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Home My WebLink AboutT-5210 - Agreement/Covenant - 12/28/2005 (5) ■ I. f f Y� WHEN RECORDED MAIL TO: 1/18/1005,10050301184 City Clerk i City of Fresno 2600 Fresno Street Fresno, Ca 93721-3603 NO FEE-Government Code 6103 CITY OF FRESNO Fire Department O U_ P.W. File No. 10777 Z O V IW CA� LLQ J STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY OFF-SITE EMERGENCY STREET FACILITIES FOR TRACT NO. 5210 Statement of Covenants Temporary Off-Site Emergency Street Facilities Tract No. 5210 Page 2 RECITALS WHEREAS, SELF HELP ENTERPRISES, a California Non-Profit Corporation, 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 Exhibit"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. 5210, hereinafter together referred to as the "Map," requires the provision and maintenance of temporary off-site street facilities to provide emergency vehicular access(e.g., fire and police services)from the Map to East Jensen Avenue until such time that other permanent street facilities are available to serve the Map; and WHEREAS, the Covenantor and the City of Fresno desire to enter into an agreement providing for such temporary off-site emergency 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 r< =', r the public at',large, and to minimize possible adverse effects on the public health, safety, peace, ;t and generalwelfare. Each of the covenants, conditions, and restrictions contained in this Statement of Covenants Temporary Off-Site Emergency Street Facilities Tract No. 5210 Page 3 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 fortemporary street purposes to provide emergency services to the Map. The Covenantor agrees to construct and maintain such temporary all-weather street facilities(including but not limited to'crash gates', by- pass locks, etc.) 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 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 Covenantors expense and approved by the Fire Department and 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 for the intended 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 ave 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, i 4i Statement of Covenants Temporary Off-Site Emergency Street Facilities Tract No. 5210 Page 4 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 Covenantors 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 a 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 Emergency Street Facilities Tract No. 5210 Page 5 DATED: )11.2,710s- CITY .2 9 0s- CIiTY OF FRESNO, COVENANTOR a Municipal Corporation SELF HELP ENTERPRISES, a California Non-Profit Corporation By. B v� Randy R. 11ruegman, Fire ChfWf Thomas J. Collis , Vice- resident Fire Department By: Carol A. Glass, Assistant Secretary APPROVED AS TO FORM: HILDA CANTO-MONTY City A me By Deputy (Attach Notary Acknowledgment) 5 STATE OF CALIFORNIA COUNTY OF TULARE ss. On September 1, 2005 before me, Paul Boyer, Notary Public, personally appeared Thomas J. Collishaw and Carol A. Glass, 0 personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)X'are subscribed to the within instrument and acknowledged to me that heAsh /they executed the same in Mer/their authorized capacity(ies), and that by his�he /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. ��. PAUL BOYER Comm.#1523810 F- n NOTARY PUBl1C•CALIFONNIAfY TUTARE CMXf1� MY COMM.EXPIRES NOV 28.2005 Paul Boyer, Notary Pu lic FOR NOTARY STAMP OR SEAL ,e CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On December 2, 2005, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Randy R. Bruegman,Fire Chief, 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 S J B Y Deputy December 2,2005(1:49pm) APN: 481-110-26 (Portion) EXHIBIT "A" Emergency Access Easement That portion of Lot 24 of Newhall Tract, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume 2 of Record of Surveys at Page 42, Fresno County Records,being more particularly described as follows: Commencing at the southeast corner of said Lot 24; thence South 86°44'17"West, along the south line of said Lot 24, a distance of 476.15 feet; thence North 03°15'43"West, a distance of 58.00 feet to the True Point of Beginning; thence continuing North 03015'43" West, a distance of 138.75 feet to a point on the arc of a non-tangent curve concave northwesterly and having a radius of 50.00 feet, a radial to said point bears South 45°06'38"East; thence Northeasterly along the arc of said curve, through a central angle of 28°39'05", an arc length of 25.00 feet to a point on the arc of a non-tangent curve concave westerly and having a radius of 50.00 feet, a radial to said point bears North 18°58'49"East; thence Southeasterly along the arc of last said curve, through a central angle of 111°22'43", an arc length of 97.20 feet to a point of reverse curvature; thence along the arc of a tangent reverse curve, concave southeasterly, having a radius of 40.00 feet, through a central.angle of 43037'16", an arc length of 30.45 feet; thence South 03°15'43"East, tangent to said reverse curve, a distance of 50.94 feet; thence South 86"44'17" West, parallel with and 58.00 feet North of the south line of said Lot 24, a distance of 20.00 feet to the True Point of Beginning. Containing an area of 4,575 square feet, more or less. QROFESS/py �P v N . 0501 Ex 3/31/06 T-.5 210 `r�9� C 1'J 1L PWF—__10698 FOF CAL\F Plat-3062 F:\2003\03-126\Docs\EMER-ACCESS-LGL.doc . _ BASIS OF BEARINGS — S86`43_31"W - - — — — EAST CHURCH AVENUE CENTER 1/4 COR. SEC. 18-14/21 A VENUE I GPRR�� i /�I J SURVEI(S Nr �I rIj r OF OF RECO - FCR•BK, 2 AT PC 4 W� j RADIAL TABLE I =(m UNE BEARING M 'ItR1 S45'06'38"E R1:104W R2 N18'58'49"E_ 0 3 x LINE TABLE i Io v LINE LENGTH BEARING I M i L1 58.00' NO3'15'43*W I 8100 L2 I L2 138.75' NO3'15 43 W II o L3 50.94' S03'15'43"E I ( l L4 20.00' S86'44'17"W I CURVE TABLE I I I CURVE DELTA RADIUS I LENGTH I QRpFESS/Q� 'A Cl 2839'05 50.00' 25.00' I I I ��4 Q. ql �^ C2 111'22'43" 50.00' 97.20' C3 43'37'16" 40.00'. 30.45' N rn o. 30501 EMERGENCY ACCESS J �NTp,YNE 10 I I I 3/31/06 a r— EASEMENT ACT N°' 52 26 ( s�q Civi 481-110- T�OF CAS-SFO AP N. 20• 26 \\ TPOB _ — �T POINT OF COMMENCEMENT L4 12' 46' SE COR LOT 24� I _ 476.15 -- ( J _ 1, EAST jENsEN AVENUE — — — S8T'44'17"W — — — — —SOUTH 1/4 COR. J_SEC. 18-14/21 —-�— �?/?/� INDICATES AREA TO BE DEDICATED BASIS OF BEARINGS FOR EMERGENCY ACCESS PURPOSES ' THE NORTH UNE OF THE SOUTHWEST 1/4 OF SECTION 18 TOWNSHIP 14 SOUTH, SCALE: 1" = 100' RANGE 21 EAST. MOUNT DIABLO BASE AND MERIDIAN, TAKEN TO BE.NORTH 86'43'31" EAST PER RECORD OF SURVEY FILED WITH FRESNO COUNTY RECORDS IN BOOK 32 AT PAGE 70. 0 50 100 200 REF. & REV. . CITY OF FRESNO PROD. ID. FUND NO. PW FILE No. tO6s8 DEPT.. OF PUBLIC WORKS ORG. NO. PLAT NO .•�, "3062 -s C�/HIBI »B. DR. BY: CK SHEET No. T-5210 GJ� OF l 1 SHEETS EASEMENT FOR CH. BY' EMERGENCY VEHICLE ACCESS DAA LAS SCALE O E AS NOTED 03-126 EMER—ACCESS.dwg