HomeMy WebLinkAboutPM 2008-21 - Agreement/Covenant - 4/24/2009 WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
04/24/2009.20090055721
NO FEE-Government Code 6103
CITY OF FRESNO
X Planning and Development Department
0
U.
z PROJECT ID: East Matoian Way, North Primitivo Way, East Campus Pointe Drive and East
VChardonnay Lane
(private Street Names w/addressing)
W APN: 420-020-25, 26, 27, 29, 30 and 31
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C.
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT TO ESTABLISH EAST MATOIAN
WAY, NORTH PRIMITIVO WAY, EAST CAMPUS
POINTE DRIVE AND EAST CHARDONNAY LANE AS
A PRIVATE STREET NAME FOR OFFICIAL
ADDRESSING PURPOSES
Statement of Covenants
Private Street Name for Official Addressing Purposes
East Matoian Way, North Primitivo Way, East Campus Pointe Drive and East Chardonnay Lane
Page 2
RECITALS
WHEREAS, BOARD OF TRUSTEES OF THE CALIFORNIA STATE
UNIVERSITY hereinafter referred to as "Trustees", 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, pursuant to a Ground Lease dated June 28, 2006, hereinafter
referred to as the "Ground Lease", by and between the Trustees and the California
State University, Fresno Association, Inc., A California Nonprofit Public Benefit
Corporation hereinafter referred to as "Covenantor", the Trustees leased the Subject
Property to the Covenantor for a term not to exceed ninety (90) years; and
WHEREAS, the Covenantor has requested that the City of Fresno ("City")
approve certain private street names for the purpose of issuing official address numbers
within the limits of the Subject Property; and
WHEREAS, the approved access to the Subject Property is from North Chestnut
Avenue-land,
WHEREAS, the provisions of Section 12-1302(e) of the Fresno Municipal Code
authorize 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, East Matoian Way, North Prirriiil:ivo Way,
East Campus Pointe Drive and East Chardonnay Lane, requested by Covenantor
conform to the provisions of FMC Section 12-1105(b); and,
Statement of Covenants
Private Street Name for Official Addressing Purposes
East Matoian Way, North Primitivo Way, East Campus Pointe Drive and East Chardonnay Lane
Page 3
WHEREAS, the Covenantor and the City of Fresno desire to enter into an
agreement for the express purpose of establishing certain 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 until the expiration or termination of the Ground Lease and shall during
said time period be binding upon and inure to the benefit of each successive owner of
the Subject Property and his heirs, successors, and assigns during the 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
shall be as graphically shown on and as 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
elated to, but riot limited i0 size, text, (;oior, material, and placement snail be as
Statement of Covenants
Private Street Name for Official Addressing Purposes
East Matoian Way, North Primitivo Way, East Campus Pointe Drive and East Chardonnay Lane
Page 4
approved by the City Engineer.
5. The recording of this Covenant establishes the private street names of
"East Matoian Way, North Primitivo Way, East Campus Pointe Drive and East
Chardonnay 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 names. All required official change of address requests and
processing fees shall be filed prior to the recording of this covenant.
7. Covenantor does hereby agree 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 limited to personal injury, death at any
time and property damage) incurred by City, Covenantor or any other person that arise
during the term of this Covenant, directly or indirectly out of negligence on the part of
Covenantor (or any of its principals, officers, employees, agents, volunteers,
consultants, engineers, subcontractors, vendors, suppliers, invitees or anyone
employed directly or indirectly by any of them) in the installation of or maintenance of,
street signs on the Subject Property or in or upon street rights-of-way.
8. The conditions of this Statement are intended to benefit both the Subject
i,.. .-+y' th N ISI'IG I � b pr � _xi n ^^- —di gly, ' i t �•, i F
I I O 21 i" the iiuli�, aiiu liulit; 1 O 8i uCJ. /-�l,t.iUi i,i�il�'�J i� is agreed I1�G-' l..i�(y Oi r-f't'SnU
Statement of Covenants
Private Street Name for Official Addressing Purposes
East Matoian Way, North Primitivo Way, East Campus Pointe Drive and East Chardonnay Lane
Page 5
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 during the term hereof, 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 the earlier of: (i) the expiration or earlier termination of the
Ground Lease, or (ii) 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 enforceability 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
East Matoian Way, North Primitivo Way, East Campus Pointe Drive and East Chardonnay Lane
Page 6
DATED: inti-� �pq
.�
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
CALIFORNIA STATE UNIVERSITY,
Planning and Development Department FRESNO ASSOCIATION, INC.,
A California Nonprofit Public Benefit
Corporation
By:
Keith Bergthold, Interim Director
By: ,
Deborah S. Adishian-Astone,
Executive Director
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
LR (Attach Notary Acknowledgments)
By:
Deputy City Attorney
Date:
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On April 24, 2009, before me, Jennifer Morelos, Deputy City Clerk, City of Fresno,
personally appeared, Keith Berqthold, Interim Director, 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) acted, executed the instrument.
l 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
B �/F -
D615iuty
January 14, 2009
Job no. SC07005
EXHIBIT "A"
All that certain real property, situate in and being a portion of the Southwest
quarter of Section 7, Township 13 South, Range 21 East, Mount Diablo Base and
Meridian, in the City and County of Fresno, State of California, being more
particularly described as follows:
COMMENCING at the Southwest corner of said Section 7 as shown on Record
of Survey filed February 22, 2001 in Book 45 of Record of Surveys at Pages 37
through 49, Fresno County Records; thence along the West line of said Section 7
and also the centerline of North Chestnut Avenue as shown on said Record of
S u rvey,
North 01023'06" East, a distance of 1817.50 feet; thence South 881,36'54" East, a
distance of 63.00 feet to a point on the future East right-of-way line of said North
Chestnut Avenue and the TRUE POINT OF BEGINNING of this description;
thence continuing, South 88036'54" East, a distance of 2061.54 feet to a point on
the Northwesterly right-of-way line of State Highway 168 as shown on said
Record of Survey and the California Department of Transportation Right-of-Way
Map, District 6, Route 168, Kilometer Post R6.61, Sheets 23 and 24 of 40;
thence along said Northwesterly right-of-way line, South 41004'03" West, a
distance of 281.88 feet; thence
South 41159'13" West, a distance of 650.12 feet; thence South 44118'50" West, a
distance of 203.39 feet; thence South 46156'38" West, a distance of 204.71 feet;
thence South 46026'15"West, a distance of 190.26 feet to the beginning of a
curve concave to the Northwest and having a radius of 597.15 feet; thence
Southwesterly 385.94 feet along the arc of said curve through a central angle of
37°01'51"; thence
South 83°28'06" West, a distance of 119.48 feet to the beginning of a curve
concave to the Southeast and having a radius of 285.12 feet; thence
Southwesterly 413.98 feet along the arc of said curve through a central angle of
83011'29"; thence South 00016'37" West, a distance of 76.77 feet; thence South
53121'36" West, a distance of 61.38 feet to a point on the future Northerly
Caltrans right-of-way line of East Shaw Avenue; thence along said future right-of-
way line, North 72052'39" West, a distance of 36.65 feet to the beginning of a
curve concave to the South and having a radius of 98.00 feet; thence Westerly
27.99 feet along the arc of said curve through a central angle of 16°21'48";
thence North 89014'27" West, a distance of 194.07 feet; thence North 421151'20"
West, a distance of 41.56 feet to the said future East right-of-way line of North
Chestnut Avenue; thence along said future right-of-way line, North 00019'14"
East, a distance of 129.05 feet to the beginning of a curve concave to the East
and having a radius of 743.00 feet thence 9�.lnrtherl�i 13 gn feQt. a!onn the arr of
said curve through a central angle of 01 003'52"; thence parallel with and 63.00
Page 1 of 5
feet East, (measured at right angles) of the West line of said Section 7, North
01 1123'06" East, a distance of 323.72 feet to the beginning of a curve concave to
the East and having a radius of 202.00 feet; thence Northerly 26.78 feet along
the arc of said curve through a central angle of 07035'43", thence North
08058'49" East, a distance of 30.39 feet to the beginning of a curve concave to
the West and having a radius of 252.00 feet; thence Northerly 33.41 feet along
said curve through a central angle of 07035'43"; thence parallel with and 71.00
feet East, (measured at right angles) of the West line of said Section 7, North
01 023'06" East, a distance of 94.13 feet to the beginning of a non-tangent curve
concave to the Southeast and having a radius of 20.00 feet, to which beginning a
radial line bears
North 13005'33" West; thence Northeasterly 5.05 feet along the arc of said curve
through a central angle of 14028'39", thence South 88036'54" East, a distance of
30.00 feet; thence parallel with and 106.00 feet East, (measured at right angles)
of the West line of said Section 7, North 01 023'06" East, a distance of 60.00 feet;
thence
North 88036'54" West, a distance of 8.00 feet to the beginning of a curve
concave to the Northeast and having a radius of 50.00 feet; thence Northwesterly
25.78 feet along the arc of said curve through a central angle of 29032'14";
thence North 42032'30" West, a distance of 14.92 feet; thence parallel with and
63.00 feet East, (measured at right angles) of the West line of said Southwest
quarter of Section 7, North 01 023'06" East, a distance of 282.28 feet; thence
North 17051'26" East, a distance of 15.95 feet; thence parallel with and 67.52
feet East, (measured at right angles) of the West line of said Southwest quarter
of Section 7, North 01023'06" East, a distance of 116.44 feet; thence North
32013'52" East, a distance of 18.99 feet to the beginning of a curve concave to
the Southeast and having a radius of 33.00 feet; thence Northeasterly 32.75 feet
along the arc of said curve through a central angle of 56051'58"; thence North
891,05'50" East, a distance of 55.77 feet; thence parallel with and 160.00 feet
East, (measured at right angles) of the West line of said Southwest quarter of
Section 7, North 01023'06" East, a distance of 71.40 feet; thence North 86°19'34"
"Jest, a distance of 42.64 feet to the beginning of a curve concave to the
Northeast and having a radius of 61.00 feet; thence Northwesterly 49.73 feet
along the arc of said curve through a central angle of 46042'28" to the beginning
of a compound curve concave to the Northeast and having a radius of 101.00
feet; thence Northwesterly 14.11 feet along the arc of said curve through a
central angle of 08000'08"; thence North 00002'03" East, a distance of 97.98 feet;
thence parallel with and 63.00 feet East, (measured at right angles) of the West
line of said Southwest quarter of Section 7, North 01023'06" East, a distance of
303.15 feet to the TRUE POINT OF BEGINNING.
Containing 2,085,500 square feet± or 47.88 acres±, more or less.
ALL SUBJECT TO ali easP_mprts and/or rights-of-W;?! !nf rQcrerd, if - nf.
Page 2 of 5
The Basis of Bearings for this legal description is North 89018'30" West along the
North line of the Southwest quarter of Section 7, Township 1.3 South, Range 21
East, Mount Diablo Base and Meridian, City and County of Fresno, State of
California as shown on Record of Survey filed in Book 45 of Record of Surveys at
Pages 37 through 49, Fresno County Records..
END OF DESCRIPTION
Page 3 of 5
EXHIBIT "B"
All that certain real property, situate in and being a portion of the Southwest
quarter of Section 7, Township 13 South, Range 21 East, Mount Diablo Base and
Meridian, in the City and County of Fresno, State of California, the centerlines of
which are more particularly described as follows:
EAST MATOIAN WAY
COMMENCING at the Southwest corner of said Section 7; thence along the
West line of said Section 7, being also the centerline of North Chestnut Avenue,
North 01 023'06" East, a distance of 818.34 feet and the TRUE POINT OF
BEGINNING of this description; thence leaving said West line and proceeding
South 88036'54" East, a distance of 977.22 feet to a point hereby designated as
Point 'A' and the terminal point of this description.
NORTH PRIMITIVO WAY
BEGINNING at aforementioned Point 'A'; thence North 01°23'06" East, a
distance of 528.47 feet to a point hereby designated Point 'B'; thence continuing
North 01 023'06" East, a distance of 434.69 feet to a point hereby designated as
Point 'C' and the terminal point of this description.
EAST CAMPUS POINTE DRIVE
BEGINNING at aforementioned Point 'B'; thence North 88036'54" West, a
.distance of 977.22 feet to a point on aforementioned West line of Section 7 and
the terminal point of this description, last said point bears North 01 023'06" East
1346.81 feet from said Southwest corner of Section 7.
EAST CHARDONNAY LANE
BEGINNING at aforementioned Point 'C'; thence North 8836'54" West, a
distance of 977.22 feet to a point on aforementioned West line of Section 7 and
the terminal point of this description, last said point bears North 01°23'06" East
1781.50 feet from said Southwest corner of Section 7.
SUBJECT TO all easements and/or rights-of-way of record.
Page 4 of 5
The Basis of Bearings for this legal description is North 89°18'30" West along the
North line of the Southwest quarter of Section 7 as shown on Record of Survey
filed in Book 45 of Record of Surveys at Pages 37 through 49, Fresno County
Records.
END OF DESCRIPTION
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Page 5 of 5
EXHIBIT B
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On April , 2009 before me, Lauren E. Chalmers. Notary Public
Date Here Insert Name and TAIe of the icer
personally appeared Deborah S. Adishian-Astone
Name(s)of Signer(s)
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
,�,ENtr
LAUREN E.CHALMERS which the person(s) acted, executed the instrument.
Commission#1832086 I certify under PENALTY OF PERJURY under the laws
i .y M Comm. Jan 19Notary Public• tNorMa � of the State of California that the foregoing paragraph is
Fresno County true and correct.
.20131
WITNESS my hand and official seal.
Signature y_"O � cG' C-A
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by laky, 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(s)
Signer's Name: Signer's Name:
Individual Individual
❑ Corporate Officer—Title(s): __ Corporate Officer—Title(s):
C Partner— Limited General _ Partner—__ Limited - General MeMA 1011 NI. Mel
G Attorney in Fact • _Attorney in Fact •
❑ Trustee Tco of t^umb t'e,e .trustee Top o.thumb here
❑ Guardian or Conservator Guardian or Conservator
❑ Other: Other:
Signer Is Representing: Signer Is Representing:
,D2007 National Notary Association•9350 De Soto Ave..PO.Bax 2402•Chatsworth,CA 91313-2402•vawv.NaticnalNotaryorg Item x5907 Reorder.Call Tol-Free 1-800.876-6827