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HomeMy WebLinkAboutT-5325 - Agreement/Covenant - 10/27/2005 (4) go Y- �F � e WHEN RECORDED MAIL TO: City Clerk City of.Fresno 2600 Fresno Street Fresno, Ca 93721-3603 ! 1012612005,20050252918 LLJ Ck= nom.. NO FEE - Government Code 6103 O O Z CITY OF FRESNO U Public Works Department P.W. File No. 10780 STATEMENT OF COVENANTS , AFFECTING LAND DEVELOPMENT FOR TEMPORARY OFF-SITE STREET FACILITIES FOR TRACT NO. 5325 Statement of Covenants Temporary Off-Site Street Facilities Tract No. 5325 Page 2 RECITALS WHEREAS, Fresno Parks Communities, LLC, a California Limited Liability Company, hereinafter referred to as the "Owner," of the real property situated in the City of Fresno, County of Fresno,,State of California, and Century Developers, LLC, a California Limited Liability Company , 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 Exhibit "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 forthe Final Map of Tract No. 5325, hereinafter 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 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, usefulness, value, desirability, and safety of the Subject Property, the surrounding property, and Statement of Covenants Temporary Off-Site Street Facilities Tract No. 5325 Page 3 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 injuries to and deaths of persons, and all claims, demands, costs, loss damage and liability, Statement of Covenants Temporary Off-Site Street Facilities Tract No. 5325 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 Tract No. 5325 Page 5 DATED: CITY OF FRESNO, COVENANTORS a Municipal Corporation. Owner: Fresno Parks Communities, LLC, DAVID D. HEALEY, Director a California Limited Liability Company Public Works Department By: y � Michael T. Kirn, P.E., Assistant Director y: 77z T Spgte, Manager DEVELOPER: APPROVED AS TO FORM: Century Developers, LLC, a California Limited Liability Company HILDA CANTU-MONTY City Att ey By Deputy 4Le rado, President (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Fresno On August 24, 2005 before me, Rosa M. Milan, Notary Public , Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Leonel Alvarado Name(s)of Signer(s) E personally known to me - ' ❑ proved to me on the basis of satisfactory evidence to be the person(a) whose name(e) is/are subscribed ROSA M.MIM to the within instrument and acknowledged to me that on*1.481722, he/shaAlaay executed the same in his/heF14hetr NbkffyAunv authorized capacity(+es), and that by his/heFAh OHOsignature(p' on the instrument the person(s), or the M►► an•Ex�NeaAQr9'24J entity upon behalf of which the person(f) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Aboveet Signature of Notary Public 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—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General ❑ Attorneyin Fact • Top of thumb here El in Fact El Trustee El Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Fresno. On August 31, 2005 before me, Rosa M. Milan Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Tim Spate Name(s)of Signer(s) ❑ personally known to me Z proved to me on the basis of satisfactory evidence to be the person(af whose namef g) is/arm subscribed ROSA M.IIIIAIAN to the within instrument and acknowledged to me that 11461722Wfty- .� f he/zheAboy executed the same in his/IRerft'h it 6=0 CW* authorized capacity(06), and that by his/he#their 116,MVcomm.Dow p[9.2 signature(s) on the instrument the persoW, or the entity upon behalf of which the person jai acted, executed the instrument. _ NESS my hand and offic' I seal. Place Not Seal Above Signature of Notary Public 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—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General IF Legig Mly q. ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Attorney In Fact .Top of thumb here ❑ Trustee ❑ Trustee • Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800.876-6827 Tract No. 5325 P.W. File No. 10780 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded'on FygF, -u�R I p , 2 in the office of the Fresno County Recorder as Document .No. o.F2- - 32.4--70 of which the Deed of Trust in by and between: No F^'R10c C-014M UN IT ICS , N-6' as Trustor, i NU as Trustee, and SrAzI' +I kA4,4U J!1-L , I NC-• 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. DATED: /.I13/,S BENEFICIARY B /at ci►�lo�; J� . By: KAP (Beneficiary to print/type Name, Title and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Gi/A rri r County of —Sin V--, On � before me, / N e and Title of Offic (e.g.,"Jane Doe,Ncftary Public") personally appeared 4f�'ti r by, —� Name(s)of Signer(s) ❑ personally known to me -OR- E� proved to me on the basis of satisfactory evidence to be the person) whose name�sk is/alae, subscribed to the within instrument and SHERRY DAVIS acknowledged to me that IP*/she/NP y executed . the same in F COMM.#1463543 iS/her/keir authorized capaclity(tes�, and that by Ni her/*ir ry _ Notary Public-California cn slgnature`(�) on the instrument the person or the entity upon W SAN LUIS OBISPO COUNTY My Comm.Exp.Jan 17,2oos behalf of v0ich the person) acted, executed the instrument. WITNESS y hand and icial se�. Signature of N ry Public ----------------------------------------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 El Titles(s): ❑ Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner-❑ Limited ❑ General. ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ TrusteeElTrustee ❑ Guardian or Conservator . ❑ Guardian or.Conservator MAN 1111- r_1 Other: Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: Signer Is Representing: CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On September 27, 2005,before me, Elvia Sommerville, Deputy City Clerk, personally appeared, M.T. (Michael T.) Kirn,Assistant 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 By � (- Deputy - September 27;2005(12:40pm) 4 4w P 1 k. Tract No. 5325 EXHIBIT "A" P.W. No. 10780 APN: 311-032-73 (Portion) That portion of the North half of the Northwest quarter of the Southeast quarter of Section 15, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, being more particularly described as follows: Commencing at the center quarter corner of said Section 15; thence South 00°00'04"East, along the West line of the Southeast quarter of said Section 15; a distance of 330.87 feet,to the Northwest corner of the South half of the North half of the Northwest quarter of the Southeast quarter of said Section 15; thence South 89°56'36"East, along the North line of said South half, a distance of 165.09 feet,to the True Point of Beginning; thence South 00'03'16"East, a distance of 101.00 feet; thence North 89°56'36"East, along a line parallel with and 101.00 feet South of said North line, a distance of 82.00 feet; thence North 00'03'15"West, a distance of 101.00 feet, to said North line; thence South 89°56'36"West, along said North line, a distance of 82.00 feet, to the True Point of Beginning. Containing an area of 8,282 square feet, more or less. CENTER 1/4 CORNER SECTION 15-13/19,3/4" I.P., I `W/2-2' TIES, TAGGED "RCE 19789", C.R. 5488 / CENTER _ _ _ _ WEST GETTYSBURG.AVENUE _ N89'55'50"E 2624.42'— — — — — — — — — II POC EAST 1/4 CORNER SECTION 15-13/19 I - FD. F.C.B.C.M.-,DN. 3" C.R. 3970 I I 41 42 43 44 I w I SEN 5� w zI `0 (F PG Z oto — ^I Qto Nto I� QUI awl I 3a �� ZW� of I � awl 38 37 ✓6 Uo zZl �N 35' L _ c N89 5609 E_ fI y Z I TPOB NW COR, S 7¢, NX, ,,� NORTH LINE, S X,�N X, I, SE X4, SEC 15-1-349 —' SE A, SEC. 15-1 19 I� I SOUTHEAST CORNER SECTION N 15-13/19 FALLS ON MANHOLE, L2 POSITION ESTABLISHED PER TIES ON FILE WITH FRESNO COUNTY SURVEYOR. CR. 6119 1 WEST ASHLAN AVENUE — — — — --- — S89'S7'S5"E 2630.90'�– — — — — — — — — -- BASIS OF BEARING SOUTH 1/4 CORNER SECTION 15-13/19, FALLS ON MANHOLE, POSITION ESTABLISHED PER TIES ON FILE WITH FRESNO COUNTY SURVEYOR. CR. 5602 �oQRoFESSioNq LINE TABLE �c�,`r Q�� D. y0�Fti� LEGEND: LINE I LENGTH BEARING co Z z INDICATED AREA L1 101.00' SOO'03'15"E w m TO BE DEDICATED L2 82.00' N8956'36"E cr No. 30501 A FOR TEMPORARY L3 - 101.00' N00'03'15"W Exp. 3/31/06 AC TURN–AROUND L4 82.00' S89'S6'36"W �y CIVIL �t'�P10 PURPOSES TF of cn��Fo BASIS OF BEARINGS I' THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION SCALE: 1" = 100' 15. T.13S., R.19E., MOUNT DIABLO BASE & MERIDIAN, TAKEN AS N8957'55"W PER RECORD OF SURVEY, RECORDED IN BOOK 31 OF SURVEYS AT PAGE 19, F.C.R. 0 50 100 200 REF. & REV. PROJCITY OF FRESNO FUND ID. FN0. PW FILE No. 10698 DEPT. OF PUBLIC WORKS PLAT No. 3062EXHIBIT �'B" CK SHEET No. T-5210 DR. BY: 2005-051 GRANT OF EASEMENT FOR CH. BY: oF��sHEETs STREET TURN-AROUND PURPOSES DATE SCALLEE AAS 05 S NOTED 15-A- OT 148 rJ-A- 04-148 TURN—ARNO—EASE.dw9 [ Exhibit 1181,