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Home My WebLink AboutPM 2003-36 - Agreement/Covenant - 2/8/2006 WHEN RECORDED MAIL TO: City Clerk City of Fresno 111011004045950 2600 Fresno Street Fresno, Ca 93721-3603 NO FEE-Government Code 6103 CITY OF FRESNO Planning and Development Department PROJECT ID: PALMDON (private Street Name w/addressing) C-03-38 and C-03-205 C0R3 JAR 6720 N Palm Avenue tJ 6730 N Palm Avenue 6740 N Palm Avenue 6782 N Palm Avenue LU APN: 407-031-27 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO ESTABLISH WEST PALMDON LANE AS A PRIVATE STREET NAME FOR OFFICIAL ADDRESSING PURPOSES Statement of Covenants Private Street Name for Official Addressing Purposes West Palmdon Lane Page 2 RECITALS WHEREAS, PALM AND HERNDON, LLC, a California Limited Liability Company, hereinafter collectively and individually, where applicable, shall be jointly designated and 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 in the attached Exhibit "A;" and WHEREAS, the Covenantor has requested that the City approve a private street name for the purpose of issuing official address numbers within the limits of the Subject Property for the development approved by the City pursuant to Conditional Use Permit Nos. C-03-38 and C-03-205 and any amendments thereto,hereinafter referred to as"CUP" and incorporated into this covenant by this reference; and WHEREAS, the approved access to the Subject Property is from North Palm Avenue and a private vehicle access way shown on the CUP; and WHEREAS, the provisions of Section 12-1302(e) of the Fresno Municipal Code authorizes the Director of the Planning and Development Department(Director)to approve address -numbers on private streets for placement into the City of Fresno Official Addressing System; and WHEREAS, the private street name, PALMDON, requested by Covenantor conforms to the provisions of FMC Section 12-1105(b); and t. Statement of Covenants Private Street Name for Official Addressing Purposes West Palmdon Lane Page 3 WHEREAS, the Covenantor and the City of Fresno desire to enter into an agreement for the express purpose of establishing a private street name to enable issuing official address numbers using such private street name. 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 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 this covenant is limited to, and for the express purposes of; establishing a private street name to enable issuing official address numbers using such private street name within the Subject Property. 2. The Covenantor agrees that the centerline alignment of the private street shall be as graphically shown on the CUP exhibits and more particularly described in Exhibit 'B,' attached hereto and made a part of this covenant. 3. Covenantor agrees that the costs to provide, install and maintain the private street name signs is the responsibility of the Covenantor. 4. Covenantor agrees that the private street name signs specifications related Statement of Covenants Private Street Name for Official Addressing Purposes West Palmdon Lane Page 4 to, but not limited to size, text, color, material, and placement shall be as approved by the City Engineer. 5. The recording of this Covenant establishes the private street name of"West Palmdon Lane" within the Subject property along the alignment described in Exhibit 'B'. Covenantor agrees that such alignment is the basis for the issuance of official address numbers by the City and that such alignment or private street name shall not be modified without the express approval of the City and the recording of an amendment to this covenant. 6. Covenantor agrees that all existing official addresses issued on the Subject Property shall be changed (pursuant to the City's official address change process) to utilize new official address numbers issued by the City based on the approved private street name, except for those existing developments with official addresses.from North Palm Avenue which have direct access to North Palm Avenue. All required official change of address requests and processing fees shall be filed prior to the recording of this covenant. 7. 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 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 Statement of Covenants Private Street Name for Official Addressing Purposes West Palmdon Lane Page 5 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. 8. 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 agent violate the terms hereof. Nothing in this covenant is intended to create any rights to third party beneficiaries. 9. The foregoing conditions and obligations of this Statement shall remain in full force and effect until such time as the Director issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 10. The provisions ofthis 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. Statement of Covenants Private Street Name for Official Addressing Purposes West Palmdon Lane Page 6 DATED: ( o CITY OF FRESNO, COVENANTOR a Municipal Corporation PALM AND HERNDON, LLC NICK P. YOVINO, Director a California Limited Liability Company Planning and Development Department By: The Kashian Group, Limited a California Corporation 1 w Edward M. Kashian, CEO APPROVED AS TO FORM: HILDA CANTO-MONTY City Attorney �� (Attach Notary Acknowledgment) By , Deputy ATTEST: " K%Current Land Division Masters\PRIVATE STREEfS\Covenant Private Street REBECCA E'KLISCH,,,C:MC PALMDONA0-11.04.wpd City Clerk _ C Bv_706 £' - Deputy s % - N - EXHIBIT "B" CENTERLINE OF PRIVATE ROAD COMMENCING AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 13 SOUTH, RANGE 20 EAST; THENCE SOUTH 01'05'00" WEST ALONG THE WEST LINE OF SAID SECTION 4, A DISTANCE OF 511.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89'1758" EAST, A DISTANCE OF 278.54 FEET; THENCE NORTH 00042'02" EAST, A DISTANCE OF 147.78 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE SOUTHEAST WITH CENTER POINT BEARING SOUTH 89017'58" EAST A RADIUS OF 148.17 FEET, THROUGH A CENTRAL ANGLE OF 90000'00" AN ARC LENGTH OF 232.74 FEET; THENCE SOUTH 89017'58" EAST, A DISTANCE OF 887.45 FEET; THENCE SOUTH 00042'02" WEST, A DISTANCE OF 32.00 FEET TO THE POINT OF ENDING. Q�Q'r ESS H �F.r No.30501 Exp.3/31/ fVt �•. F Cia'��FQ4. F:\2003\03-277\Word Docs\LGL-PRI-RD.doc EXHIBIT "A" THE LAND DESCRIBED AS FOLLOWS: LOT 11 AND THE NORTH HALF OF LOT 10 OF BULLARD LANDS IRRIGATED SUBDIVISION No. 1, N SECTION 4, TOWNSHIP 13 SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN, N THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED N BOOK 9,PAGE 2 OF RECORD OF SURVEYS,FRESNO COUNTY RECORDS. EXCEPTING THEREFROM THE NORTH 186 OF SAID LOTS 10 AND 11, ALSO EXCEPT THE WEST 40 FEET OF THE NORTH 300 FEET OF SAID LOT 11; ALSO EXCEPTING A TRIANGULAR PARCEL OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 186 FEET SOUTH OF THE NORTH BOUNDARY AND 40 FEET EAST OF THE WEST BOUNDARY OF SAID LOT 11; THENCE SOUTHERLY, 40 FEET FROM AND PARALLEL WITH SAID WEST BOUNDARY,35 FEET;THENCE NORTHEASTERLY TO A PONT WHICH IS 193 FEET SOUTH OF SAID NORTH BOUNDARY AND 70 FEET EAST OF SAID WEST BOUNDARY; THENCE NORTHEASTERLY TO A POINT WHICH IS 186 FEET SOUTH OF SAID NORTH BOUNDARY AND 140 FEET EAST OF SAID WEST BOUNDARY;THENCE WESTERLY, 186 FEET FROM AND PARALLEL WITH SAID NORTH BOUNDARY TO THE POINT OF BEGINNING. FOR THE PURPOSE OF THIS DESCRIPTION THE NORTH BOUNDARY OF SAID LOTS 10 AND 11 AND THE WEST BOUNDARY OF SAID LOT 11 IS ASSUMED TO BE THE NORTH, WEST AND EAST BOUNDARIES OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 13, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN; ALSO EXCEPTING FROM SAID LOT 10 THAT PORTION LYING EAST OF THE EAST RIGHT OF WAY LINE OF NORTH COLONIAL AVENUE,AS SAID NORTH COLONIAL AVENUE IS SHOWN IN TRACT No. 2822,ACCORDING TO THE MAP THEREOF RECORDED N BOOK 31,PAGE 33 OF PLATS,RECORDS OF SAID COUNTY, SAID LINE BEING A DISTANCE OF 1109.04 FEET,MORE OR LESS,WEST OF THE EAST LINE OF LOT 7 OF SAID BULLARD LANDS IRRIGATED SUBDIVISION No. 1, BEING MORE PARTICULARLY DESCRIBED N THE DEED TO THE FRESNO METROPOLITAN FLOOD CONTROL DISTRICT RECORDED JULY 28,1978,N BOOK 7084 PAGE 313 OF OFFICIAL RECORDS DOCUMENT No. 82234. ALSO EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF OF ALL THE MINERALS, GAS, OILS, PETROLEUM,NAPTHA AND OTHER HYDROCARBON SUBSTANCES IN, ON OR UNDER SAID PARCEL, AS RESERVED N THE DEED FROM SECURITY FIRST NATIONAL BANK OF LOS ANGELES, A NATIONAL BANKING ASSOCIATION, TO W.E. ROBERTS AND CLARICE ROBERTS, HIS WIFE, AS JOINT TENANTS, DATED NOVEMBER 15, 1940, RECORDED DECEMBER 19, 1940 AS DOCUMENT No. 37544. r^ c' Poo. 30501 Exp.3 r' ? �r CI � 1• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On Oci 1 -, ?0 7-004 before me, S� �v� M• o��Q . ►�c±�ary �� 1i c Dated and Title of Office e.g.,"Jane Doe,N tary Public") personally appeared IR Aw'I'A Name(s)of Signer(s) impersonally known to me ❑ proved to me on the basis of satisfactory evidence ) STEVEN M.YOUNG to be the person('whose name(s) is/efee- COMM. #1466428 ao subscribed to the within instrument and cc NOTARY PUBLIC-CALIFORNIA rn acknowledged to me that he/staek+iey executed FRESNO COUNTY My Comm.Exp.Jan.29,2008 the same in his/het�their authorized uroax�� capacity(ioc4, and that by his/herf heir signature(,s'on the instrument the person(eror the entity upon behalf of which the personW- acted, executed the instrument. WITNESS my hand and official seal. Signature of ary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Descri •on of Attached Document Title or Type of D ment: Document Date: Number of Pages: Signer(s)Other Than Named Above. Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ) ❑ Corporate Officer—Title(s): ) ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association•9350.De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On November 1, 2004, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Nick P. Yovino, Planning and Development Director, known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) 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(s) the person(s), or the entity upon behalf of the City of Fresno of which the person(s) acted, executed the instrument. WITNESS my hand and official City Seal. REBECCA E. KL ISCH, CMC CITY CLERK By J Deputy i Novemberfl,2004(10:30am) V w