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HomeMy WebLinkAboutT-5247 - Agreement/Covenant - 3/2/2005 (9) 'WHEN RECORDED MAIL TO: City Clerk City of Fresno 01�14�20055 20050010110 2600 Fresno Street Fresno, Ca 93721-3603 cc O LL O NO FEE-Government Code 6103 U UJ CITY OF FRESNO Q Public Works Department W STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY OFF-SITE STREET FACILITIES FOR TRACT NO. 5247 Statement of Covenants Temporary Off-Site Street Facilities Tract No. 5247 Page 2 RECITALS WHEREAS, CAMPOS BROTHERS, a California general partnership, GRANTLAND AVENUE L. L. C., a California Limited Liability Company, hereinafter designated and called the "Owner,"without regard for number or Gender, and GRANTLAND AVENUE L. L. C., a California Limited Liability Company, and IMAGE HOMES, Inc., A California 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 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.5247(Phase 1 of Vesting Tentative Map No. 5247), hereinafter referred to as the "Map," requires the provision and maintenance of temporary off-site street facilities to provide public access at the south end of North La Paz Avenue truncated street segment created by the phasing of final maps pursuant to said tentative map until such time that 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 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, Statement of Covenants Temporary Off-Site Street Facilities Tract No. 5247 Page 3 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 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 for the 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 Statement of Covenants Temporary Off-Site Street Facilities Tract No. 5247 Page 4 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. 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. 5247 Page 5 DATED: CITY OF FRESNO, COVENANTOR: a Municipal Corporation OWNER: CAMPOS BROTHERS, a California general MICHAEL T. KIRN, Director partnership Public Works Department By. yn Z J(eV1 Fermin Campos, Part er By: Antonio Campos, Pa ner GRANTLAND AVENUE L.L.C., a California APPROVED AS TO FORM: Limited Liability Company By: GRANVILLE HOMES, Inc., a HILDA CANTO-MONTY orni C or o as Manager City At y 1 ` By By: Deputy Farid Assemi, President SUBDIVIDER/OWNER GRANTLAND AVENUE L. L. C., a California Limited Liability Company By: GRANVILLE HOMES, Inc., a MB . Qrportliojasnager Farid Assemi, President IMAGE HOMES, I .,a Californi Corporation By: K)dStewa Chief ecutive O icer By: in Mulliga resident (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -------- - -------- State of County of On /���J/ � before me, , D to Name and Title of Officer(e.g.,-Jan oe,NP Public") pers 'nally appeared Name(s)o igner(s) personally known to me–OR–El proved to me on the basis of satisfactory evidence to be the persons) 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, STINE&ULTER executed the instrument. COMM.#1380834 "MARY EswiocoUN' WITNESS my hand and official seal. CAUFOWAA C Exp•OCT.20,2006 Signatur of N ry Pubf 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(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator - ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of .� On 12— before me, C&4L� Date ` Name and Title of Officer(eA.,"Jan oe,N Public") personally appeared qq�llw� , Name(s)of Signer(s) ,E 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 the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by apComm. HRISTINE S.UNGENFELTER his/her/their signature(s)on the instrument the person(s), COMM.S NOTARY !38063x.MA or the entity upon behalf of which the person(s) acted, FRESNocou executed the instrument. P•OCT.20,2006 WITNESS my hand and official seal. Signature Notary lic 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of C�— County of On 1-'" 7 --t�y—/ before me, InhULI .Q1~YA9,011 hilielA Date Name and Title of Officer(e.g.,"Jan Doe,r ry Publi personally appeared , Na (s)of Signer(s) ❑personally known to me—OR— oved 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), t�ISTINE S.UNGENFELTHt or the entity upon behalf of which the person(s) acted, .» COMM.it 1380834. WTMy PtOk0 executed the instrument. FRESNO COUNTY Comm•Exp.OCT•�.2008 WITNESS my hand and official seal. �� Signature of Atary Pd1c 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of \T�Q,mL�j�.� _ On 1,-)_ Lv before me, e ,9 Ae led , Date Name and Title of Officer(e.g. Jane D ,Nota ublic") personally appeared _ , me(s)of Signer(s) ❑personally known to me–OR–114roved 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), CHPJSTINE S.UNGENFELTER or the entity upon behalf of which the person(s) acted, Q . COMM. 1380834 executed the instrument. �:. NOTasv Pi1MM 0 CALffORIM FRESNO COUNTY Comm. OCT.20,2008 WITNESS my hand and official seal. CAI 24-&L Signat b re of Nota Publi 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑. Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: - -------- - --- - - ©1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT nm State of County of On 1-2/_--� A,q before me, , Date Name and Title of er(e .,"Jan oe,Notary Public") personally appeared \ - &umt Name(s)of Signer(s) 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 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), CHRISTINE S.LMIGEELTER or the entity upon behalf of which the person(s) acted, COMM. 1380M3q executed the instrument. NOTFRRESNO Coin Comm.Exp,OCT.yp 2006 WITNESS my hand and official seal. OL Signature of Nota ublic 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee _ ❑ Guardian or Conservator - ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 y, a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of �,Aea On I 7--/3 / (ems/ before me, l , D to Name and Title of Officer .g.,"Ja 6o-e, ry Public") personally appeared A , Name(s)of Signer(s) ,2-p'-eersonally 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 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), CHRISTINE&LINGFJLTER or the entity upon behalf of which the person(s) acted, COMM.0 1380834 . executed the instrument. NOTARY PUBLIC 0 CAUFOMA FRESNO COUNTY Comm•Exp.OCT.20,2008 WITNESS my hand and official seal. Signature Notar lic 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee _ ❑ Guardian or Conservator - ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: ©1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-676-6827 EXHIBIT A Tract 5247 Temporary Turn Around Legal Description That portion of the Northwest Quarter of Section 9, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, described as follows: Beginning at the Northwest corner of said Section 9; thence South 0°00'00"West, along the West line of said Section 9, a distance of 1319.65 feet; thence North 89°38'07" East, a distance of 657.58 feet; thence South 0°01'48" East, a distance of 439.01 feet; thence North 89°34'49" East, a distance of 330.01 feet; thence North 0°01'48" West, a distance of 443.70 feet; thence North 89'38'07" East, a distance of 550.02 feet to the TRUE POINT OF BEGINNING; thence North 89°38'07" East, a distance of 52.97 feet to the beginning of a non-tangent curve concave to the Northeast, whose radius point bears North 4°22'46" East; thence Southeasterly along said non- tangent curve, having a radius of 25.00 feet, through a central angle of 35°54'31" to a point of reverse curve; thence Southerly,Westerly and Northerly along said reverse curve, having a radius of 45.00 feet, through a central angle of 266°05'39", a distance of 208.99 feet to a point of reverse curve; thence Northeasterly along last said reverse curve, having radius of 25.00 feet, through a central angle of 49'15'41", a distance of 21.49 feet to the TRUE POINT OF BEGINNING. CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On December 22,2004, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, M.T. Kirn, Public Works 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. KL ISCH, CMC CITY CLERK a- By��_ vyi o Deputy December 22,2004(4:37pm)