HomeMy WebLinkAboutT-5258 - Agreement/Covenant - 8/2/2005 (3) .,M
r,
08/11/2004 15:35 FAX 559 732 7160 '4011LL1N HOMES 0002/010
WHEN RECORDED MAIL TO:
08!1112004,10040175956
City Clerk
j City of Fresno
2600 Fresno Street
I Fresno,CA 93721-3603
NO FEE—Government Code 6103
CITY OF FRESNO
Planning and Development Department
STATEMENT OF COVENANTS FOR CROSS ACCESS AGREEMENT
08/11/2004 15:38 FAX 559 732 7160 MOULLIN F10111FS 0003/010
Conditional Use Permit Application No. C-04-177 Planning and Development Department
2300 South Clovis Avenue City of Fresno
RECIPROCAL AGREEMENT
(Cross Access Easement for Vehicular Access)
A. WHEREAS, Dick Ailaniian and Bey Rose Ailaniian. as trustees of the Dick Ailaniian
and Betty Rose Ailaniian Trust, created by a certain revocable Inter Vivos Trust Declaration
Dated January 28. 1983 is the record owner of the following described real property
situated in the City of Fresno, County of Fresno, State of California:
PARCEL "A"
That portion of the East half of the Northeast quarter of Section 17, Township 14
South, Range 21 East, Mount Diablo Base and Meridian, according to the Official
Plat thereof, more particularly described as follows:
Commencing at the Northeast corner of said Section 17, thence South 00°00'58"
East along the East line of the Northeast quarter of said section 17, a distance of
1,454.27 feet;thence South 89059'02"West, a distance of 207.00 feet;thence North
00°00'58"West, a distance of 27.29 feet;thence South 89059'020 West,a distance
of 110.00 feet;thence North 20036'26"West, a distance of 66.69 feet;thence South
69°23'34" West, a distance of 5.88 feet to the point of curvature of a tangent curve
concave Southeasterly and having a radius of 125.00 feet; thence Southwesterly
along said curve through a central angle of 25048'55"an arc distance of 56.32 feet;
thence North 4602635" West, a distance of 50.00 feet to a point of curvature of a
non-tangent curve concave Southeasterly and having a radius of 175.00 feet, the
radial from said point bears South 46025'25" East, said point also being the True
Point of Beginning;thence Southwesterly along said curve through a central angle
of 43035'33"an are distance of 133.15;thence South 00000'58"East, a distance of
42.84 feet; thence South 89°59'02" West, a distance of 389.47 feet; thence North
00036'54" East, a distance of 114.48 feet to the point of curvature of a tangent
curve concave Southeasterly and having a radius of 470.00 feet; thence
Northeasterly along said curve through a central angle of 18035'48"an arc distance
of 152.55 feet;thence North 89059'02"East,a distance of 318.63 feet;thence South
42021'29" East, a distance of 136.06 feet to the True Point of Beginning.
Area: 103,322 Square Feet, 2.37 Acres
PARCEL"B"
That portion of East half of Section 17, Township 14 South, Range 21 East,Mount
Diablo Base and Meridian, according to the Official Plat thereof, more particularly
described as follows:
Commencing at the Northeast corner of said Section 17; thence South 00000'58"
East, along the East line of said Section 17, a distance of 30.00 feet,to the True
Point of Beginning;thence South 00000'58"East,continuing along the East line of
said Section 17, a distance of 1424.27 feet; thence South 89059'02" West, a
distance of 207.00 feet; thence North 00000'58" (Nest, a distance of 27.29 feet,
08/11/2004 15:36 FAX 559 732 7160 MCMILLIN HOMES Q004/010
Cross Access Agreement and Covenant Conditional Use Permit Application No.C-04-177
2300 South Cloivs Avenue Page 2
thence South 89059'02" West, a distance of 110.00 feet, thence North 20036'26'
West, a distance of 66.69 feet; thence South 69023'34" West, a distance of 5.88
feet,to a point on an are of a tangent curve concave Southeasterly,having a radius
of 125.00 feet; thence Southwesterly along said curve through a central angle of
25048'551,an arc distance of 56.32 feet;thence North 46°25'35"West,a distance of
50.00 feet, thence North 42021'29" West, a distance of 136.06 feet; thence South
89°59'02" West, a distance of 318.63 feet, to a point on an arc of a non-tangent
curve concave East, having a radius of 470.00 feet, a radial to said point bears
South 70047'18" East; thence South along said curve through a central angle of
18035'48", an arc distance of 152.55 feet;thence South 00"36'54"West,a distance
of 114.48 feet;thence North 89059'02"East,a distance of 159.47 feet;thence South
00"00'58" East,a distance of 110.50 feet;thence North 89059'02"East, a distance
of 21.09 feet; thence South 00000'58" East, a distance of 50.00 feet;thence South
45"19'07'West, a distance of 17.51 feet;thence South 00"36'54"West,a distance
of 95.55 feet, to a point on an arc of a tangent curve concave East, having a radius
of 800.00 feet; thence South along said curve through a central angle of 7011'12',
an arc distance of 100.34 feet; thence South 48026'58" East, a distance of 18.09
feet;thence South 8"58'54" East, a distance of 50.62 feet;thence South 41"51'53"
West, a distance of 17.02 feet,to a point on an arc of a non-tangent curve concave
West, having a radius of 757.00 feet, a radial to said point bears South 83056'53"
West; thence South on said curve through a central angle of 14"46'06", an arc
distance of 195.12 feet; thence South 40034'30" East, a distance of 16.85 feet',
thence South 12040'12" West, a distance of 51.25 feet; thence South 52"01'50"
West,a distance of 19.04 feet, to a point on an arc of a non-tangent curve concave
West, having a radius of 757.00 feet, a radial to said point bears North 75031'24"
West;thence Southerly along said curve through a central angle of 4"3325",an arc
distance of 60.21 feet; thence South 90000'00" East, a distance of 122.53 feet;
thence South 23059'41" West, a distance of 44.47 feet; thence South 22045'52"
West, a distance of 95.55 feet; thence South 00"00'58" East, a distance of
71.00 feet; thence South 81"24'21" West, a distance of 36.25 feet; thence South
8035'39"East, a distance of 50.00 feet,to a point on an arc of.a non-tangent curve
concave Northerly, having a radius of 628.00 feet,a radial to said point bears North
8035'39" West; thence Westerly along said curve through a central angle of
3051'59", an arc distance of 42.38 feet; thence South 8"41'27" East, a distance of
12525 feet,to a point on an are of a non-tangent curve concave Northerly,having a
radius of 753.00 feet, a radial to said point bears North 5"23'11" West; thence
Westerly along said curve through a central angle of 5036'03", an arc distance of
73.61 feet; thence North 89047'08' West, a distance of 182.98 feet; thence South
00"12'52"•West, a distance of 94.00 feet;thence North 89047'08"West,a distance
of 80.06 feet;thence South 00"33'40"West,a distance of 245.31 feet;thence North
89026'20" West, a distance of 1422.13 feet, to a point on an arc of a non-tangent
curve concave Southeasterly,having a radius of 1200.00 feet,a radial to said point
bears South 4904813"East;thence Northeasterly along said curve through a central
angle of 9010'32", an arc distance of 192.17 feet; thence North 49"22'19" East, a
distance of 320.90 feet, to a point on an arc of a tangent curve concave
Northwesterly, having a radius of 400.00 feet;thence Northeasterly along said curve
through a central angle of 23053'10", an arc distance of 166.76 feet; thence North
25029'09" East, a distance of 114.85 feet, to a point on an arc of a tangent curve
concave Westerly, having a radius of 600.00 feet;thence Northerly along said curve
through a central angle of 11 1132'26", an arc distance of 120.85 feet; thence North
13"56'43" East, a distance of 146.98 feet, to a point on an arc of a tangent curve
08/11/2004 15:37 FAX 559 732 7160 MCMILLIN HOMES a005/010
Cross Access Agreement and Covenant Conditional Use Permit Application No.C-04-177
2300 South Cloivs Avenue Page 3
concave Southeasterly, having a radius of 100.00 feet; thence Northeasterly along
said curve through a central angle of 76016'55",an arc distance of 133.14 feet,to a
point on an arc of a compound curve concave Southerly, having a radius of 450.00
feet; thence Easterly along said curve through a central angle of 17047'06", an arc
distance of 139.68 feet;thence South 71°59'16" East,a distance of t 38.49 feet,to a
point on an arc of a tangent curve concave Northerly, having a radius of 1200.00
feet; thence Easterly along said curve through a central angle of 6°12'27', an arc
distance of 130.01 feet; thence North 00022'19" West, a distance of 2097.51 feet;
thence North 53°17'32' West, a distance of 54.43 feet, to a point on an are of a
tangent curve concave Northeasterly, having a radius of 275.00 feet; thence
Northwesterly along said curve through a central angle of 9°1311",an arc distance
of 44.25 feet; thence North 89°50'08" East, a distance of 1459.62 feet to the True
Point of Beginning.
Area: 3,445,741 Square Feet,79.10 Acres
PARCEL"C"
That portion of the East half of Section 17, Township 14 South, Range 21 East,
Mount Diablo Base and Meridian, according to the Official Plat thereof, more
particularly described as follows:
Commencing at the Northeast corner of said Section 17, thence South 00°00'58"
East along the East line of the Northeast quarter of said section 17, a distance of
1,454.27 feet to the True Point of Beginning; thence South 00°00'58" East,
continuing along said East line, a distance of 1,221.64 feet to the East quarter
corner of said Section 17; thence North 89°47'13"West, along the South line of the
Northeast quarter of said section 17, a distance of 30.01; thence South 01 006'51"
West, a distance of 355.61 feet; thence North 89026'20" West, a distance of
1008.00 feet;thence North 00033'40"East,a distance of 245.31 feet;thence South
89047'08" East, a distance 80.06 feet; thence North 00°12'52" East, a distance
94.00 feet: thence South 89047'08" East, a distance of 182.98 feet to the point of
curvature of a tangent curve concave Northerly and having a radius of 753.00 feet;
thence Easterly along said curve through a central angle of 05°36'03" an arc
distance of 73.61 feet;thence North 08041'27"West, a distance of 125.25 feet to a
point of curvature of a non-tangent curve concave Northerly and having a radius of
628.00 feet,the radial from said point bears North 04043'40"West;thence Easterly
along said curve through a central angle of 03051'59"an arc distance of 42.38 feet;
thence North 08035'39'West,a distance of 50.00 feet;thence North 81°24'21"East,
a distance of 36.25 feet; thence North 00000'58° West, a distance of 71.00 feet;
thence North 22°45'52"East,a distance of 95.55 feet;thence North 2359'41"East,
a distance of 44.47 feet; thence West a distance of 122.53 feet to a point of
curvature of a non-tangent curve concave Northwesterly and having a radius of
757.00 feet, the radial from said point bears North 70057'59" West ; thence
Northeasterly along said curve through a central angle of 04033'25"an arc distance
of 60.21 feet; thence North 52001'50" East, a distance of 19.04 feet;thence North
12040'12"East,a distance of 51.25 feet;thence North 401,34'30"West,a distance of
16.85 feet to a point of curvature of a non-tangent curve concave Westerly and
having a radius of 757.00 feet, the radial from said point bears North 81'17'01"
West;thence Northeasterly along said curve through a central angle of 14°46'06"an
arc distance of 195.12 feet; thence North 41051'53"East, a distance of 17.02 feet;
08/11/2004 15:38 FAX 559 732 7160 MCMILLIN HOMES 9006/010
Cross Access Agreement and Covenant Conditional Use Permit Application No.C-04-177
2300 South Cloivs Avenue _ Page 4
thence North 08°58'54"West,a distance of 50.62;thence North 48026'58"West,a
distance of 18.09 feet to a point of curvature of a non-tangent curve concave
Easterly and having a radius of 800.00 feet, the radial from said point bears
North 83°2542" East;thence Northerly along said curve through a central angle of
0701 i'12'an arc distance of 100.34 feet;thence North 00036'54"East,a distance of
95.55 feet; thence North 4519'07" East, a distance of 17.51 feet; thence North
00000'58"West, a distance of 50.00 feet;thence South 89059'02"West,a distance
of 21.09 feet;thence North 00000'58"West,a distance of 110.50 feet;thence North
89059'02"East,a distance of 230.00 feet;thence North 00°00'58"West,a distance
of 42.84 feet to the point of curvature of a tangent curve concave Southeasterly and
having a radius of 175.00 feet; thence Northeasterly along said curve through a
central angle of 43°35'33"an arc distance of 133.15;thence South 46025'35"East,a
distance of 50.00 feet to the point of curvature of a non-tangent curve concave
Southeasterly and having a radius of 125.00 feet, the radial from said point bears
South 46°25'21"East;thence Northeasterly along said curve through a central angle
of 25048'55"an arc distance of 56.32 feet;thence North 69023'34"East,a distance
of 5.88 feet; thence South 20°36'26" East, a distance of 66.69 feet; thence North
89°59'02" East, a distance of 110.00 feet;thence-South 00°00'58"East,a distance
of 27.29 feet; thence North 89059'02" East, a distance of 207.00 feet to the True
Point of Beginning.
Area: 1,179,352 Square Feet, 27.07 Acres
B. WHEREAS, the above-defined subject properties currently consist of three parcels,
each of which may be sold; and
C. WHEREAS,the City of Fresno requires that there be provided and maintained in
connection with the use of each parcel, adequate vehicular access in accordance with
Fresno Municipal Code Chapters 10 and 12,
D. WHEREAS,the Covenantor hereby warrant that any and all parties having record
title interest in the Subject Properties which may ripen into a fee have subordinated to this
instrument; and
E. WHEREAS, all such instruments of Subordination, if any, are attached hereto and
made a part of this instrument.
NOW THEREFORE, each of the undersigned covenant and agree as follows:
1. The undersigned owner hereby grants a non-exclusive easement for, vehicular
access to and from Parcel "A"over Parcel "B".
2. The foregoing conveyances shall be deemed consideration for the other.
08/11/2004 15:39 FAX 559 732 7160 MCMILLIN HOMES la007/010
Cross Access Agreement and Covenant Conditional Use Permit Application No.C-04-177
2300 South Cloivs Avenue Page 5
3. In consideration of the foregoing and the issuance by the City of Fresno of the
necessary permits and certificates required by law for the improvement or use of any parcel,
the undersigned hereby covenant, promise, and agree with the City for the benefit of said
City, its public property and the above property, to continue to maintain said easement until
such time as the City authorizes the release and reconveyance thereof.
4. The failure of by any of the undersigned to maintain said access easement for all
the above-described purposes shall be grounds for the revocation of the certificate of
occupancy for the use established on any or all parcels described herein, in addition to such
other penalties and remedies as may be provided by law.
5. Whenever the context hereof requires, the neuter shall include the masculine or
feminine, or both,and singular shall include the plural and vice versa.
6. It is the intention hereof that this shall constitute a covenant appurtenant to and
running with the land owned by the Covenantor, jointly and severally bound upon and inured
to the undersigned and each of its heirs, representatives, successors and assigns.
7. This document is a covenant in favor of the City and of the above-described
parcels and running with the above-described parcels.
8. This covenant shall be released and of no further effect only upon determination
by the undersigned and the Director of the City's Planning and Development Department
that its continued existence and enforcement are no longer necessary and recordation of a
written release executed by the Director of the Planning and Development Department. In
the event that the construction and acceptance of the proposed local public street that will
provide permanent public street access to Parcel "A"as proposed by Final Map No. 5258 is
perfected the covenant shall be released by the Director as noted above.
9. This Reciprocal Agreement maybe signed in counter part.
08/11/2004 15:40 FAX 559 732 7160 MCMILLIN HOMES [A 008/010
Cross Access Agreement and Covenant Conditional Use Permit Application No.C-04-177
2300 South Cloivs Avenue Page 6
DATED:
CITY OF FRESNO COVENANTORS
a Municipal Corporation PARCEL"A"&"B"
THE DICK AILANJIAN AND BETTY ROSE
AILANJIAN TRUST DATED JAN. 28, 1983
By. By
ting
vino, Director Betty Ro a Ailanjian.Truste Owner)
Pnd Development Department
APP D ORM:
By.
HILDA ANT - Y
City Attorney
(Attach Notary Acknowledgment)
08/11/2004 15:40 FAX 559 732 7160 MCKILLIN HOMES Q009/010
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
File No: 10041284525(TD)
STATE OF California )SS APN No:481-040-02
COUNTY OF c
On -Ubefore me, L16,nn- L - f tZ-LA � personally appeared
c
personally known to me (ora proved to me on the ba is 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(les)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.
s - .cam:--"-•'.E��u�
WITNESS my an officials AWSON L.MOORE
' COMM.#1282796
Signature F W NOTARYPIIBLIC•CALffORIJUI �`-"
�I SNo CouratY
My Comm.Wires Nov.2,2004
This area for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill In the data below,doing so may prove invaluable to persons relying on the
documents.
❑ INDMDUAL
Q CORPORATE OFFICER(S) TITLE(S)
❑
PARTNER(S) ❑ LIMITED ❑ GENERAL
Q ATTORNEY-IN-FACT
[� TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
Q OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT
SIGNERS)OTHER THAN NAMED ABOVE
Reproduced by First American Title insurance 1/2005
08/11/2004 15:40 FAX 559 732 7160 MCMILLIN HOMES Q010/010
CLERIC'S CERTIFICATION
STATE OF CALIFORNM )
COUNTY OF FRESNO )
CITY OF FRESNO )
On August 11, 2004 , before me, Cindy Bruer, Deputy City Clerk, personally appeared, Nick
Yovino,Director of Planning and Development Dept,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/herhheir 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. KLISCH
CITY CLERK -
:uty