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HomeMy WebLinkAboutT-5511 - Agreement/Covenant - 6/26/2007 WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 06/22/2007,20070122529 NO FEE-Government Code 6103 t� CITY OF FRESNO Planning and Development Department tj_ P.W. File No. 11132 C-D JAF: 2148, 2156, 2164, 2172, 2180, 2276, 2284, 2292, 2295, 2302, 2303, 2310 South Villa Avenue 5320 East Audrie Avenue 5339, 5343, 5347 East Florence Avenue 5313, 5317, 5321 East Lorena Avenue AGREEMENT FOR EARLY ISSUANCE OF MODEL HOME BUILDING PERMITS.TRACT NO. 5511 Agreement for Early Issuance of Model Home Building Permits Tract No. 5511/UGM Page 2 THIS AGREEMENT is made this 30" day of May , 2007, by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as the "City," and Beazer Homes Holdings Corporation, a Delaware Corporation, hereinafter referred to as the "Developer," without regard for number or gender. RECITALS A. The Developer owns real property situated in the County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described in EXHIBIT"A,"attached hereto and made a part of this Agreement,which is generally located on the west side of South Minnewawa Avenue between East Church Avenue and the East California Avenue alignment. B. The Developer 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 all such instruments of Subordination, if any, are attached hereto and made apart of this instrument. C. The Developer has filed and the City of Fresno has approved, a Vesting Tentative Map No. 5511 on the Subject Property. Additionally, the Developer has filed a Final Map of Tract No. 5511 hereinafter referred to as the "Final Map" pursuant to said Tentative Map, which will be presented for City Council action. D. The Developer is requesting the issuance of building permits to construct model homes on the Subject Property prior to the approval and recording of the Final Map. E. Such building permits will be issued and inspected in accordance with City of Fresno codes and regulations. F. The Developer has filed building plans and has requested that the City issue building permits for model homes on the portion of the Subject Property which correspond to the lots to be created by the Final Map as follows: Agreement for Early Issuance of Model Home Building Permits Tract No. 5511/UGM Page 3 Lot 41, 2295 South Villa Avenue Lot 58, 2172 South Villa Avenue Lot 42, 2303 South Villa Avenue Lot 59, 2164 South Villa Avenue Lot 43, 2310 South Villa Avenue Lot 60, 2156 South Villa Avenue Lot 44, 2302 South Villa Avenue Lot 61, 2148 South Villa Avenue Lot 45, 2292 South Villa Avenue Lot 106, 5339 East Florence Avenue Lot 46, 2284 South Villa Avenue Lot 107, 5343 East Florence Avenue Lot 47, 2276 South Villa Avenue Lot 108, 5347 East Florence Avenue Lot 55, 5317 East Lorena Avenue Lot 170, 5321 East Lorena Avenue Lot 56, 5313 East Lorena Avenue Lot 171, 5320 East Audrie Avenue Lot 57, 2180 South Villa Avenue G. The City is unwilling to permit such construction or inspect same without assurance that no vested rights or entitlements will be conferred by the early issuance of such model home building permits or by the acceptance of such construction upon inspection. H. The Developer acknowledges that such improvements will be accepted by the City only if they comply with all applicable City standards, codes, and ordinances, provided, and in no case shall acceptance of such improvements be complete until the Final Map is approved by the Fresno City Council and duly recorded. I. Developer understands and acknowledges that the improvements described herein shall be subject to acceptance or rejection by the City upon inspection thereof, and upon the terms and conditions contained herein. J. It is extremely important to the Developer that the building permits for the model homes be issued as soon as possible. K. The action for the approval of the Final Map by the City of Fresno is not expected to be finalized for up to one hundred twenty (120) days. Agreement for Early Issuance of Model Home Building Permits Tract No. 5511/UGM Page 4 AGREEMENT In consideration of the foregoing,the early issuance of building permits forthe model homes and the promises and covenants herein contained, the undersigned agree: 1. Should the City of Fresno fail to approve the Final Map for any reason within one hundred twenty(120) days of the execution of this Agreement, the Developer shall, within ten (10) days after written notice from the Director of the Planning and Development Department of the City of Fresno, remove from the Subject Property any improvements or construction placed or constructed pursuant to the building permits issued for the model homes; and Developer shall restore the Subject Property to its prior condition. 2. Should the Developer fail to comply with the provisions of Paragraph 1 above, the City of Fresno, or any of its duly authorized officers, employees or agents, are unconditionally permitted to enter upon the Subject Property and accomplish such removal and restore the Subject Property to its prior condition. 3. Should the City of Fresno cause such removal under the provisions of Paragraph 2 hereof,the Developer shall hold harmless and defend the City,its officers,employees and agents from any claims, lawsuits, costs, liability, damages or expenses, including costs of suit and fees and expenses for legal services, on account of any damages claimed by any reason to have occurred by reason of such removal. 4. To assure the promises herein contained, the Developer shall deliver to the City of Fresno the sum of One-Thousand Dollars($1,000)per model home for a total amount of Nineteen Thousand Dollars ($ 19,000 ) evidenced by Certificate of Deposit made payable to the City of Fresno. This deposit may be used by the City to defray all or part of the costs and expenses of removal with any balance to be returned to the Developer. After the action by the City approving the Final Map and the recording of that Final Map, the deposit will be returned to the Developer. 5. Any costs and expenses of removal exceeding the above stated amount of security, which are stated in writing with a description of the Subject Property by an officer of the City, and recorded in the County Recorder's office, shall be a lien on the Subject Property and appurtenances running in favor of the City of Fresno. Agreement for Early Issuance of Model Home Building Permits Tract No. 5511/UGM Page 5 6. The Developer has paid the fees and charges due as a condition of approval of this Agreement for the model homes as follows: Wastewater Facilities Charge 19 Lots @ $ 2,119 /Lot $ 40,261.00 Service Connection Charges-Water Meters per Lot Lots 41-47, 55-61, 106-108, 170, 171 19 - 1.5" Meters @ $455/each $ 8,645.00 Total Fees and Charges Due $ 48,906.00 7. The obligations of the Developer provided in this Agreement are joint and several. 8. This Agreement shall in no way whatsoever be construed as the granting by the City of any rights to the Developer to trespass upon land rightfully in the possession of, or owned by, another, whether such land be privately or publicly owned. 9. No vested rights or entitlements are conferred by the issuance of this early construction permit or by acceptance of any improvements constructed thereunder. 10. Indemnification. To the furthest extent allowed by law, Developer shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability,fines, penalties,forfeitures, costs and damages(whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Developer or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement or the performance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this Agreement. Developer's obligations under the preceding sentence shall apply regardless of whether Developer or any of its officers, officials, Agreement for Early Issuance of Model Home Building Permits Tract No. 5511/UGM Page 6 employees or agents are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the active negligence or by the willful misconduct of City or any of its officers, officials, employees, agents or volunteers. If Developer should subcontract all or any portion of the services to be performed under this Agreement, Developer shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraphs. This section shall survive termination or expiration of this Agreement. 11. Throughout the life of this Agreement, Developer shall pay for and maintain in full force and effect all policies of insurance described in this section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) authorized by CITY'S Risk Manager. The following policies of insurance are required: (i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office(ISO)Commercial General Liability Coverage Form CG 00 01 and shall include insurance for"bodily injury","property damage"and"personal and advertising injury"with coverage for premises and operations(including the use of owned and non- owned equipment), products and completed operations, contractual liability (including imdemnity obligations under this Agreement),with limits of liability of not less than $5,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury and $5,000,000 aggregate for products and completed operations. (ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office(ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 —Any Auto) , with combined single limits of liability of not less than $5,000,000 per accident for bodily injury and property damage. (iii) POLLUTION LIAIBLITY insurance with limits of liability of not less than$5,000,000. (iv) WORKERS' COMPENSATION insurance as required under the California Labor Code. Agreement for Early Issuance of Model Home Building Permits Tract No. 5511/UGM Page 7 (v) EMPLOYERS' LIABILITY with minimum limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. Developer shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Subdivider shall also be responsible for payment of any self-insured retentions. The above described policies of insurance shall be endorsed to provide an unrestricted 30 calendar day written notice in favor of City of policy cancellation of coverage, except for the Workers' Compensation policy which shall provide a 10 calendar day written notice of such cancellation of coverage. In the event any policies are due to expire during the term of this Agreement, Developer shall provide a new certificate evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, Developer shall file with City a new certificate and all applicable endorsements for such policy(ies). The General Liability, Automobile Liability and Pollution Liability insurance policies shall be written on an occurrence form and shall name City, its officers, officials, agents, employees and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Developer's insurance shall be primary and no contribution shall be required of City. Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents, employees and volunteers. Developer shall have furnished City with the certificate(s) and applicable endorsements for ALL required insurance prior to City's execution of the Agreement. Developer shall furnish City with copies of the actual policies upon the request of City's Risk Manager at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement. Agreement for Early Issuance of Model Home Building Permits Tract No. 5511/UGM Page 8 If at any time during the life of the Agreement or any extension, Developer fails to maintain the required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to Developer shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. If Developer should subcontract all or any portion of the services to be performed under this Agreement, Developer shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Developer and City prior to the commencement of any work by the subcontractor. 12. The foregoing shall burden the Subject Property described and constitute a covenant running with the land in favor of and for the benefit of the City of Fresno and its property; be enforceable by the City by any legal or equitable means; and shall be binding upon the successor, assigns, transferees, and heirs of the Developer. In the event the City Council approves the Final Map and the Final Map is duly recorded, the foregoing deposit shall be returned to the Developer and this Agreement shall be of no further force and effect. Agreement for Early Issuance of Model Home Building Permits Tract No. 5511/UGM Page 9 CITY OF FRESNO, DEVELOPER: a Municipal Corporation Beazer Homes Holdings Corporation, a Delaware Corporation. Planning and Development Department Nick P. Yovino, Director By: By: Walter Diamond Ke Bergthold, 4stairector Market Manager, Fresno Division (Attach Notary Acknowledgment) APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney - Y J,9,An W. Fox, Deputy City Attorney Date: D l CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I'"^P�h ss. County of 1'� No On -iru__ v2-� before me, � rosc,_ G �� 1 1f1 � ate `' -� Name a�Title of O is e.g.,"Jane Doe,Nota Public") personally appeared UV JJictI'Yl�/Y.� Name(s)of Signer(s) �rsonally known to me ❑ 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 RM E.LONG authorized capacity(ies), and that by his/her/their Cion#1aWomi signature(s)natures on the instrument theperson(s), or the tNday Puwic-CaitNomto g ( > Fresno Canty entity upon behalf of which the person(s) acted, Folcomm.t9pkwDea18.2 executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signatud of Notgoublic 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 current Title or Type of Document: ^ ,� ell Document Date: 30 /V12�1 =200 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claime by Si ner(s) /� Signer's Name: w�t /Gw6nU' Signer's Name: ❑ Individual �p El Individual ®'Corporate Officer—Title(s): EV/ c C_ AO e_ ❑ Corporate Officer—Title(s): ❑ Partner—El Limited El General eft" ❑ Partner—❑ Limited ❑ G eral ❑ Attorney in Fact Top of thumb here El in Fact - -- ❑ ❑ .Trustee Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or nservator ❑ Other: ❑ Other: Signer Is Representing Sign ; Representing: YYl2_ ©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 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO) On June 22, 2007, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Keith Berqthold, Assistant Planning and Development 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 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. REBECCA E. KLISCH CITY CLERK, CMC 0 By Deputy a J EXHIBIT A Agreement for Early Issuance of Model Home Building Permits for Tract No. 5511 Real property in the City of FRESNO, County of FRESNO, State of California, described as follows: THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 14 SOUTH, RANGE 21 EAST, M. D. B. & M. IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17, SAID POINT BEING ON THE WEST LINE OF PARCEL 2 OF PARCEL MAP NO. 4359, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 30 OF PARCEL MAPS AT PAGE 41, FRESNO COUNTY RECORDS; THENCE NORTH 01029'36"WEST ALONG THE WEST LINE OF SAID PARCEL 2, A DISTANCE OF 992.07 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE BOUNDARY OF SAID PARCEL 2, THE FOLLOWING COURSES: NORTH 89°27'06" EAST, A DISTANCE OF 799.58 FEET; THENCE SOUTH 01143'00" EAST, A DISTANCE OF 579.81 FEET; THENCE NORTH 88017'00" EAST, A DISTANCE OF 530,00 FEET; THENCE SOUTH 01043'00" EAST, A DISTANCE OF 310.00 FEET; THENCE SOUTH 88117'00"WEST, A DISTANCE OF 342.22 FEET; THENCE SOUTH 01043'00" EAST, A DISTANCE OF 200.00 FEET; THENCE NORTH 88017'00" EAST, A DISTANCE OF 342.22 FEET; THENCE SOUTH 01043'00" EAST, A DISTANCE OF 940.44 FEET TO A POINT ON THE CENTERLINE OF FANCHER CREEK; THENCE WESTERLY ALONG THE CENTERLINE OF SAID FANCHER CREEK THE FOLLOWING COURSES: NORTH 65041'08"WEST. A DISTANCE OF 951.50 FEET; THENCE NORTH 85105'45" WEST. A DISTANCE OF 66.29 FEET; THENCE SOUTH 65008'55"WEST, A DISTANCE OF 133.70 FEET; THENCE SOUTH 29008'29"WEST, A DISTANCE OF 20.38 FEET; THENCE SOUTH 58132'25"WEST, A DISTANCE OF 24.50 FEET; THENCE SOUTH 53053'54" WEST, A DISTANCE OF 51.44 FEET; THENCE SOUTH 60022'50"WEST, A DISTANCE OF 51.55 FEET; THENCE SOUTH 70°30'10 WEST, A DISTANCE OF 56.99 FEET; THENCE SOUTH 761151'49"WEST, A DISTANCE OF 56.40 FEET; THENCE SOUTH 77°36'00"WEST A DISTANCE OF 63.82 FEET; THENCE SOUTH 79016'01" WEST, A DISTANCE OF 0.66 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL 2; THENCE NORTH 01029'16"WEST, ALONG THE WEST LINE OF SAID PARCEL 2, A DISTANCE OF 805.11 FEET TO THE POINT OF BEGINNING. . EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY; THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF.CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT A 2 INCH IRON PIPE MARKING THE NORTH QUARTER CORNER OF SAID SECTION 17; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17, SOUTH 01003'14" EAST, A DISTANCE OF 2,035.44 FEET TO THE INTERSECTION WITH THE CENTERLINE OF THE FRESNO IRRIGATION DISTRICT CENTRAL CANAL NO. 23, ALSO KNOWN AS FANCHER CREEK; THENCE LEAVING SAID EAST LINE AND ALONG SAID CENTERLINE OF THE CENTRAL CANAL NO. 23, NORTH 65001'36" WEST, A DISTANCE OF 25.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTERLINE THE FOLLOWING ELEVEN COURSES: 1) NORTH 65001'36"WEST, A DISTANCE OF 925.75 FEET; THENCE 2) NORTH 84026'13"WEST, A DISTANCE OF 66.29 FEET; THENCE 3) SOUTH 65048'27"WEST, A DISTANCE OF 133.70 FEET; THENCE 4) SOUTH 29048'01"WEST, A DISTANCE OF 20.38 FEET; THENCE 5) SOUTH 59011'57" EXHIBIT A continued Agreement for Early Issuance of Model Home Building Permits for Tract.No. 5511 WEST, A DISTANCE OF 24.50 FEET; THENCE 6) SOUTH 54033'26"WEST, A DISTANCE OF 51.44 FEET; THENCE 7) SOUTH 61002'22"WEST, A DISTANCE OF 51.55 FEET; THENCE 8) SOUTH 71009'42"WEST, A DISTANCE OF 56.99 FEET; THENCE 9) SOUTH 77031'21"WEST, A DISTANCE OF 56.40 FEET; THENCE 10) SOUTH 78015'33" WEST, A DISTANCE OF 63.82 FEET; THENCE 11) SOUTH 79055'33"WEST, A DISTANCE OF 0.66 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 17, SAID POINT ALSO BEING AN ANGLE POINT ON THE NORTHERLY SIDE OF OUTLOT"A"OF TRACT NO. 5235, FILED FOR RECORD IN VOLUME 73 OF PLATS,AT PAGE 97-106, FRESNO COUNTY RECORDS, SAID POINT BEING 43.34 FEET SOUTHERLY OF THE SOUTHEAST CORNER OF LOT 59 OF SAID TRACT NO. 5235; THENCE ALONG THE WEST LINE OF SAID EAST HALF, NORTH 00050'04"WEST, A DISTANCE OF 43.34 FEET; THENCE NORTH 73004'29" EAST, A DISTANCE OF 158.10 FEET; THENCE NORTH 59026'55" EAST, A DISTANCE OF 237.04 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 150.00 FEET; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 59048'15", AN ARC DISTANCE OF 156.57 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 980.00 FEET, THROUGH A CENTRAL ANGLE OF 04008'56", AN ARC DISTANCE OF 70.96 FEET; THENCE SOUTH 64053'45" EAST, A DISTANCE OF 800.64 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 25.00 FEET; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 48018'36"1 AN ARC DISTANCE OF 21.08 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 225.00 FEET, A RADIAL THROUGH SAID POINT BEARS NORTH 78041'03" EAST; THENCE SOUTHERLY ALONG LAST SAID NON-TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 10015'42", AN ARC DISTANCE OF 40.30 FEET; THENCE SOUTH 01003'14" EAST, A DISTANCE OF 12.89 FEET TO THE TRUE POINT OF BEGINNING. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN. SAID LINE IS TAKEN TO BEAR SOUTH 01003'14" EAST. ALSO EXCEPTING THEREFROM ONE-QUARTER OF ALL THE OIL, GAS, HYDROCARBON SUBSTANCES AND MINERALS IN; UNDER AND WHICH MAY BE PRODUCED FROM SAID REAL PROPERTY, AND ONE-QUARTER OF ALL THE ROYALTIES, PAYMENTS, RIGHTS AND BENEFITS RESERVED TO THE LESSOR IN ANY OIL, GAS OR MINERAL LEASE OF SAID LAND, AND THE RIGHT TO ENTER UPON SAID REAL PROPERTY AND TO EXPLORE AND PROSPECT FOR AND STORE AND REMOVE SAID OIL, GAS, HYDROCARBONS AND MINERALS THEREFROM AND THE RIGHT TO CONSTRUCT AND MAINTAIN ON SAID LAND SUCH ROADS, PIPE LINES, TELEPHONE LINES, TANKS, BUILDINGS AND OTHER APPURTENANCES AS MAY BE REASONABLY NECESSARY OR INCIDENTAL TO SUCH OPERATIONS, AND TO EXERCISE SUCH OTHER RIGHTS, INCLUDING THE RIGHT OF INGRESS AND EGRESS, AS MAY BE REASONABLY NECESSARY OR INCIDENTAL THERETO, AS RESERVED IN THE DEED FROM MILTON G. COOPER &SON, INC., A CORPORATION, TO M. DUCEY AND MABLE DUCEY, HUSBAND AND WIFE, AS JOINT TENANTS, DATED MARCH 21, 1945, RECORDED MARCH 22, 1945 AS INSTRUMENT NO. 11687, OFFICIAL RECORDS. . P.W. File No. 11132