HomeMy WebLinkAboutT-5352 - Agreement/Covenant - 10/18/2006 (6) a
WHEN RECORDED MAIL TO:
City Clerk 10/11/2006120060217147
City of Fresno rl g
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2600 Fresno Street �f
M Fresno, Ca 93721-3603
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CITY OF FRESNO
Public Works Department
P.W. File No. 10895
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR TEMPORARY ON-SITE STREET
FACILITIES FOR THE FINAL MAP OF TRACT NO. 5352,
PHASE 1 OF TENTATIVE MAP NO. 5352
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Statement of Covenants
Temporary On-Site Street Facilities
Tract No. 5352
Page 2
RECITALS
WHEREAS, CENTEX HOMES., a Nevada Partnership, hereinafter referred to as the
"Covenantor," hereinafter referred to as the "Subject Property" and more particularly described in
the attached Exhibits A (legal description) and B (drawing), 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 Tentative Map of Tract No. 5352, hereinafter
referred to as the "Map," requires the provision and maintenance of temporary on-site street
facilities to provide a public turnaround on the Subject Property, on West Acacia Avenue until such
time that permanent street facilities are available on the Subject Property; 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
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.
Statement of Covenants
Temporary On-Site Street Facilities
Tract No. 5352
Page 3
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,
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,
I
Statement of Covenants
Temporary On-Site Street Facilities
Tract No. 5352
Page 4
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.
0
Statement of Covenants
Temporary On-Site Street Facilities
Tract No. 5352
Page 5
DATED: 64 I3
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
Centex Homes, a Nevada General Partnership
DAVID D. HEALEY, Director
Public Works Department BY: Centex Real Estate Corporation,
a Nevada Corporation, as Managing General Partner
By: t Nom" By:
Michael T. Kirn, P.E., Assistant Director Scott Travis, Division Controller
Central Valley Division
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
d9T--
By
Deputy
(Attach Notary Acknowledgment)
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STATE OF CALIFORNIA )
ss.
COUNTY OF TULARE )
On May 24, 2006, before me, V C Patton, Notary Public,
Personally appeared Scott Travis
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) acted, executed the instrument.
WITNESS my hand and official seal.
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Signature �,ydw f 1615"?
Noloy FuM-Calla ftd
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MyComm.�tNovtl,
(SEAL)
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On dune 15. 2006, before me, Elvia Sommerville, Deputy Cily Clerk, personally appeared,
Michael T. Kim, P.E. Assistant Public Works Director, 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 be 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, executed
the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK, CMC
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Byz,a�
Deputy
APN 311-060-81 (Portion)
Temporary Street Covenant
EXHIBIT "A"
A portion of the Northwest quarter of Section 16, Township 13 South, Range 19 East, Mount Diablo
Base and Meridian, in the County of Fresno, State of California, more particularly described as
follows:
COMMENCING at the Northwest corner of Lot 8 of Tract No. 3314 recorded in Volume 37 of Plats
at Pages 50 and 51, Fresno County Records;
Thence North 00001'28" East, along the West line of the East half of the Northwest quarter of said
Section 16, a distance of 215.74 feet;
Thence North 60001'23" East, a distance of 2.35 feet to the TRUE POINT OF BEGINNING;
Thence North 60001'23" East, a distance of 101.00 feet to the beginning of a tangent curve concave
Northwesterly and having a radius of 25.00 feet;
Thence Northeasterly along said curve, through a central angle of 59059'55", an arc distance of
26.18 feet;
Thence North 00°01'28" East, a distance of 6.71 feet to a point on the arc of a non-tangent curve,
concave Northwesterly and having a radius of 19.50 feet, a radial to said point bears
South 45051'40" East;
Thence Westerly along said curve, through a central angle of 45°51'40", an arc distance of 15.61
feet;
Thence North 90°00'00" West, a distance of 40.51 feet to the beginning of a tangent curve concave
Southeasterly and having a radius of 45.50 feet;
Thence Southwesterly along said curve, through a central angle of 90°00'00", an arc distance of
71.47 feet;
Thence South 00000'00" West, a distance of 27.40 feet to the TRUE POINT OF BEGINNING.
Contains an area of 3,954 square feet, more or less. �oNA&LANo
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CL Ex ires o
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No. 7985
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2006-027
Exhibit "B"
4
T-5352
L:Projects\2004\04574\Legals\temp turnaround Easement Legal.doc
LEGEND
A SECTION CORNER FOUND AS
DESCRIBED
M AREA OF TEMPORARY COVENANT TO 39
THE CITY OF FRESNO FOR TEMPORARY \"o.
STREET PURPOSES CONSISTING OF o 34
3,954 SQUARE FEET, MORE OR LESS.
C.R. CORNER RECORD ON FILE WITH of
THE FRESNO COUNTY SURVEYOR V)[,.- L1 C L4 _
F.C.R. FRESNO COUNTY RECORDS N89 58'32 (R)
(R) RADIAL BEARING
S90100'0
IN60.01'23 E
I 2.35 TRUE POIN
RUE P OF
\ OF BEGINNING 37
_ BEGINNING TRACT 5352
VOL. PLATS, PGS. ,F.C.R.
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NO. 7985 z 35 I vW, o CE
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b POINT OF Q Z N
COMMENCEMENTI p=r o;m W
SCALE: 1"= 60' °p LOT 8 \N
eW TRACT 3314 I z �W z
0o VOL. 37 PLATS, PGS. 50-51,F.C.R. v co w N
WEST 114 CORNER SECTION N
16-13/19. FD. 1" IRON PIPE, o
FLUSH, TAGGED LS 5096. Z NW CORNER OF LOT 8,
VERIFIED TIES PER C.R. 6623. �i TRACT NO. 3314
1319.04' 1319.04'
Y N 895744" E 2638.09'— — z
GETTYSBURG AVENUE (ALIGNMENT)
00.1
LINE TABLE
LINE LENGTH BEARING z
L1 40.51 N90'00'00"W CURVE TABLE
L2 27.40 S00'00'00"W CURVE LENGTH RADIUS DELTA
L3 101.00 N60'01'23"E C1 71.47 45.50 90'00'00"
L4 6.71 N00'O 1'28 E C2 26.18 25.00 595955-
C3 15.61 19.50 45'51'40-
L•\Projects\2004\04574\ACRD\EXHIBITS\Temp Tumaround.dwq 4/26/2006 9:28:14 AM PST
REF & REV CITY OFFIVEOW PROD. ID.
PW FILE NO. 10895 FUND.
DEPARTMENT OF PUBLIC WORKS ORG.G. NO.
PLAT NO. 1742 EXHIBIT "B"
2006-0202 7 DR. BY AMM SHEET 1 OF 1
T-5352 CH. BY AMM
AREA OF COVENANT DATE 4/26/06
SCALE AS SHOWN