HomeMy WebLinkAboutT-5971 - Agreement/Covenant - Emergency Vehicle Access Facilities - 10/3/2017 IN
RECORDING REQUESTED BY AND IIII III I IIII II II II IIII IIII I II II IIII I IIII I III III II
WHEN RECORDED MAIL TO:
FRESNO County Recorder
City Clerk Paul Dictos, C.P.A.
City of Fresno DDC— 2017-0127194
2600 Fresno Street Acct 8002-Old Republic Title CONCORD
Fresno, Ca 93721-3603 Tuesday, OCT 03, 2017 08:00:00
Tt 1 Pd $52.00 Rcpt # 0004858144
RGR/R5/2-12
NO FEE -Government Code 6103
CITY OF FRESNO
Fire Department
P.W. File No. 12083
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR EMERGENCY VEHICLE ACCESS
FACILITIES FOR THE FINAL MAP OF TRACT NO. 5971
Statement of Covenants for
Emergency Vehicle Access Facilities
Tract No. 5971
Page 2
RECITALS
WHEREAS, WILSON PREMIER HOMES, INC, a California Corporation,
hereinafter referred to as the "Covenantor," 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 follows:
Outlot A of the Final Map of Tract No. 5971 according to the map thereof
recorded on (a4-6hec a 261T? , in Volume $2 of Plats
at Pages Z g } ?-!R 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. 5971, hereinafter
together referred to as the "Map," requires the provision and maintenance of a second point of
emergency vehicle access by the Fire Department to serve the Map; and
WHEREAS, the Covenantor and the City of Fresno (City) desire to enter into an agreement
providing facilities for such second point of emergency vehicle access.
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 for
Emergency Vehicle Access Facilities
Tract No. 5971
Page 3
Statement of Covenants 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 portions of the Subject Property, more particularly
described and graphically delineated in the attached Exhibit A, shall be used for emergency
vehicle access facilities purposes to provide a second point of access for emergency services
to and for the benefit of the Map. The Covenantor agrees to construct and maintain the
emergency vehicle access facilities (including but not limited to all-weather surface, 'crash
gates', by-pass locks, etc.) on the Subject Property 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. The Covenantor shall restrict public access across the Subject
Property during the term of this instrument.
2. The emergency vehicle access facilities shall be constructed to conform to the
improvement plans prepared at the Covenantor's expense and approved by the Fire Chief and
the City Engineer. The design of the emergency vehicle access facilities, including any related
improvements and work, shall conform to Public Works standard specifications and
specifications for its intended use and for Fire Department apparatus. The work shall be
constructed pursuant to a Street Work Permit issued by the Public Works Department.
3. This Statement of Covenants 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.
4. 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, it's employees and agents harmless from and against any
and all injuries to and deaths of persons, and all claims, demands, costs, loss damage and
Statement of Covenants for
Emergency Vehicle Access Facilities
Tract No. 5971
Page 4
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 emergency vehicle access 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 emergency vehicle access facilities and other improvements thereon and therein.
5. The conditions of this Statement of Covenants are intended to benefit the Map, the
Subject Property, public and public properties. Accordingly, it is agreed the City shall have the
right to enforce this Statement of Covenants 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.
6. The foregoing conditions and obligations of this Statement of Covenants shall remain in
full force and effect until such time as the Public Works Director and the Fire Chief issue a
written release of such conditions and obligations and records such release with the Fresno
County Recorder. The Covenantor agrees to reimburse the City for reasonable costs
associated with the preparation and recordation of said release.
7. 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
Statement of Covenants for
Emergency Vehicle Access Facilities
Tract No. 5971
Page 5
party in anticipation of and/or during the course of litigation, whether or 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.
8. 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 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.
9. The provisions of this Statement of Covenants 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 of Covenants so requires, in interpreting this Statement
of Covenants, any gender includes the other genders, the singular includes the plural, and the
plural includes the singular.
S
Statement of Covenants for
Emergency Vehicle Access Facilities
Tract No. 5971
Page 6
DATED: UCUS'r Zg", 2-01-7
CITY OF FRESNO, COVENANTOR:
a Municipal Corporation
WILSON PREMIER HOMES, INC.
Fire Department A California Corporation
By: By:
Kerri Donis, Fire Chief Leo A. i n, President
APPROVED AS TO FORM:
DOUGLAS T. SLOAN (Attach Notary Acknowledgment)
City Attorney
i
By:
Ma aterman-Doidge
uty City Attorney
Date-.- 8 Q3-4 7
`P
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 July 25, 2017, before me, DENISE MELKONIAN, notary public personally appeared LEO A.
WILSON, 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.
DENISE MELKONIAN
NotaryPublic-California Z
Fresno County
Commission#2180034
S ignatu (Seal) My Comm.Expires Feb 12,2021
1
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 August 28, 2017 before me, Cherisea Barnes, Deputy City Clerk, personally appeared, Kerri
Donis, Fire Chief, Department of Fire 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 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
YVONNE SPENCE, CMC
City Clerk, City of Fresno OF R��B
$ .
�q �
lb
By
Deputy �oCd• /16-1
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on TU Ly u/ 3, 20i7 , in the office of the Fresno County Recorder
as Document No. 2-0/7 -00k(�ole/Z of which the Deed of Trust in by and between:
(,,/l-S ON P/LEy,a, Hd�/NG_, A Gizzag wI4 lGmadzzu as Trustor,
0 C b 61 E U Lic 2Z 7Ze C as Trustee,
and 64 S:91m 9 AIAommoc. ASS dc/ o ffa nrG l: CA ^AXilas Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Statement of Covenants Affecting Land Development for Emergency Vehicle Access
Facilities for the Final Map of Tract No. 5971.
DATED: 7
BENEFICIARY (), S.g4NIC iy q tau rC gSS'Oo47-10,y
dl/ 1, /fGOtiNG 6h°rA2 01h)OANY
By:
Name:
Title: >VLJ
—ate
By:
Name:
Title:
(attach Notary Acknowledgment)
ACKNOWLEDGMENT
rot y lililie'or.p l er c�fficei:eotiipletin this
certificate .veiifizs oiily
Y:10 -:t 10
uciiviclial �vlio._siave;cTtlie:cloc.iiieutto. wliieli>tlis,
cettlficate.is atta.ell—e'd aiid`nbt the atitli ffliess.
acetufacy; or=vaiidity
STATE OF CALIFORNIA
COUNTY OF FRESNO
On July 25, 2017, before me, Adrianna Altamirano, a Notary Public, personally
appeared Carl F. Swanson who proved to me on the basis of satisfactory evidence to be the
person(s) whose n.ame(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.
Signature
[SEAL]
ADRIANNA ALTAMIRANO
Notary Public -California s
Fresno County =
Commission 0 2171735
a
my Comm.Wires Nov 13.2020
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Outlot A of Tract No. 5971, according to the map thereof,recorded in Volume's?
of Plats at Pages'Li',through Zg Fresno County Records, lying in the Southeast quarter of the
Northwest quarter of Section 23, Township 13 South, Range 21, Mount Diablo Base and Meridian,
in the City of Fresno, County of Fresno, State of California, described as follows:
COMMENCING at the Southeast corner of said Outlot A. thence South 89°58'48" West, along
the South line of said Outlot A, a distance of 81.27 feet to the TRUE POINT OF BEGINNING;
Thence, South 89°58'48" West, continuing along the South line of said Outlot A, a distance of
20.00 feet; thence North 00°00'41" West, a distance of 24.08 feet to a point on the Northeasterly
line of said Outlot A, said point being the beginning; of a 225.00 foot radius non-tangent curve
concave Northeasterly, a radial to said beginning bears South 26°43'39" West; thence
Southeasterly, along the Northeasterly line of said Outlot A, along said curve, through a central
angle of 05034'30", an arc distance of 21.89 feet; thence South 00°00'41" East, a distance of 15.19
feet to the TRUE POINT OF BEGINNING.
Containing 389 square feet, more or less. LAN/)
D/ 06
O 0
a
L.S1. 277
Dixon&Associates,Inc.—WO#16-082/5971
Page I of 1
1�
\ XHIBIT "A"
® INDICATES AREA TO BE DEEDED TO THE CITY OF FRESNO \
FOR EMERGENCY VEHICLE ACCESS EASEMENT PURPOSES.
AREA: 389 SQUARE FEET
OWNER: NORVAL L.P.
APN: 310-280-58 \
`s. YYY ING'
3 . 4
31;?7. (99, (�
�zs
00.
OUTLOT A a
3
_m
d
6
o SCALE: 1" = 10'
0
p W
2
TRUE POINT OF
0 BEGINNING.
0
0
81.27'
20.00'
589'S8'48'W
i
POINT OF COMMENCEMENT:
L�(� THE SOUTHEAST CORNER OF
OUTLOT A OF TRACT No. 5971. iZ�j n
i
TFACi No. 5 31S PECORJED I\� VOLuV� 80 OF PLATS A i =A,:ES 8'2 AND Lo,3. =R=SJO COUNTv: U
n;DS.
I
�L LANO
0
P.L.S. 2
0' 10' 20' 30' 1
C A1-�E�Ei
PREPARED BY: DATE:April 10, 2017
SCA-E: 1' = 10,
PORTION OF OUTLOT A OF TRACT No. 5971 DIXON & ASSOCIATES. INC. WO. 16-082R/ 5971
RECORDED IN VOLUME 1-9 OF PLATS AT PAGES LAND SURVEYING
REVISIONS:
2-9 THROUGH T9, FRESNO COUNTY RECORDS,
TO BE DEEDED TO THE CITY OF FRESNO FOR 620 DEWITT, #101 =
EMERGENCY VEHICLE ACCESS EASEMENT CLOVIS, CALIFORNIA, 93612 DRAWING NO.
PURPOSES. PH: (559)297-4200 FAX: (559)297-4272 1
OF 1 SHEETS
IZ