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Home My WebLink AboutPM 2003-36 - Agreement/Covenant - 9/9/2005 WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street 09/09/200520050110819 Fresno, Ca 93721-3603 - NO FEE -Government Code 6103 CITY OF FRESNO Planning and Development Department O IL JAF: 601 West Univision Plaza Z 677, 711, 777, 780, 782, 784, 786, 790, 799 West Palmdon Drive VAPN: 407-031-27 (PM 2003-36) W a W .j L3. STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO ESTABLISH WEST PALMDON DRIVE AND WEST UNIVISION PLAZA AS PRIVATE STREET NAMES FOR OFFICIAL ADDRESSING PURPOSES a� E Statement of Covenants Private Street Name for Official Addressing Purposes West Palmdon Drive and West Univision Plaza 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 as: Parcels A through F, inclusive, of Parcel Map 2003-36 according to the map thereof recorded in Book of Parcel Maps at Page(s) 13 J- I q Fresno County Records; and WHEREAS,the City established the private street name of West Palmdon Lane with the recording of Document No. 2004-0245950 on November 1, 2004, Fresno County Records, and assigned official address numbers based on said private street name within the Subject Property; and WHEREAS, the Covenator has requested the City to change the suffix of said West Palmdon Lane to West Palmdon Drive, to establish a new private street name at a point coincidental with the east terminus of the proposed West Palmdon Drive and to change the official address numbers to coincide with such proposed changes within the Subject Property; and WHEREAS, the provisions of Section 12-1302(e) of the Fresno Municipal Code autho`izes the Director of the Planning and Development Department(Director)to approve Statement of Covenants Private Street Name for Official Addressing Purposes West Palmdon Drive and West Univision Plaza Page 3 address numbers on private streets for placement into the City of Fresno Official Addressing System; and WHEREAS, the private street names, PALMDON and UNIVISION, requested by Covenantor conform to the provisions of FMC Section 12-1105(b); and WHEREAS, the Covenantor and the City of Fresno desire to enter into an agreement for the express purpose of establishing private street names to enable issuing official address numbers using such private street names. 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 private street names to enable issuing official address numbers using such private street names within the Subject Property. 2. , The Covenantor agrees that the centerline alignment of the private street (West Palmdon Drive) and the point coincidental with the east terminus of such private s&et" (West Univision Plaza), shall be as described in Exhibit 'A,' attached r .ywi `ira: r Statement of Covenants Private Street Name for Official Addressing Purposes West Palmdon Drive and West Univision Plaza Page 4 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 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 Drive" along the alignment described in said Exhibit 'A' and the private street name of "West Univision Plaza" at the point coincidental with the east terminus of the alignment described in said Exhibit'A.' 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. The recording of this Covenant releases the obligations and conditions set forth in Document No. 2004-0245950 recorded on November 1, 2004, Fresno County Records. 7. 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. 8. 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 Statement of Covenants Private Street Name for Official Addressing Purposes West Palmdon Drive and West Univision Plaza Page 5 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 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. 9. 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. 10. 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. 11. The provisions of this 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 Drive and West Univision Plaza Page 6 DATED: UCUST ZSR Za6_r" 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, Ltd., a California Corporation, it's sole member By: Michael A. Schuh, APPROVED AS TO FORM: President HILDA CANTO-MONTY City Attor y By: Daniel D. Kuniyoshi, By Chief Financial Officer Deputy ATTEST: (Attach Notary Acknowledgment) In REBECCA E.�KLISCH, CMC� `�� City Clerk _ ..;� o, By *,Cu� Deputy Z' K:\Street Name ChangeslPALMDON private street name\PALMDON UNIVISION private street names revised covenant for PM revO8-08-05.wpd 3)eA - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Fr "�D On AiAC.,si- �k ,'2305 before me, S1 R-^ M• gcny,i xn _ Ookarti Rt6li c_ , Date Name and Title of Officer(H.,"Ane Doe,Notary P lic") personally appeared /t/1 G�a� S - h , Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence ',•�"�0`ME,r STEVEN M.YOUNG to be the person(s) whose name(s) is/are 1 COMM.#1466428 subscribed to the within instrument and s NOTARY PUBLIC-CALIFORNIA N acknowledged to me that he/she/they executed FRESNO COUNTY $ the same in his/her/their authorized "WOM My Comm.Exp.Jan.29,2M . 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. WITNESS my handandofficial seal. Signature o;r Public OPTIONAL Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of �r�S►, On /61W tASA 0 .200 before me, Sie\1-� M i Ouvno . M044 'y f)k6►C Dae 1� Name and Title of Officer(e. .,'Jane Doe,Notary P lic-) personally appeared TI)Covn ie–C 3)• Name(s)of igner(s) K personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are '"�N'4•. STEVEN M,XQUNG subscribed to the within instrument and COMM.#1466428 acknowledged to me that he/she/the executed NOTARY PULIC B -CAuFORNM -0 9 Y FRFSIi0C0UNiY cc the same in his/her/their authorized , MpConpn.Ezp.lan.29,2008 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. WITNESS my hand and official seal. Signature o Lary 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. } Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)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: ®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 August 25,2005, 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. IQ ISCH, CMC CITY CLERK By Deputy, �, A6gust2552905(4:49pm) � . r•r y k y ^' Exhibit "A" 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°17'58" 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 89017'5 8" 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��rEssio�i HO �� No.30501 L•.i Exp.3/31/ F Ct��1F� F:\2003\03-277\Word Docs\LGL-PRI-RD.doc