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Home My WebLink AboutT-5196 - Agreement/Covenant - 4/4/2006 (6) WHEN RECORDED MAIL TO: 03/23/2006120060059696 City Clerk City of Fresno 2600 Fresno Street Fresno, Ca 93721-3603 W Q >_ NO FEE- Government Code 6103 LA_ O Z U CITY OF FRESNO VPublic Works Department P.W. File No. 10758 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY OFF-SITE STREET FACILITIES FOR THE FINAL MAP OF TRACT NO. 5196 1 Statement of Covenants Temporary Off-Site Street Facilities Tract No. 5196 Page 2 RECITALS WHEREAS, LENNAR FRESNO, INC., a California Corporation, 700 NW 107"'Avenue, Suite 400, Miami, Florida 33172, hereinafter referred to as the "Owner," of the real property situated in the City of Fresno, County of Fresno, State of California,and LENNAR FRESNO, INC., a California Corporation, 700 NW 107"'Avenue, Suite 400, Miami, Florida 33172, hereinafter designated and called the "Developer," shall hereinafter collectively and individually, where applicable, shall be jointly designated and referred to as the"Covenantor," hereinafter referred to as the "Subject Property' and more particularly described in the attached Exhibits A and B, 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.5196,hereinafter referred to as the "Map," requires the provision and maintenance of temporary off-site street facilities to provide a public turnaround on the Subject Property at the East Montecito Avenue alignment beyond the Map until such time that permanent street facilities are available on the Subject Property; and WHEREAS, the Covenantor and the City of Fresno desire to enter into an agreement providing for such temporary off-site street facilities. 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, Statement of Covenants Temporary Off-Site Street Facilities Tract No. 5196 Page 3 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 the Subject Property shall be used for temporary street purposes for the Map. The Covenantor agrees to construct and maintain such temporary street facilities 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 not restrict public access across the Subject Property during the term of this covenant. 2. The temporary street facilities shall be constructed to conform to the improvement plans prepared at the Covenantor's expense and approved by the City Engineer. The design of the temporary street facilities, including any related improvements and work, shall conform to Public Works standard specifications and shall meet minimum standards for a local street, including turning radiuses,or in conformance with an approved engineered design forthe untended use. The work shall be constructed pursuant to a Street Work Permit issued by the Public Works Department. 3. This Statement 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 liability, howsoever same may be caused, resulting directly or indirectly from the performance of any or all Statement of Covenants Temporary Off-Site Street Facilities Tract No. 5196 Page 4 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 temporary street 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 Fresno of the temporary street facilities and other improvements thereon and therein. 5. 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. 6. The foregoing conditions and obligations of this Statement shall remain in full force and effect until such time as the Public Works Director issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. Such release will be conditioned on the removal of the temporary street facilities in the manner acceptable to the City Engineer. The Covenantor agrees to reimburse the City for reasonable costs associated with the preparation and recordation of said release. 7. 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 Temporary Off-Site Street Facilities Tract No. 5196 Page 5 DATED: CITY OF FRESNO, COVENANTOR (Owner): a Municipal Corporation LENNAR FRESNO, INC., a California rporation DAVID D. HEALEY, Director Public Works Department By: By: Michael T. Kim, Assistant Director Steve Lutton, Vice President COVENANTOR (Developer): APPROVED AS TO FORM: LENNAR FRESNO, INC., a Califorruia Corporation HILDA CANTU- NTY City A By: By Steve Lutton, Vice President Deputy (Attach Notary Acknowledgment) ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF Fresno } On February 23, 2006 before me, Tauna Rothermel, Notary Public , personally appeared STEVE LUTTON personally known to me ❑ 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), an 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. TAUNA RanjER%4a WITNESS my hand and official seal. CoMxn"Wn01361179 �w Notary Publk-Calfornis Fr"m County *CWm Eq*w Apr 12,2006 i Signature- (NOTARY SEAL) I i i I I i i CLERK'S CERTIFICATION i I State of California) County of Fresno) On March 15, 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Michael T. Kirn, Assistant Public Works Director, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to be 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. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK, CMC i i By Tb7�� Deputy I I � i EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY TURN-AROUND COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 10 TOWNSHIP 14 SOUTH, RANGE 21 EAST,MOUNT DIABLO BASE AND MERIDIAN,IN THE COUNTY OF FRESNO,IN THE STATE OF CALIFORNIA,ACCORDING TO THE OFFICAL PLAT THEREOF;THENCE NORTH 89°49'00"EAST A DISTANCE OF 659.72 FEET;THENCE SOUTH 00°10'54"EAST A DISTANCE OF 689.92 FEET,TO THE TRUE POINT OF BEGINNING;THENCE SOUTH 00010'54" EAST ALONG A DISTANCE OF 36.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY WITH CENTER POINT BEARING SOUTH 00°10'54" EAST A RADIUS OF 55.00 FEET,THROUGH A CENTRAL ANGLE OF 39047'16"AN ARC LENGTH OF 38.19 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF A REVERSE CURVE CONCAVE WESTERLY WITH CENTER POINT BEARING NORTH 39036'22"EAST A RADIUS OF 40.00 FEET,THROUGH A CENTRAL ANGLE OF 259034'32" AN ARC LENGTH OF 181.22 FEET;THENCE SOUTHWESTERLY ALONG THE ARC OF A REVERSE CURVE CONCAVE NORTHWESTERLY WITH CENTER POINT BEARING NORTH 39058'10" WEST A RADIUS OF 55.00 FEET,THROUGH A CENTRAL ANGLE OF 39047'16" AN ARC LENGTH OF 38.19 FEET TO THE TRUE POINT OF BEGINNING. FD BCM 2", ACCEPTED AS N 1/4 CORNER SEC 10-14/21, CR #4470 EAST KINGS CANYON ROAD (STATE ROUTE 180) _ ------------------------------------------T-------- 1 POC 659.72' N89'49'00"E ` I — QRpFESS/ON 0 �2 2 QO n to t M N r- w m No. 30501 Exp. 3/31/06 C I V I\- 12 9TF OF CA0F w - EAST BUCKEYE AVENUE - IQ N M 0 n I � W o I N I Ito 4m � N NN N N N N I I I I _ _ _ _EAST EL wain WAYuj I 000, 1 :0X39'47'16" 1 to t rn O „_ I R=55.00' N I n 00 r CO 00 69,11 � L= 8.19' at A-259- 34 ' 32 R=40.00 N L=181.22' nntInto N 3 I � I EAST MONTECTO AVENUE TRUE POINT OF BEGINNING N NOO'10'54"W 36.00' I00, I M] O x39'47"16" R=55.00' II L=38.19' LEGEND 11 SCALE: 1" = 120' ® AREA OF COVENANT 0 60 120 240 - - - - - SECTION UNE EXHIBIT "B" REF. & REV. CITY OF FRESNO PROD. 10. FUND N0. PW FILE No. DEPT. OF PUBLIC WORKS ORG. NO. PLAT NO. _ COVENANT FORSHEET No. 2005- DR. 9Y: TEMPORARY OFF-SITE CH. BY: OF SHEETS 15-C- STREET FACILITIES FOR DATE: TRACT No. 5196 SCALE AS NOTED 15-A- 04-286...04286EX.D WG...8-23-05