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Home My WebLink AboutT-5464 - Agreement/Covenant - Temporary Storm Drainage Facilities - 12/5/2018 r e 1111 MIMI IMOKNOWAN 11611v 111d11ii1 RECORDING REQUESTED BY 2018-0145159 AND WHEN RECORDED MAIL TO: FRESNO County Recorder Paul Dictos, CPA City Clerk Wednesday, Dec 05, 2018 08:00:00 AM City of Fresno Titles: 1 Pages: to 2600 Fresno Street Fees: s0.00 Fresno, Ca 93721-3603 CA SB2 Fee: 0.00 Taxes: 0.00 Total: 0.00 CITY OF FRESNO NO FEE—Government Code 6103- CITY OF FRESNO Public Works Department P.W. File No. 11376 O STATEMENT OF COVEN S FECTING LAND DEVELOPMENT FOR TEMPORARY DRAINAGE FACILITIES FOR THE FINAL MAP OF T O. 5464, PHASE 1 OF VESTING IVE MAP NO. 5464 O O DOC#2018-0145159 Page 2 of 10 Statement of Covenants Temporary Storm Drainage Facilities Tract No. 5484 Page 2 RECITALS WHEREAS, KB HOME SACRAMENTO, INC., a California Corporation , hereinafter referred to as the "Covenantor," is the owner of the real property situated in th City of Fresno, County of Fresno, State of Califomia, hereinafter referred to as the "Sub'ect ro and more particularly described as: Outlot A of the Final Map of Tract No. 5464 accordin th thereof recorded on Deb, 54 20/9 in Volume lats at Page(s) 9e C Z10 , Fresno County Records; and WHEREAS, the Covenantor hereby warrants that parties having record title interest in the Subject Property which may ripen into a fee h u rdinated to this instrument and that all such instruments of Subordination, if an , a ed hereto and made a part of this instrument; and, WHEREAS,a condition of approval ting ntative Map No.5464,hereinafter referred to as "map," requires the provision and m nan a of temporary storm water storage (ponding basin)and associated facilities, hereina r d to as"temporary storm drainage facilities," until such time that permanent storm drp-iag lilies are available to serve said map; and WHEREAS,the Covenant d e City of Fresno("City's desire to enter into an agreement providing for such temporary o rainage facilities. C TS, CONDITIONS, AND RESTRICTIONS The Coveo hereby covenants that the Subject Property shall be held, conveyed, encumbered, a ccupied, developed, maintained, and improved subject to the following covenants i s, and restrictions, which are for the purpose of enhancing attractiveness, usefulness, alue,desirability,and safety of the Subject Property,the surrounding property,and the pu la , and to minimize possible adverse effects on the public health, safety, peace, and g ral (fare. Each of the covenants, conditions,and restrictions contained in this Statement of nant shall run with the Subject Property and shall be binding upon and inure to the benefit of DOC#2018-0145159 Page 3 of 10 Statement of Covenants Temporary Storm Drainage Facilities Tract No. 5464 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 shall be used fo mporary storm drainage facilities purposes as shown on the attached Exhibit A until the the Subject Property from such use. The Covenantor agrees to construct and mai i m rary storm drainage facilities;and grants to the City the right to enter upon a perty for purposes of inspection and to regulate the use of and access to said temp ry sto rainage facilities on the Subject Property. 2. The temporary storm drainage facilities s nstructed to conform to the grading plans prepared at the Covenantoris exnen pproved by the Development and Resource Management Department of the C' of Fres (Development and Resource Management Department). The design of the tempora n in, including fencing, shall conform to the Public Works Department of the City of F o lic Works Department)Standard Specifications and Drawings. The work shall be ructed pursuant to a grading permit issued by the Development and Resource Man a Department. 3. The Covena r ' esponsible to confirm the availability of permanent storm drainage service with t res Metropolitan Flood Control District (FMFCD) for the Subject Property. Upon co i rmanent storm drainage service for the map is available, the Covenantor sh q the Public Works Director to determine when the temporary storm drainage fa ' longer necessary. Upon receiving such request,the Public Works Director will dete temporary storm drainage facilities are no longer required. The Public Works Dire r, etermining the temporary storm drainage facilities are no longer required,shall issue a ' en Lice for abandonment to the Covenantor. Such notice will state the commencement date abandonment of the temporary storm drainage facilities. The abandonment of the temporary m drainage facilities may include, but is not limited to, demolition and disposal of certain 3 DOC#2018-0145159 Page 4 of 10 Statement of Covenants Temporary Storm Drainage Facilities Tract No. 5464 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 imp ement plans as may be necessary), prepared at the Covenantor's expense and approved i ublic Works Department and/or the Development and Resource Management Depa ppl' ble),shall obtain permits(grading permit and/or street work permit as applicable th ity to commence and complete the abandonment of the temporary storm draina facilitie .The date of completion of the abandonment work shall be the date the grading permit is by the Development and Resource Management Department. 4. This Statement of Covenant shall in n construed as a grant by the City of any rights to the Covenantor to trespass upon la in the possession of, or owned by another, whether such land is privately or u ow 5. The City shall not be Iia Covenantor or to any other person, firm or corporation whatsoever, for any inju dam a that may result to any person or property by or from any cause whatsoever in, req t the Subject Property of said land covered by this Statement of Covenant,or an f,except to the extent arising out of the gross negligence or willful misconduct of th i he Covenantor hereby releases and agrees to indemnify,defend and save the City, i irectors, employees, agents and volunteers, harmless from and against any and a to and deaths of persons,and all claims,demands, costs, loss damage and liability, h same may be caused, resulting directly or indirectlyfrom the performance of any or all r o done by Covenantor in and upon the street rights-of-way and said Subject Prop pon the premises adjacent thereto pursuant to this Statement of Covenant,and also all' ries to and deaths of persons,and all claims,demands,costs,loss,damage and liability, er same may be caused, either directly or indirectly made or suffered by the Covenantor, th venantor's agents,employees and subcontractors, while engaged in the performance of said DOC#2018-0145159 Page 5 of 10 Statement of Covenants Temporary Storm Drainage Facilities Tract No. 5464 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, s II be at the sole and exclusive risk of the Covenantor at all times prior to the release by a temporary storm drainage facilities and other improvements thereon and therein. 6. The conditions of this Statement of Covenant are intend ben both the Subject Property, the public and public properties. Accordingly, it is a r ed the 'ty shall have the right to enforce this Statement of Covenant by any legal or equitable inst the Covenantor and such person or persons in actual possession of the Subje P p who directly or who through any representative or agent violate the terms hereof. 7. The foregoing conditions and obliga ' 's Statement of Covenant shall remain in full force and effect until such time as: a wo abandon the temporary storm drainage facilities under the grading permit issu Development and Resource Management Department is completed, and (b) th ubli orks Director issues a written release of such conditions and obligations and h release with the Fresno County Recorder. 8. If either party i I o commence any proceeding or legal action to enforce or interpret any term or condi n is Statement of Covenant,the prevailing party in such proceeding or action shall be ent' ver from the other party its reasonable attorney's fees and legal expenses. For th es of this Statement of Covenant, "attorneys'fees"and"legal expenses" include, with ion, paralegals' fees and expenses, attorneys, consultants fees and expenses a ess fees and expenses, and all other expenses incurred by the prevailing party" in the course of the representation of the prevailing party in anticipation of and/or dui g urse of litigation,whether or not otherwise recoverable as"attomeys'fees"or as"costs" lifomia law, and the same may be sought and awarded in accordance with California p dure as pertaining to an award of contractual attomeys'fees. S DOC#2018-0145159 Page 6 of 10 Statement of Covenants Temporary Storm Drainage Facilities Tract No. 5464 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 or a different provision of this Statement of Covenant. No provisions of is Statement of Covenant may be waived unless in writing and signed by all parties to this v aiver of any one provision herein shall not be deemed to be a waiver of any other p o rei . 10. The provisions of this Statement of Covenant sh me independent and severable and the invalidity or partial invalidity or unenforcea i ity of a one provision or portion thereof shall not affect the validity or enforce ability of any othe ' n hereof. Whenever the context of the Statement of Covenant so requires, in inte 9 is Statement of Covenant, any gender includes the other genders, the singular incl plural, and the plural includes the singular. O O O DOC#2018-0145159 Page 7 of 10 r Statement of Covenants Temporary Storm Drainage Facilities Tract No. 5464 Page 7 DATED: :&*EPTrMl3(2 7A V1 d CITY OF FRESNO, COVENANTOR: a Municipal Corporation KB HOME SACRAMEN O, ., Public Works Department A California Corpo Scott Mozier, P.E., Director By. By Andrew J. B eIli, P.E., Assistant Director Le V orward Planning a a velopment APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By- Merman-Doidge D City Attome Date: G (Attach Notary Acknowledgments) DOC#2018-0145159 Page 8 of 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 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 Placer On 8/13/2018 before me, Samantha See-ine La ublic Date Here Insert Name the Officer personally appeared Leo Pantoja Name(s)of Sig a sJ who proved to me on the basis of satisfactory evidence to be the n ose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/th a ed the same In his/her/their authorized capacity(les), and that by his/her/their signature(s)on ment the person(s),or the entity upon behalf of which the person(s) acted,executed the lnstrn I c under PENALTY OF PERJURY under the laws f the State of California that the foregoing SAMANTHASEE4NE LAW a ph Is true and correct Notary Publk-California h Placer County ITNESS my hand and official seal. Commission a 2246971 My Comm.Expires Jun 21,2022 Signature Place Notary Seal and/or Stam ve Signature f ota Iic OPTIONAL Completin Is i !on can deter altera f the document or froudul ac ment of this form to an unintended document: Description of Attache a nt of Covenants Affecting Land Development for Temporary Storm Drainage Title or Type of D c 1 e for The Final Map of Tract No. 5464, Phase 1 of Vesting Tentative Map No. Document Date: 201 Number of Pages: 10 Signer(s) Oth an ed Above: Andrew J. Benelli, Mary Raterman- Doidge Capacity( I by Signer(s) Signer's Signer's Name: I ❑Cor o a r—Title(s): ❑ Corporate Officer—Title(s): ❑ Partn r— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ ❑ Attorney In Fact ❑ Individual ❑ Attomey In Fact ee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator 0 ❑ Other: ne Representing: Signer is Representing: 17 National Notary Association DOC#2018-0145159 Page 9 of 10 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 CLERK'S CERTIFICATION State of California ) County of Fresno ) On September 21, 2018 before me, Cherisea Bames D Clerk, personally appeared, Andrew J. Benelli P.E. Assistant Director of Public Work*� �Citv of Fresno who proved to me on the basis of satisfactory evidence, to be the p ose name(s) is/are subscribed to the within instrument and acknowledged to th /they executed the same in his/her/their authorized capacity(ies), and that by a it signature(s)on the instrument the person(s), or the entity upon behalf of whic a pe (s)acted, executed the instrument. I certify under PENALTY OF PERJURY r s 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 a - kr D_PCT. By Aj -'Dep O O DOC#2018-0145159 Page 10 of 10 e EXHIBIT "A" I I 1 'nV=wa a412 W"as fflmv�L�� %Ulm 76 OF PLAI%'PAGO 33,=PQR MOUE 7E RAI% I1 68 67 68 63 64 dl b7 $ 30 16 b4 33 51 00 �63UO2 32 � 31 n I CH3141 S 6 7 e 9 10 1 13 14 15 33 I — �_ OIIT1 M 30 32 I I' 29 31 3029' 2dEE 23 24 Z3 20 19 1E 17 i 28 — r 1 I 27 1 I 1 I I — ------ ---- POND AftFA I 1 [ 1 25 1 POND AREA I L-----_J 24 U LOT A y I I I I I I SCALE: 1' - 200' CITY OF FRESNO `RO& 1D. RM NO. ORG NO. 01 000 A PORTION OF THE SOUTHEAST QUARTER OF THE DR. BY: L LENUS SHEET NO. 1 SOUTHEAST QUARTER OF SECTION 10, T 14 S, R 21 E, CH BY: M.D.B. & M., FOR STORM BASIN PURPOSES: OF 1 SHEET DATE: 7/31/2018 PONDING BASIN PURPOSES SCALE: AS NOTED �o