HomeMy WebLinkAboutT-5258 - Agreement/Covenant - 12/13/2005 (6) WHEN RECORDED MAIL TO: III I IN 111111111
FRESNO County Recorder
City Clerk Robert C, Werner
City of Fresno DOC— 2005-0154620
2600 Fresno Street Acct 5-First American Title Insurance Company
Fresno, Ca 93721-3603 Tuesday, JUL 12, 2005 08:00:00
Tt I Pd $0.00 Nbr-0001881447
RGR/R7/2-11
NO FEE-Government Code 6103
CITY OF FRESNO
Public Works Department
P.W. File No. 10746
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR TEMPORARY OFF-SITE STREET
FACILITIES FOR TRACT NO. 5268, PHASE 1 OF
VESTING TENTATIVE MAP NO. 5258 AND TRACT
NO. 5295, PHASE 1 OF VESTING TENTATIVE MAP
NO. 5295
Statement of Covenants
Temporary Off-Site Street Facilities
Tracts Nos. 5258 and 5295
Page 2 w
RECITALS
WHEREAS, McMILLIN SUNNYSIDE RANCH, LLC, a Delaware Limited Liability
Company, 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 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. 5258 (Phase 1 of
Vesting Tentative Map No. 5258) and the Final Map of Tract No. 5295 (Phase 1 of Vesting
Tentative Map No.5295),hereinafter together referred to as the"Map,"requires the provision and
maintenance of temporary off-site street facilities to provide public access between truncated
street segments created by the phasing of maps pursuant to said tentative maps 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,
I
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
Tracts Nos. 5258 and 5295
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 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 orto 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,
Statement of Covenants
Temporary Off-Site Street Facilities
Tracts Nos. 5258 and 5295
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 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
Tracts Nos. 5258 and 5295
Page 5
DATED: (L2 /aS
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
McMILLIN SUNNYSIDE RANCH, LLC.,
DAVID H. HEALEY, Director a Delaware'Limited Liability Company
Public Works Department
By: McMillin Management Services, LP,
a California Limited Partnership,
BY ' -��°--�' as Manager
MICHAEL T. KIRN, P.E., Assistant Director
By: Corky McMillin Construction Services, Inc.,
as General Partner
APPROVED AS TO FORM: By; j
J s h k Leal' xecutive Vice President
HILDA CANTO-MONTY
City Atto
BY Jim W. Robinson, Vice President
Deputy
(Attach Notary Acknowledgment)
STATE OF CALIFORNIA)
ss.
COUNTY OF TULARE )
On June 6, 2005, before me, the undersigned, a notary public for the state, personally
appeared JOSEPH A. LEAL'AND JIM W.ROBINSON 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), or the entity upon behalf of which the
person(s), or the entity behalf of which the person(s)acted, executed the instrument27
WITNESS my hand and official seal S RGEQN
COMM. 1454944
NOTARY PUBLIC-CAUFOREOA
TULARE COLIPdTY
M Comm.Expues Dec.28,2007
NOTARY IGNAT RE SEAL
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO
On July 6, 2005, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
Robert Andersen,Design Services Manager, 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
0
a-
By
Deputy July 6,2005(2:37pm)
EXHIBIT "A"
APN:481-040-l l
Street Easements
LEGAL DESCRIPTION
That real property being a portion of the Northeast Quarter of Section 17,Township 14 South, Range 21
East, Mount Diablo Base and Meridian, according to the Official United States Government Township Plat
thereof,and more particularly described'as follows: .'
COMMENCING at the East Quarter Corner of the said Section 17;thence North 00°00'58"West, along the
east line of the Northeast Quarter of said Section 17, a distance of 742.83 feet;thence South 89°59'02"West,
a distance of 20.11 feet to the True Point of Beginning; thence continuing South 89°59'02"West, a distance
of 668.25 feet to the beginning of a tangent curve concave to the northeast and having a radius of 40.00 feet,
a radial line from said point bears North 00°00'58"West; thence northwesterly along said curve through a
central angle of 82°53'41", an arc distance of 57.87 feet to the beginning of a compound curve, concave to
the east and having a radius of 835.00 feet, a radial line from said point bears North 82°52'43 East; thence
northerly along said curve through a central angle of 7134'57", an arc distance of l l 0.50 feet;thence South
89°32'20"East, a distance of 20.00 feet to the beginning of a non-tangent curve concave to the east and
having a radius of 815.00 feet, a radial line from said point bears'South 89°32'30"East;thence southerly
along said curve through a central angle of 7°34'57", an arc distance of 107.86 feet to the beginning of a
compound curve concave to the northeast and having a radius of 20.00 feet, a radial line from said point
bears North 82°52'43"East; thence southeasterly along said curve through a central angle of 82°53'41"with
an arc distance of 28.94 feet; thence North 89°59'02"East, a distance of 667.85 feet;.thence South
01°09'29"East, a distance of 20.00 feet to the True Point of Beginning.
Area contains 16,413 Square Feet(0.38 acres),more or less.
EXHIBIT •B"
EAST PITT AVEMJE
12
6 4
' v
CA
cA •— N89'59'0Z"E '
S895W02*W 668.25
TRUE POINT OF EIEGEINING!'
,,g
CURVE TABLE POINT OF COMMENCEMENT
CLIW RADIUS LENGTH CHORD DELTA EAST QUARTER CORNER OF SEC 17,
Cl 40.DW 57.87' 52.95 8253'41` T145, R21E, MDBAN
C2 835. '' 110.50' 110.42' 734'57'
C3 815.00' 107.86' 107.78' 73457"
C4 20.00' 2494' 26.48' . 8253'41'
LINE TABLE .
UNE BEARING • LENGTH
LI S89591024W 20.11'
L2 '32'20'E 20.00'
L3 SD1'(19WE - 20.00'
L4 .00'
RECORD OWNER SCALE ® r- IO)r
McMILLIN SUNNYSIDE RANCH, LLC.,
111 SOUTH JOHNSON
ASAUA, CALIFORNIA 93291-6118
(559) 732—IOM '1, IAV
R.P.N.: 481-0400-I1 `?��E.� C 1,,m
INDICATES AREA TO BE USED v, a r
FOR TEMPORARY STREET PURPOSES No:6619 BARED BY.,
AREA = 16.413 S.F. E,p. 12-31-2005 Inuals _ Bmun
&Assodap
es
F OF cM1f� Cpl Egbwq nM um&"IdM
BYE eH/ClIJW 4✓I°I/O� 875 BEST ASFLAN AVENUE. 5111E 102
A 93612
15A GAOr ILE: OW 45911 CLOVE. 291 - 042727
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rw rue goo, DEPARTMENT OF PUBLIC WORKS Dad wo.
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se4 PUBLIC-STRARIT DRDLOATIOa DR.er. sM�w s„�r 110. +
PORTION OF m-E NORTI4EAST a 4zrEP OF smTION 17, cn e» (IF + SHEM
T. 14 S.R.211-.MDI.E M.TO BE DEECED.TO TWE DATE + I
15—A—
OrrY O1'I'RGSNO? OR TGAPORARY STRWT PUPPOSES Sr�uF ,•=,oD +
Tracts Nos. 5258 and 5295
P.W. File No. 10746
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on December 28, 2004 , in the office of the Fresno County Recorder
as Document No. 2004-0288618 of which the Deed of Toast in by and between:
MCMILLIN SUNNYSIDE RANCH, LLC, a Delaware Limited Liability Company as Trustor,
PRLAP, INC
as Trustee, and
BANK OF AMERICA, NATIONAL ASSOCIATION , as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Statement of Covenants Affecting Land Development for Temporary Off-Site Street
Facilities for Tract No. 5258, Phase 1 of Vesting Tentative Map No. 5258 and Tract No. 5295,
Phase 1 of Vesting Tentative Map No. 5295.
DATED: 6 —9-0 s
BENEFICIARY
BANK OF AMERICA, NATIONAL ASSOCIATION
By: G
140'.4AW V. t-tokJTew, SR. vice- pQ %VC*j%
By:
CA94A A.. WOGS, 471Z. V IcLe FW I PW
(Beneficiary to printhype document information,Name,
Title and attach Notary Acknowledgment)
Acknowledgment
STATE OF CALIFORNIA }
} ss .
COUNTY OF SAN DIEGO }
On June _8 , 2005 , before me, Peggy J. French, Notary
Public, personally appeared RONALD V. MONTORO and
CARLA A. WELLS, personally known to me or proved to me on
the basis of satisfactory evidence to be the persons whose
name are subscribed to the within instrument and
acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the
instrument the persons, or the entity upon behalf of which
the persons acted, executed the instrument.
WITNESS my hand and official seal .
Peggy J. 'Fr'encTi
Notary Public in and for said
County and State pEGGy�. FRENCH
My Commission Expires :January 8, 2007 .� COmmisyon# i3896b0
Commission #1389660 Notary public _ California
Son Diego County
hmy Com.Eames Jan 8.2007