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HomeMy WebLinkAboutPM 2008-05 - Agreement/Covenant - 2/5/2009 WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street 02/05/200g�Z0@90015364 Fresno, CA 93721-3603 2009__.___ NO FEE-Government Code 6103 CITY OF FRESNO ZPlanning and Development Department V PROJECT ID: North Blattella Lane and East Avigation Way W (private Street Names w/addressing) Q APN: 493-020-18S and 493-061-01S through 13S Lu J CL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO ESTABLISH NORTH BLATTELLA LANE AND EAST AVIGATION WAY AS A PRIVATE STREET NAME FOR OFFICIAL ADDRESSING PURPOSES Statement of Covenants Private Street Name for Official Addressing Purposes North Blattella Lane and East Avigation Way Page 2 RECITALS WHEREAS, JB DEVELOPMENT, LLC, A California Limited Liability Company and AUSTIAJ LIMITED PARTNERSHIP, A California Limited Partnership, hereinafter 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 of Fresno ("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 Site Plan Review Application No. S-07-104 and any amendments thereto, hereinafter referred to as "Site Plan" and incorporated into this covenant by this reference; and WHEREAS, the approved access to the Subject Property is from East Dakota Avenue and a private vehicle access way shown on the Site Plan; 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 names, North Blattella Lane and East Avigation Way, requested by Covenantor conforms 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 a private street name to enable issuing official address numbers using such private street name. Statement of Covenants Private Street Name for Official Addressing Purposes North Blattella Lane and East Avigation Way Page 3 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 Site Plan exhibits and the attached Exhibit 'C,' and as described in the attached 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 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 names of "North Blattella Lane and East Avigation Way" within the Subject property along the Statement of Covenants Private Street Name for Official Addressing Purposes North Blattella Lane and East Avigation Way Page 4 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 names. All required official change of address requests and processing fees shall be filed prior to the recording of this covenant. 7. The City, its officers, officials, employees, and volunteers 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. To the furthest extent allowed by law, Covenantor does hereby agrees to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not lirnited to personal injury, death at any time and property damage) incurred by City, Covenantor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of any work performed on, in or adjacent to the Subject Property or in or upon street rights-of-way, relating to the terms of this Covenant, by the Covenantor or any of his/her/its principals, officers, employees, agents, volunteers, consultants, engineers, subcontractors, vendors, suppliers, invitees or anyone employed directly or indirectly by any of them. Covenantor's obligations Statement of Covenants Private Street Name for Official Addressing Purposes North Blattella Lane and East Avigation Way Page 5 under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole_negligence or willful misconduct of the City of any of its officers, officials, employees, agents or volunteers. 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. In the event that litigation is instituted to enforce or interpret any provision of this Statement, the parties agree that the prevailing party shall be paid reasonable attorney's fees, costs and litigation expenses. 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 North Blattella Lane and East Avigation Way Page 6 DATED: FFUIWA2; y4 2e3jq CITY OF FRESNO, COVENANTOR a Municipal Corporation JB DEVELOPMENT, LLC, Planning and Development Department A California Limited Liability Company Fvvc s7mfAt rvsv� By: By: Keith Bergthold, Interim Director rad Koach, vice PQF s rOc'HT- AUSTIAJ LIMITED PARTNERSHIP, A California Limited Partnership i` APPROVED AS TO FORM: JAMES C. SANCHEZ / City Attorney By:_ Pooroushasb Parineh, General Partner (J41 By: '� John W. Fox Deputy City Attorney Date: Attach Nota Acknowledgments) � ►Y 9 ) ACKNOWLEDGMENT State of California County of On :, ,a4y Z ZOO-1 before me, (insert name and title of the officer) personally appeared d�YG�G�' ��.�C!li� CbY'OUSf�C�Sh 42l'I✓4 1efn , 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. FRANCISCO EtRwARe NOOM Pubic-CdMornio Froa10 County My Comm.Explrl9a Jul 23,2010 Signatu �x�/ (Seal) 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 G Title or Type of Document: Document Date: ///�S�Q d Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact • El Trustee LJ Trustee Top of thumb here Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 0 2006 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 CITY'S CERTIFICATION STATE OF CALIFORNIA) COUNTY OF FRESNO ) On February 4, 2009 before me, Elvia Sommerville Deputy City Clerk personally appeared, Keith Bergthold, Interim Director proved to me on the basis of satisfactory evidence to be the persons(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(s) 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. REBECCA E. KLISCH, CMC CITY CLERK, City of Fresno /* O 0 a �q"reo 0stl By: DEPUTY K:\STREET NAME CHANGES\PRIVATE STREETS\BLATTELLA AND AVIGATION\BLATTELLA-AVIGATION COVENANT FOR PRIVATE STREET.DOC EXHIBIT "A" The land referred to herein below is situated in the City of Fresno, County of Fresno, State of California and is described as follows: Parcels A,B,C,D,E,F,G,H,I,J,K,L,M and N, inclusive, of Parcel Map No. 86-05, in the City of Fresno, County of Fresno, State of California, according to the map recorded in Book 46 Pages 12, 13 and 14 of Parcel Maps, in the office of the County Recorder of said County. EXCEPTING THEREFROM all oil, gas and other hydrocarbons and minerals therein and thereunder, as reserved in the Deed from Bank of America National Trust and Savings Association, dated March 26, 1941 recorded April 12, 1941 in Book 1877 Page 308 Official Records of Fresno County, document No. 13437. By Quitclaim Deed recorded April 3, 1959 in Book 4202 at Page 428 Official Records, of Fresno County, document No. 24675, Capital Company released and surrendered Easements and rights reserved in conjunction with said minerals on the above described land from the surface and for a distance of not more than 500 feet below said surface. TOGETHER WITH Parcel F of Parcel Map No. 84-33, in the City of Fresno, County of Fresno, State of California, according to the map recorded in Book 42 Page 57 of Parcel Maps, in the office of the County Recorder of said County. EXCEPTING THEREFROM all oil, gas and other hydrocarbons and minerals therein and thereunder, as reserved in the Deed from Bank of America National Trust and Savings Association, dated March 26, 1941 Recorded April 12, 1941 in Book 1877 Page 308 Official Records, Document No. 13437, by Quitclaim Deed recorded April 3, 1959 in Book 4202 Page 428 Official Records, Document No. 24675, Capital Company releases and surrendered easements and rights reserved in conjunction with said minerals on the above described land from the surface and for a distance of not more than 500 feet below said surface. CADocuments and Settings\JonB.fresno\Local Settings\Temporary Internet Files\Content.Outlook\5GDT58RF\07300LGL-EX PAR.doc EXHIBIT "B" STREET CENTERLINE NORTH BLATTELLA LANE That certain line situate in Parcel N as shown on Parcel Map No. 86-05, recorded in Book 46 of Parcel Maps at Pages 12-14, Fresno County Records, being more particularly described as follows: COMMENCING at the Southeast corner of Parcel F of Parcel Map No. 84-33, recorded In Book 42 of Parcel Maps at Page 57, Fresno County Records, as shown on said Parcel Map No. 86-05; thence South 89°53'00" East, along a line parallel with and 40.00 feet North of the South line of the Northeast quarter of Section 19, Township 13 South, Range 21 East, Mount Diablo Base and Meridian, a distance of 30.00 feet to the TRUE POINT OF BEGINNING; thence North 00°00'48"West, parallel with and 30.00 feet East of the West line of Parcel N of said Parcel Map No. 86-05, said line also being the East line of Parcel F of said Parcel Map No. 84-33, a distance of 510.03 feet to the beginning of a tangent curve, concave to the Southeast, having a radius of 200.00 feet; thence Northeasterly along said curve, parallel with and 30.00 feet East of the West line of said Parcel Map No. 86-05, said line also being the East line of Parcel F of said Parcel Map No. 84-33, an arc length of 190.99 feet, through a central angle of 54°42'55"; thence North 54°42'07" East, a distance of 102.78 feet to the beginning of a tangent curve, concave to the Northwest, having a radius of 500.00 feet; thence Northeasterly along said curve, parallel with and 20.50 feet Southeast of the Southeast line of Parcel D of said Parcel Map No. 86-05, an arc length of 304.33 feet, through a central angle of 34°52'46"; thence North 19°49'41" East, a distance of 25.28 feet to the Northerly centerline of Parcel N of said Parcel Map No. 86-05 to the POINT OF TERMINATION of this described line. EAST AVIGATION WAY That certain line situate in Parcel N as shown on Parcel Map No. 86-05, recorded in Book 46 of Parcel Maps at Pages 12-14, Fresno County Records, being more particularly described as follows: COMMENCING at the Northwest corner of Parcel A of said Parcel Map; thence North 86'29'12" East, along the North line of said Parcel A and along the North line of said Parcel N, a distance of 109.77 feet to the beginning of a non-tangent curve, concave to the Northeast, with a radius of 450.00 feet, said point also being the TRUE POINT OF BEGINNING; thence Southeasterly along said curve parallel with and 14.00 feet Northeast of the Southwest line of said Parcel N, through a central angle of 20°01'33" and an arc length of 157.28 feet; thence South 36'05'15"East, parallel with and 14.00 feet Northeast of the Southwest line of said Parcel N, a distance of 108.42 feet to the beginning of a tangent curve, concave to the Southwest, with a radius of 950.00 feet; thence Southeasterly along said curve, parallel with and 14.00 feet Northeast of the C:\Documents and SettingsVonB.fresno\Local Settings\Temporary Internet Files\Content.Outlook\5CDT58Rr\07300LCL-ROAD C L.doe Southwest line of said Parcel N, through a central angle of 7°47'32", an arc length of 129.20 feet; thence South 28'17'43" East, parallel with and 14.00 feet Northeast of the Southwest line of said Parcel N, a distance of 124.23 feet to the beginning of a tangent curve, concave to the Northeast, with a radius of 190.00 feet; thence Southeasterly along said curve, parallel with and 14.00 feet Northeast of the Southwest line of said Parcel N, through a central angle of 41'42'02', an arc length of 138.28 feet; thence South 19°49'41"West, a distance of 1.00 feet to the beginning of a non-tangent curve, concave to the Northeast, with a radius of 191.00 feet; thence Northeasterly along said curve, parallel with and 15.00 feet North of the South line of said Parcel N, through a central angle of 55°12'47", an arc length of 184.06 feet; thence North 54°47'08"East, parallel with and 15.00 feet Northwest of the Southeast line of said Parcel N, a distance of 206.78 feet to a point on the Northeast line of said Parcel N, said point also being the POINT OF TERMINATION of this described line. C:\Documents and Settings\JonB.fresno\Local Settings\Temporary Internet Files\Content.Out1ook\5GDT58RR0730OLGL-ROAD CL.doc SEE SHEET 2 EXHIBIT ao �ti��4 SHEET 1 OF 4 / 3o, ��COO 0� LEGEND: PROPOSED ROAD —/ CENTERLINE \ - - - - - - SEC11ON LINE EXISTING PROPERTY CURVE TABLE / LINE Cl: R=200.00' (200.00' A=54'42'55" (54'53 49") I — — — — EXISTING EASEMENT L=190.99' (191.63') P.O.C. POINT OF COMMENCEMENT 112' 30' 42' T.P.O.B. TRUE POINT :r OF BEGINNING F.C.R. FRESNO COUNTY RECORDS 1 ( ) RECORD DATA PER LO o0 PARCEL MAP NO. 86-05, O •r ... 0i RECORDED IN BK. 46 ,0 W AT PGS. 12-14, F.C.R. 3 00Z ::. z a BASIS OF BEARINGS: ., r? 1 r.` I o Q THE SOUTH LINE OF THE NORTHEAST r o J QUARTER OF SEC. 19, T.13S., R.21E., z W I M.D.B.&M., AS SHOWN ON PARCEL MAP NO. 86-05, RECORDED IN BK. 46 o Imo- OF PARCEL MAPS AT PAGES 12-14, r.j .! o QF.C.R., TAKEN TO BE N89'53'00"W. 00 _ -, :.... 1 0 !� O L LAND r:. O aNP SG �� p C. 1 Z Z �` do 0 a_ 84' INGRESS a AND UTILITY :j No. 8204 EASEMENT PER I = 'z'° Exp. 03-31-09PACEQ MA NOR 84L 33P 1 ( r._.j j TF OF SE COR. 1 I SCALE: 1" = 80' PARCEL F 12 30' 42' PM NO. 84-33 I ' 0 40' 80' 160' 1 SW COR PARCEL N, PREPARED BY: PM 86-05, P.O.C. YAMABE & HORN ENGINEERING, INC. 1300 EAST SHAW AVE., SUITE 176 FRESNO, CA 93710 T.P.O.B. — — �� — -- - - — - - - - - - - N89'53'00"W 2636.56' (N89'53'00"W 2636.39') BASIS OF BEARINGS CENTER 1/4 COR. EAST DAKOTA AVENUE EAST 1/4 COR. SEC. 19-13/21 SEC. 19-13/21 11/07/08....07-300CL EAS 1.dwg LEGEND: EXHIBIT "C" PROPOSED ROAD SHEET 2 OF 4 CENTERLINE EASEMENT LINE — — EXISTING PROPERTY BASIS OF BEARINGS: LINE THE SOUTH LINE OF THE NORTHEAST QUARTER OF SEC. 19, P.O.T. POINT OF TERMINATION T.13S., R.21 E., M.D.B.&M., AS SHOWN ON PARCEL MAP NO. 86-05, RECORDED IN BK. 46 OF PARCEL MAPS AT PAGES F.C.R. FRESNO COUNTY RECORDS 12-14, F.C.R., TAKEN TO BE N89'53'00"W. ( ) RECORD DATA PER PARCEL MAP NO. 86-05, RECORDED IN BK. 46 AT PGS. 12-14, F.C.R. SSE SN \ LINE TABLE L1: N 19'49'41"E 25.28' (S19'58'31"W 26.86') DETAIL "A": N.T.S. 9 L2: N54'42'07"E 102.78' � � (N54'50'57"E 100.98') � \ o� A�Rc P.O.T. 86 1.00' (1.00') \ 06 SEE DETAIL "A" FF PARCEL C — — — — — — — `ry PM 86-05CO 00 W ry(07 C 1 20.50' G N P M cg6 �5 � P CURVE TABLE / Cl: R=200.00' (200.00' A=54'42'55" (54'53 49") L=190.99' (191.63') C2: R=500.00' 500.00'? A=34'52'26 (34'52 26") 4 O P L=304.33' (304.33') / P� LANA / 4' ��' / 4��' �� O C• SGS CL No. 8204 20.50' L Exp. 03-31-09 P OF CpL�F // j PgCES' SCALE: 1" = 80' / Y g6 40' 80' 160' 27.33' SFF S R�' PREPARED BY: YAMABE & HORN ENGINEERING, INC. 1300 EAST SHAW AVE., SUITE 176 FRESNO, CA 93710 11/07/08....07-300CL EAS 1.dwg NW COR T.P.O.B. ^� EXHIBIT "C" P O.CPARCEL A �PD SHEET 3 OF 4 R L1— — — LEGEND: PROPOSED ROAD CENTERLINE EXISTING PROPERTY LINE P.O.C. POINT OF COMMENCEMENT PMbb T.P.O.B. TRUE POINT OF BEGINNING F.C.R. FRESNO COUNTY RECORDS RECORD DATA PER PARCEL MAP NO. 86-05, RECORDED IN BK. 46 AT PGS. 12-14, F.C.R. Vo o�y LINE TABLE L1: N86'29'12"E 109.77' (N86'27'02"E 109.70') CURVE TABLEA��pO� OS \ p L2: 536'05'15"E 108.42' (N36'04'44"W 108.41') Cl. R=450.00' (450.00') s�� F S L3: S28'17'43"E 124.23' (N28'20'00"W 125.00') 0=20'01'33" (20'01'53") DSS 9iP) L=157.28' (157.33') C2: R=950.00' (950.00' c n� 0_07'47'32 (07'44 44") o�pG LAND s L=129.20' (128.43') p �� C C3: R=190.00' (190.00') do �y 1 �9� o�a� ;J3 A=41'42'02 (41'41'29") L=138.28' (138.25') C4: R=191.00' r 191.00') o No. 8204 s D=55'12'47 (55'10'28" Exp. 03-31-09 ) ,� �� sT L=184.06' (183.93') gTF of CA��F�� DETAIL "A": N.T.S. 0 C) SEE DETAIL "A" C �60�v co u' S19'49'41"W 1.00' \ � m (S19'58'31"W 1.00') �° — m ^' C4 = p m C4 I I Q P�G86�5 v o G -ml 0Q/ bib SCALE: 1" = 80' SFF 2� PM SyFFT BASIS OF BEARINGS: 0 40' So' 160' 2 THE SOUTH LINE OF THE NORTHEAST QUARTER OF SEC. 19, T.13S., R.21 E., M.D.B.&M., AS SHOWN ON PARCEL MAP NO. PREPARED BY: 86-05, RECORDED IN BK. 46 OF PARCEL MAPS AT PAGES YAMABE & HORN ENGINEERING, INC. 12-14, F.C.R., TAKEN TO BE N89'53'00"W. 1300 EAST SHAW AVE., SUITE 176 FRESNO, CA 93710 11/06/08....07-300CL EAS 2.dwg LEGEND: EXHIBIT "C" PROPOSED ROAD SHEET 4 OF 4 CENTERLINE — - - EXISTING PROPERTY LINE LINE TABLE P.O.T. POINT OF TERMINATION 1-4: N54'47'08"E 206.78' (N54'48'03"E 209.45') F.C.R. FRESNO COUNTY RECORDS ( ) RECORD DATA PER PARCEL MAP NO. 86-05, RECORDED IN BK. 46 AT PGS. 12-14, F.C.R. \ 0.T. Q 93 PARCEL J \ PM 86-05 Q�1• p c3 SEE DETAIL "A" i Qi C4 0 EAST AVIGASION pK'bb 05 =h P� 8 QV�v PARCEL G \ Q PM 86-05 QQ SEE SN£fT 2 o�PL LAND SG DETAIL "A": N.T.S. CURVE TABLE ���\��o C• C3: R=190.00' (190.00') O 2 0 A=41'42'02" (41'41'29") C3 L=138.28' (138.25') No. 8204 \' C4: R=191.00' 191.00') Exp. 03-31-09 S19'49'41"W 1.00' A=55'12'47' (55'10'28") (S19'58'31"W 1.007 L=184.06' (183.93') F OF I I / SCALE: 1" = 80' 0 40' 80' 160' BASIS OF BEARINGS:- THE SOUTH LINE OF THE NORTHEAST QUARTER OF SEC. 19, PREPARED BY: T.13S., R.21E., M.D.B.&M., AS SHOWN ON PARCEL MAP NO. YAMABE & HORN ENGINEERING, INC. 86-05, RECORDED IN BK. 46 OF PARCEL MAPS AT PAGES 1300 EAST SHAW AVE., SUITE 176 12-14, F.C.R., TAKEN TO BE N89'53'00"W. FRESNO, CA 93710 11/06/08....07-300CL EAS 2.dwg