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HomeMy WebLinkAboutT-5395 - Agreement/Covenant - 9/26/2005 (8) f WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, Ca 93721-3603 , : , 9�1Z31Z��5,2��5�2245Z8 W I r NO FEE - Governmeo Code 6103 U CITY OF FRESNO Zt Public Works Department P.W. File No. 10763 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY OFF-SITE STREET FACILITIES FOR TRACT NO. 5395, PHASE 2 OF VESTING TENTATIVE MAP NO. 5247 a Statement of Covenants Temporary Off-Site Street Facilities Tract No. 5395 Page 2 RECITALS WHEREAS, GRANTLAND AVENUE L.L.C., 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 La Terraza Partners, 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 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. 5395(Phase 2 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 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 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 of Covenants Temporary Off-Site Street Facilities Tract No. 5395 Page 3 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, 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 t Statement of Covenants Temporary Off-Site Street Facilities Tract No. 5395 Page 4 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 anyone 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. DATED: Statement of Covenants Temporary Off-Site Street Facilities Tract No. 5395 Page 5 CITY OF FRESNO, By: Granville Homes, Inc., a Municipal Corporation a California Corporation, as Manager DAVID D. HEALEY, Director Public Works Department . Farid A semi, President By: Michael T. Kirn, P.E., Assistant Director DEVELOPER: La Terraza Partners, LLC. ATTEST: a California Limited Liability Company REBECCA E. KLISCH, CMC By: Generation Homes, Inc. City Clerk a California Corporation, its Manager �41��` Q By: eputy w� 7 0S By. - - -`� Robert Wood, President APPROVEO-FORM`,.' HILDA CANTO-MONTY City Attorney I " (Attach Notary Acknowledgment) By: Deputy COVENANTORS OWNER: Grantland Avenue L.L.C., a California Limited Liability Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. , County of � � On before me, (� � � � I ate Name and Title 1 CVficer(e.g.,"Jane Do Notar Public") personalty appearedW � Name(s)of Signer(s) f Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence alm to be the person(s) whose name(s) is/are Commi oniIM __8 I subscribed to the within instrument and N0kVY Pubft-CaNtonMo acknowledged to me that he/she/they executed kmmCourty the same in his/her/their authorized MV comm.Expires Mom. 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. ` ignature of Notary""bw 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 Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer=Title(s): ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: - ©.1999 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•—.NationalNotary.org Prod.No.5907 Reorder:Call Tall-Free 1-800-876-6827 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On September 7,2005,before me,Elvia Sommerville, Deputy City Clerk, personally appeared, 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. W/TNESSmy hand and official City Seal. REBECCA E. KL ISCH, CMC CITY CLERK Byfi�<wC Deputy ' ,' .�"September-7;2005(1:34pm) Tract No. 5395 P.W. File No. 10763 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 16, 2005, in the office of the Fresno County Recorder, as Document No. 2005-0133085 of which the Deed of Trust in, by and between Grantland Avenue, LLC, a California Limited Liability Company, and Assemi Brothers, LLC, a California Limited Liability Company,as Trustors,Financial Title Company,a California Corporation,as Trustee,and Housing Capital Company, a Minnesota Partnership, 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: BENEFICIARY By: By: (Beneficiary to print/type Name, Title and attach Notary Acknowledgment) -cam_ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On `\ ar before me, Qv Date --^ Name and Title of Off er e. .,"Jane Doe,Not ry Pu lic") personally appeared Name(s)of Signer(s) XZersonally known to me ❑ proved to me on the basis of satisfactory evidence �convradon,f 1564=1to be the person(s) whose name(s) is/are Hokyyhim-CaNDMIC subscribed to the within instrument and FMWCOU* acknowledged to me that he/she/they executed MY the same in his/her/their authorizOMed 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. gnature o Lary PublicEvil 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 Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: p 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary-org Prod-No.5907 Reorder:Call Toll-Free 1-800-876-6827 Y.J Tract No. 5395 P.W. File No. 10763 EXHIBIT "A Legal Description for Temporary Off Site Street Facilities for Tract No. 5395 Temporary Facilities Covenant Legal Description That portion of Parcel 3 of Parcel Map No. 2159, recorded in Book 17, page 26 of Parcel Maps, Fresno County Records, also being in the Northwest Quarter of Section 9, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, described as follows: Beginning at the West Quarter corner of said Section 9; thence North 89°34'51" East, along the South line of said Northwest Quarter, a distance of 658.28 feet; thence North 0°01'48"West,along the East line of said Parcel Map No. 2159, a distance of 722.00 feet to the TRUE POINT OF BEGINNING; thence South 89°34'49"West, a distance of 11.84 feet to the beginning of a tangent curve, concave to the Southeast; thence Southwesterly along said tangent curve, having a radius of 25.00 feet, through a central angle of 46°42'49", a distance of 20.38 feet to a point of reverse curvature; thence Westerly along said reverse curve, having a radius of 45.00 feet, through a central angle of 114°30'43", a distance of 89.94 feet; thence South 89°34'49"West, a distance of 523.40 feet to the intersection with the West line of said Parcel 3; thence North 0°00'00" East, along the West line of said Parcel 3, a distance of 34.00 feet; thence North 89°34'49" East, a distance of 523.15 feet to the intersection with a non-tangent curve, concave to the Southeast whose radius point bears South 68°13'25" East; thence Northeasterly, along said non-tangent curve, having a radius of 45.00 feet, through a central angle of 43°08'51", a distance of 33.89 feet; thence North 0°01'48" West, a distance of 119.66 feet; thence North 89'58'12" East, a distance of 82.00 feet to the intersection with the East line of said Parcel 3; thence South 0°01'48" East, along the East line of said Parcel 3,a distance of 183.00 feet to the TRUE POINT OF BEGINNING.