Temporary Off-site WI Exhibits Storm Drainage Facilities Tract No. 5600 Page 4 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 is 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, except to the extent arising out of the gross negligence or willful misconduct of the City of Fresno. The Covenantor hereby releases and agrees to indemnify,defend and save the City of Fresno, its officers,directors,employees,agents and volunteers,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 by Covenantor 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, except to the extent arising out of the gross negligence or willful misconduct of the City of Fresno. The Covenantor further agrees that the use for any purpose and by an 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 Statement of Covenants Temporary Off-site W/ Exhibits Storm Drainage Facilities Tract No. 5600 Page 5 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 representative or 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 records such release with the Fresno County Recorder. B. In the event that litigation is instituted to enforce or interpret any provision of this Statement,the parties agree that the prevailing party shall be paid reasonable attomeyls fees,costs and litigation expenses. 9. 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. i c' Statement of Covenants Temporary Off-site WI Exhibits Storm Drainage Facilities Tract No. 5600 Page 6 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation LENNAR FRESNO, INC., Public Works Department a California Corporation Patrick Wiemlller, Director By: By: Scott Mozier, P.E., AssistardVirector Steve Lutton, Vice President APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By:QfL/'o , I John W. Fox eputy City Attorney Date: (Attach Notary Acknowledgments) ACKNOWLEDGMENT State of California County of Fresno ) On May 15, 2008 --before me, T. Rothermel, Notary Public (insert name and title of the officer) personally appeared Steve Lutton who 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) acted, executed the instru ment. 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. T. ROTHERMEL COMM. 41664278 r+oraJrrnauC•cuIFQRN sno Cout+rr Ny Comm.ElOrni"5,2010 Signature�7 'd— (Seal) 9 CLERK'S CERTIFICATION State of California } County of Fresno ) On June 6, 2008, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Scott Mozier, P.E. Assistant Public Works Director, who 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 helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument 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. REBECCA E. KLISCH, CMC City Clerk, City of Fresno o ° By Deputy EXHIBIT "A" BASIS OF BEARINGS: THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN AS SHOWN ON PARCEL MAP NO. 7294 RECORDED IN BOOK 49 OF PARCEL MAPS AT PAGE 17, F.C.R., TAKEN TO BE NORTH 00'25'00" EAST. CEN 1/4 CORNER EAST 1/4 COR, SEC. B-13/19 WEST BARSTOW AVENUE SEC. 8-13/19 N89'53'52"E 2648.81' 1 1249.64' 1399.17' - - - -� - - - - - - - - - - - - - - - - - - - - - - � = - . - 662.20' �- — — 587.44' i I LJ I I I LtJ I I in I b 4J / o � Z� oIQ LB � Z" 9• o ,.� I w QI x o a' I0Q JL3 INC) WI �� L1 1 laz I m Q J I ^2 I P No SQ�P�S 0z I I N �I- ��P�� of F • I I w Z I L6 �h p� I ry S F� I I �� I O WEST LINE OF THE P� P I Zo z EAST 1/2 OF LOTS I 18 AND 23 I LANA LINE TABLE I DAV/0 SGpL LINE LENGTH BEARING v L1 90.43' S89'53'55"W L2 17.44' N45'03'22"W SE COR. I a Y L3 50.00' S89'53'55"W SEC. 8-13/19 L4 117.87' S00'00'40"E Exp. 12/31/09 P L5 17.28' S45'28'57"W Jjgl No. 7923 0�?� L6 117.30' N89'35'23"W E OF CA��E L7 202.00' N00'24'37"E LEGEND L8 115.81' S89'35'23"E ® AREA TO BE DEDICATED SCALE: 1" = 100' L9 17.49' S44'48'D2"E \ TO THE CITY = 25,882 SQ. FT. L10 1 59.61'I S00'00'40"E 0 50 100 200 1-11 1 177.48' S00'00'40"E F.C.R. FRESNO COUNTY RECORDS REF. & REV. CITY OF FRESNO PROD. ID. FUND N0. T-5600 DEPT. OF PUBLIC WORKS PFILE -- OFF—SITE DRAINAGE BASIN "B" DEDICATION DR. BY: CN SHEET No. 1 PLAT N0.. TRACT NO. 5600 CH. BY: OF 1 SHEETS WEST BARSTOW AVENUE DATE: 02/11/08 SCALE AS NOTED 15—= I 06-107\dwg\061078snCov£xbt.dwg 02/11/08