HomeMy WebLinkAboutT-6110 - Agreement/Covenant - Emergency Vehicle Access Facilities - 10/4/2017 ,
RECORDING REQUESTED BY AND IIII III I IIII II 11111111
IN I 111111111 I111111111
WHEN RECORDED MAIL TO: FRESNO County ReC01'del'
Paul Dictas, C.P.A.
City Clerk
City of Fresno DOC— 2017-0127910
2600 Fresno Street acct 8002-Old Republic Title CONCORD
Fresno, Ca 93721-3603 Wednesday, OCT 04, 2017 08:00:00
Tt 1 Pd $93.00 Rcpt # 0004859058
RGRIR5t3-13
NO FEE-Government Code 6103
CITY OF FRESNO
Fire Department
P.W. File No. 12130
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR EMERGENCY VEHICLE ACCESS
FACILITIES FOR THE FINAL MAP OF TRACT NO. 6110
Statement of Covenants for
Emergency Vehicle Access Facilities
Tract No. 6110
Page 2
RECITALS
WHEREAS, FOWLER DEVELOPMENT COMPANY, 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 C of the Final Map of Tract No. 6110 according to the map thereof
recorded on in Volume Rr? of Plats
at Pages 3b -1-A I 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. 6110, 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
12
Statement of Covenants for
Emergency Vehicle Access Facilities
Tract No. 6110
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
I
3
Statement of Covenants for
Emergency Vehicle Access Facilities
Tract No. 6110
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. 6110
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.
Statement of Covenants for
Emergency Vehicle Access Facilities
Tract No. 6110
Page 6
DATED: l 1
CITY OF FRESNO, COVENANTOR: -
a Municipal Corporation
FOWLER DEVELOPMENT COMPANY, INC.
Fire Department A California Corporation
i By.
Kerri Donis, Fire C ie President
APPROVED AS TO FORM:
DOUGLAS T. SLOAN (Attach Notary Acknowledgment)
City Attorney
By:
61 Toaterman-Doidge
puty City Attorney
a y
Date:
b
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 11, 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 F
G`tl qFs
* o
s
P�'PIrE-D -
By�����
Deputy q• i�'(�
7
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 August 10, 2017 before me, Madelyn Cuellar, Notary Public
(insert name and title of the officer)
personally appeared Darius Assemi
who proved to me on the basis of satisfactory evidence to be the person(&).whose name(s) is/afa
subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in
his/her heir authorized capacity", and that by his,�,�,,t'e;, signature(4)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.
- - - - - - - - - - - - - - - - - - - -
MAOELYN CUELLAR
WITNESS my hand and official seal. APM Commission 2103017
Notary Public-California
Fmno County
Comm. res Mar 13,2019
Signature (Seal)
g
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on May 13, 2014 in the office of the Fresno County Recorder
as Document No. 2014-0053361-00 of which the Deed of Trust in by and between:
Fowler Development Company, Inc. as Trustor,
Old Republic Title Company
as Trustee,
and Locans Investments, LLC , as 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. 6110.
DATED: 8 - 1 O -
Ley i�v�S`TiYlc�vi T', LCC
NEFIC RY
By: ,
Name: Farid Assemi
Title: President
By:
Name:
Title:
(attach Notary Acknowledgment)
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 August 10, 2017 before me, Madelyn Cuellar, Notary Public
(insert name and title of the officer)
personally appeared Farid Assemi
who proved to me on the basis of satisfactory evidence to be the person(&)whose name( is/aRe-
subscribed to the within instrument and acknowledged to me that heishe/the executed the same in
his/4et{ftir authorized capacity(aea), and that by his/hierA#h r signature(s4 on the instrument the
person(e), 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.
MADEL�YN CUEILAR
WITNESS my hand and official seal. Connndalon 12103017
Notary Public-California
Rau County
Mv Comm Mar 13,2019 r
Signature �a/1 (Seal)
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on September 14, 2015 , in the office of the Fresno County Recorder
as Document No. 2015-0118377-00 of which the Deed of Trust in by and between:
Fowler Development Company, Inc. as Trustor,
Old Republic Title Company
as Trustee,
and Locans Investments, LLC , as 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. 6110.
DATED:
BENEFICIARY �OC/��v,S /NI/ES7"MF_NT�� GGG
By:
Name: Darius ssemi
Title: Member
By:
Name:
Title:
(attach Notary Acknowledgment)
Il
K........1-3-7..
Califomia All-Purpose Certificate of 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 clocurrE
State of California f.
County of Cre--,Y)n3 S.S.
OnAuoust before me, L) KO
Name of Notary Public.Title i
personally appeared 4.r i us Xssf-wif
Nerne of Signer(1.)
�Pftmv-8r=gner(2)
who proved to me on the basis of satisfactory evidence to be the personX whose name(,K
is/ape subscribed to the within instrument and acknowledged to me that helsOn/i4ey executed
the same in his/jier/tfj&authorized capacity(Qsl, and that by his/,�. /tla&r signature*) on the
instrument the personW, or the entity upon behalf of which the persow acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws ERIKA PELM-ro,
PEI
of the State of California that the foregoing paragraph is I
COMM. #2177552 x
true and correct. 0 Notary Public-California
Z Fresno County
WITNESS my hand and official seal. My Comm.Expires Dec.30,20201
Seal
Signature ofVar)J Public
OPTIONAL INFORMATION
Although the infoni7ation in this section is not required by low, it could prevent fraudulent remova! reattachment of
111OV19, d
this acknowlaJament to an unauthorized document and may prove useful to persons relying the attached document.
7
"r, t;lcait-
Description of Attached Document "is" 9. 40"
5
The preceding Certificate of Acknowledgment is attached to a Met��d of Signer Identification
document titled/for the purpose of Proved to me on the basis of satisfactory evidence:
E]form(s)of identification 0 credible witness(es)
containing pages, and dated Notarial event is detailed in notary journal on:
The signer(s)capacity or authority is/are as: Page#_ Entry#_
❑ Individual(s) Notary contact:
E] Attomey-in-fact
El Corporate Officer(s) Other
Titles) E] Additional signer El Signer(s)Thumbprints(s)
El
El Guardian/Conservator
E Partner-Limited/
eral
0 Trustee(s)
T
E0
l Other:
repres ing:
Namets)olf,PersonfSj Enl&..,foes)Signer is Pepremnting
Q
You C811 purchase copies of this form morn Our website at wkvj.TheNotarysSlore.com
-)'0 21(09-2015 Notary Learning Center-Al Rights Reserved
EXHIBIT "A"
N
SCALE: 1'
?I 2
ZI
N I O± ro rF O
m
C,� G�
3'
Z I 20':EVA
EAST BIBI DRIVE
101—
EAST
0'EAST
PRINCETON _ _ 59 60
AVENUE
� i
7/20/17
REF. do REV. CITY OF FRESNO
DEPARTMENT OF.PUBUC WORKS
A PORTION OF TRACT NO. 6110 FOR DR. BY: e. diAmmm SHEET NO. 1
EMERGENCY VEHICLE ACCESS PURPOSES CH DATEE:: OF ) SHEET
SCALE: AS NOTED 15-A-.
j3