HomeMy WebLinkAboutT-6087 - Agreement/Covenant - 6/30/2016 (3) i7']
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FRESNO County Recorder
Raul Oictos, C.P.A.
City Clerk DOC - 2016-0077507
City of Fresno Acct 7$-Old Republic Title CONCORD
2600 Fresno Street Thursday, ,TUN 16, 2016 08:00;00
Fresno, Ca 93721-3603 Ttl Pd $0,00 Rcpt 4 0004553145
KJE/R3I2-13
NO FEE-Government Code 6103 - - - -
CITY OF FRESNO
Public Works Department
P.W. File No. 11973
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR TEMPORARY STORM DRAINAGE FACILITIES FOR THE
FINAL MAP OF TRACT NO. 8087
Statement of Covenants
Temporary Storm Drainage Facilities
Tract No. 6087
Page 2
RECITALS
WHEREAS, COPPER RIDGE ESTATES, LLC, a California Limited Liability Company,
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:
Parcel 2 of the Parcel Map No.6208 according to the map thereof recorded
on February 23, 1983, in Book 40 of Parcel Maps at Page 6, 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 Vesting Tentative Map No. 6087, 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 ("City")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
Covenant shall run with the Subject Property and shall be binding upon and inure to the benefit of
G
Statement of Covenants
Temporary Storm Drainage Facilities
Tract No. 6087
Page 3
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 more particularly described on
Exhibit"A"and shown on Exhibit"B" shall be used for temporary storm drainage facilities purposes
until the City releases the Subject Property from such use. The Covenantor agrees to construct and
maintain said temporary storm drainage facilities; and grants to the City 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 Development and
Resource Management Department of the City of Fresno(Development and Resource Management
Department). The design of the temporary ponding basin, including fencing, shall conform to the
Public Warks Department of the Cityof Fresno(Public Works Department)Standard Specifications
and Drawings. The work shall be constructed pursuant to a grading permit issued by the
Development and Resource Management Department.
I The Covenantor is responsible to confirm the availability of permanent storm
drainage service with the Fresno Metropolitan Flood Control District [FMFCD] for the Subject
Property. Upon confirming permanent storm drainage service for the map is available, the
Covenantor shall request the Public Works Director to determine when the temporary storm
drainage facilities are no longer necessary. Upon receiving such request,the Public Works Director
will determine if the temporary storm drainage facilities are no longer required. The Public Works
Director, upon determining the temporarystorm drainage facilities are no longer required, shall issue
a written notice for abandonment to the Covenantor. Such notice will state the commencement date
for the abandonment of the temporary storm drainage facilities. The abandonment of the temporary
storm drainage facilities may include, but is not limited to, demolition and disposal of certain
Statement of Covenants
Temporary Storm Drainage Facilities
Tract No. 6087
Page 4
structures, pipes, fencing, backfilling, compaction and grading in accordance with said approved
grading plan; compaction reports, provided at the Covenantor's expense, shall be required for
backfilled areas. Covenantor, in accordance with grading plans (and other improvement plans as
may be necessary),prepared at the Covenantor's expense and approved by the City(Public Works
Department and/or the Development and Resource Management Department as applicable), shall
obtain permits(grading permit and/or street work permit as applicable)from the City to commence
and complete the abandonment of the temporary storm drainage facilities.The date of completion of
the abandonment work shall be the date the grading permit is finalized by the Development and
Resource Management Department.
4. This Statement of Covenant shall in no way be construed as a grant by the City 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 shall not be liable-to the Covenantor or to any other person, firm of
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 of Covenant, or any part thereof,except to the extent arising out of the gross negligence
or willful misconduct of the City. The Covenantor hereby releases and agrees to indemnify, defend
and: save the City, 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 indirectlyfrom 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 of Covenant,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
Statement of Covenants
Temporary Storm Drainage Facilities
Tract No, 6087
Page 5
work, except to the extent arising out of the gross negligence or willful misconduct of the City. 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 the temporary
storm drainage facilities and other improvements thereon and therein.
6. The conditions of this Statement of Covenantare intended to benefit both the Subject
Property,the public and public properties. Accordingly, it is agreed the City shall have the right to
enforce this Statement of Covenant 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 of Covenant 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 and Resource Management
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.
a. if either party is required to commence any proceeding or legal action to enforce or
interpret any term or condition of this Statement of Covenant,the prevailing party in such proceeding
or action shall be entitled to recover from the other party its reasonable attorney's fees and legal
expenses. For the purposes of this Statement of Covenant,"attorneys'fees"and"legal expenses"
include, without limitation, paralegals' fees and expenses, attorneys, consultants fees and
expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing
party's attorneys in the course of the representation of the prevailing party in anticipation of and/or
during the course of litigation,whetheror not otherwise recoverable as"attorneys'fees"or as"costs"
under California law, and the same may be sought and awarded in accordance with California
procedure as pertaining to an award of contractual attorneys' fees.
Statement of Covenants
Temporary Storm Drainage Facilities
Tract No- 6087
Page 6
9. The waiver by either party of a breach by the other of any provision of this Statement
of Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of either
the same ora different provision of this Statement of Covenant. No provisions of this Statement of
Covenant may be waived unless in writing and signed by all parties to this Covenant. Waiver of any
one provision herein shall not be deemed to be a waiver of any other provision herein.
90. The provisions of this Statement of Covenant shall be deemed independent and
severable and the invalidity or partial invalidity or unenforceability of any one provfsion or portion
thereof shall not affect the validity or enforce ability of any other provision hereof. Whenever the
context of the Statement of Covenant so requires, in interpreting this Statement of Covenant, any
gender includes the other genders, the singular includes the plural, and the plural includes the
singular.
i E MF
Statement of Covenants
Temporary Storm Drainage Facilities
Tract No, 6087
Page 7
DATED: -1-/.2,0 Ao
CITY OF FRESNO, COVENANTOR:
a Municipal Corporation
COPPER RIDGE ESTATES, LLC,
Public Works Department A California Limited Liability Company
Scott Mozier, P.E., Director
By: 8y:
Andrew J. 7411i, P.E., Assistant Director Pona d, President
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
NI'ey:
ary 135terruaOboidge
Deputy Attorney
Date: Z
(Attach Notary Acknowledgments)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Fresno
on April 11, 2016 before me, Andrea A. McFadden, Notary Public
(insert name and title of the officer)
personally appeared Gary McDonald
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) islare
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 hislherltheir signature(s) on the instrument the
persons), 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.
ANDREA A.MCFADt}EN
COMM. #2056411 x
WITNESS my hand and official seal. Notary Public California o
= Fresno County
Comm,Up ires Jan.31 2018
Signatur (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
CLERK'S CERTIFICATION
State of California )
County of Fresno }
On May 25, 2016 before me, Cindy J. Bruer, Deputy City Clerk, personally appeared, Andrew
J. Benelli, Assistant Director of the Public Works Department of the City of Fresno, 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 histherltheir authorized capacity(ies), and that by his/her/their signatures) on the
instrument the persons), 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
YVONNE SPENCE, CMC
City Clerk, City of Fresno
r
By
�D"Pty
0
�4�rt9 Ozt
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded
on _0_Q_1Z&ft o_4r I Z-szC , in the office of the Fresno County Recorder
as Document No. of which the Deeof Trust in by and between:
rnr�� ,
and o Usti �s '.��� �Mp r x . cL. 0-bnU zt as Beneficiary,
hereby expressly suhordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Statement of Covenants Affecting Land Development for Temporary Storm Drainage Facilities for
The Final Map of Tract No. 6087.
DATED:_ 0-f rd 1 J l X)1 (0
BENEFICIARY
A060Sfr16 CAPr14 L C647AIA.y�
By:
J1L
Name: en r_' I�-A #'
Title:V,C � G 1
By:
Name:
Title:
(Beneficiary to printItype document
information, Name, Title and attach Notary
Acknowledgment)
1 �
ACKNOWLEDGMENT
A ubtary p ib i orn:at iei-_.� cer;cotiipietin j j<
,�,, • .
certificate �ierifies a1ilY;the t {{{� df,f >ie
ii diitual ti�lia siif�ueile�tlQclllrieillt #Ql W}11ClT=flus
'oertifirate=is"tktt rued liiad'iib-t the .tnitlifiiliiess.-
a rtu c ;or; tal it "of f ar"> lociil�ie Au.
STATE OF CALIFORNIA
COUNTY OF FRESNO
On April 19, 2016, before me, Lori Nicole Beckman, a Notary Public, personally
appeared Carrie Duran, who proved to the on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to nie that
l /she executed the same in V/she authorized capacity, and that by lifher signature on the "
instrument the person, or the entity upon behalf of which the person 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 bland and official seal.
Signature
LSEALI
LORE NICOLE BECKMAN
Commission # 2012327
iA-a: Notary Public •California z
" Fresno County
My Comm.Expires Mar 15.2017 ti
i �
, r ,
EXHIBIT A
Legal Description
Tract 6087 Temporary Ponding Basin
That portion of Parcel 2 of Parcel Map No. 6208, recorded in Book 40,. page 6 of Parcel
Maps, Fresno County Records, described as follows: .
Beginning at the Southwest corner of.said Parcel 2; thence North 881132'55'° East, along
the South line of said Parcel 2, a distance of 28.00 feet to the TRUE POINT OF
BEGINNING; thence North 88032'55"-East, along said South line of said Parcel 2, a
distance of 97.16 feet-, thence North 1151'26" East, parallel with and 125.00 feet East of
the West line of said Parcel 2, also being along a line parallel with and 160.00 feet East
of the East line of the Southwest Ouarter of Section 12, Township 12 South, Range 20
East, Mount Diablo Base and Meridian, a distance of 212.35 feet; thence South
881132'56" West, parallel with and 212.00 feet North of the South line of said Parcel 2, a
distance of 97.1E feet; thence South 1°51'25"Vilest, parallel with and 28,00 feet East of
the West line of said Parcel 2, also being along a line parallel with and 63.00 feet East
of the East line of the Southwest Quarter of said Section 12, a distance of 212,35 feet to
the intersection with the South line of said Parcel 2 and TRUE POINT OF BEGINNING,
Contains an area of-2-098-spume feet more or less.
EXHIBIT "B"
zE
PAIS y
THE EAST LINE OF THE �
SOUTHWEST QUARTER OF
I # S B83Z'5G' a
SECTION 12. T 12 S. R 20 E,
*35' taci
�! cV O
PARCEL 3 eq C4 Cy 1L
A.P.N. 57$-074-31s &-ui
:r'
--63 �' •�
W LLS
'�;
THE WEST U14E OF
PARCEL 2 r�':; ' ,� . •'•:,� r THE SDi:1T'H LINE
'�' ; OF PARCEL 2 r
PONT OF BEGINNING F N E
9718' P9TE PO
ty.
t # OF BEG NINING
Pra4 1 � THE SOUTH WEST
A.P.N. 579-074-278 Lz! CORNER OF PARCEL 2
PARM 3.
I ,�+
= I SCALE_ 1" 10W
2 �. � - ----- --- -
EAST COPPER AVENUE
THE SOUTH QUARTER CORNIER OF
SECTION 12. TOWNSHIP 12 SOUTH,
RANGE 20 EAST. MOUNT DIABLO BASE
AND MERIDIAN
RECORD OWNER: PREPARED BY:
APJL 579-074-2& GARY GIAMErrA
HATCHED AREA TO BE DEEDED FOR COPPER AND CIE:S'TN UT DEVELOPMENT. M 1119 Or SIREET
PUBLIC STREET EASEMENT PLIRPOSES 1396 w fEl*J" AVE. WE 101 F1t6NO. Ck 53121
FRMW. CA 9.37111 (559) 264-3590
AREA = 20.598 SO. FT.
rR 6W7 CITY OF FRESNO ID.
off. Nu.
A PORTION OF THE SOUTHEAST GUAR ER OF SECTION 12, DR BY- ►nL SHEET NO. '
T 12 S. R 20 E. AI.D_B. & M.. FUR: CH BY_ OF 1 SHEET
/16
TEMPORARY PONDING BASIN sc� AS NOTEE:D
1 �