HomeMy WebLinkAboutT-5511 - Agreement/Covenant - 12/5/2007 WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, Ca 93721-3603
11/20/.2007120070209041
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0CITY OF FRESNO
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STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR EMERGENCY ACCESS
FACILITIES FOR THE FINAL MAP OF TRACT NO. 5511
Statement of Covenants
Emergency Street Facilities
Tract No. 5511
Page 2
RECITALS
WHEREAS, BEAZER HOMES HOLDINGS CORP., a Delaware Corporation, hereinafter
referred to as the "Covenantor," without regard to number or gender, is the owner of certain real
properties in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the
"Subject Property" and more particularly described as:
Outlot "A", of Tract No. 5511 according to the map thereof recorded
on /UaVr»?bu- 0 , 201D'2 in Volume 80
of Plats at Pages /3 Aru /? , Fresno County Records; 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 delivery of fire protection services by the Fresno
City Fire Department for Tentative Map No. 5511/UG M, hereinafter referred to as the
"Tentative Map" requires the provision and maintenance of two points of access to each lot in a
subdivision; and
WHEREAS, the Covenantor, has elected to provide an emergency access facilities to the
Tentative Map from South Minnewawa Avenue by way of an access over the Subject Property; and
WHEREAS, Owner has agreed to grant an access way over the Subject Property to
complete an emergency access facility from South Minnewawa Avenue to the Tentative Map; and
WHEREAS, the Covenantor and the City of Fresno desire to enter into an agreement
providing for such emergency access facilities.
Statement of Covenants
Emergency Street Facilities
Tract No. 5511
Page 3
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.
1. The Covenantor grants to the City of Fresno Fire Department an easement over,
within and through the Subject Property for purposes of Fire Department vehicular and pedestrian
access between South Minnewawa Avenue and East Pitt Avenue.
Z The easement is nonexclusive and include the absolute right of the City of Fresno
Fire Department to use the Easement for the easement purposes described in paragraph 1, which
use must not be disturbed, interrupted or impeded in any manner while this Covenant is in effect,
except as permitted pursuant to paragraph 4 of his Covenant and is more particularly described
in the attached EXHIBIT "A".
3. The provisions of this Covenant are intended to and will run with the land, and, until
their expiration or termination in accordance with the terms of this Covenant, will bind, be a charge
upon Covenantor and inure to benefit of the City of Fresno Fire Department, its successors and
assigns.
4. During the term of this Covenant, no walls, fences or barriers of any sort or kind
whatsoever, that prevents the use of the easement, or the exercise or performance of any of the
easement Purposes described in paragraph 1, will constructed, maintained, or permitted on the
easement, or any portion thereof, by Covenantor unless Covenantor provides the City of Fresno
Fire Department, its successors and assigns, keys or other means to immediately access the
Statement of Covenants
Emergency Street Facilities
Tract No. 5511
Page 4
easement for the easement purposes set forth in paragraph 1.
5. The Covenantor agrees to construct and maintain an all-weather access facility
connecting South Minnewawa Avenue and East Pitt Avenue (including but not limited to `crash
gates', by-pass locks, etc.)within the Subject Property. The entire length of the access facility shall
be constructed and maintained to conform to the specifications approved by the Fresno City Fire
Department.
6. The 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.
7. The City of Fresno shall not be liable to Covnantor or to any other person, firm or
corporation whatsoever, for any injury or damage that may result to an 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 shall indemnify, hold harmless and defend the
City of Fresno 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 the City of Fresno, Covenator 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 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 remises adjacent thereto pursuant to this
Statement. Covenantor's obligations under the preceding sentence shall apply regardless of
whether the City of Fresno, CITY or any of its officers, officials, employees, agents or volunteers
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. 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
Statement of Covenants
Emergency Street Facilities
Tract No. 5511
Page 5
Covenantor at all times prior to the release by the City of Fresno of the temporary street facilities
and other improvements thereon and therein. This section shall survive termination or expiration
of this Statement.
8. 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 Subject Property who directly or who through any agent violate
the terms hereof.
9. The foregoing conditions and obligations of this Statement shall remain in full
force and effect until such time as the Fresno City Fire Chief issues a written release of such
conditions and obligations and records such release with the Fresno County Recorder. The
Covenantor agrees to reimburse the City for reasonable costs associated with the preparation
and recordation of said release.
10. 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
Emergency Street Facilities
Tract No.5511
Page 6
DATED: /01L010 7
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
BEAZER HOMES HOLDINGS CORP.,
Fire Department a Delaware Corporation
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By: rL2_ By:
Randy R. BruCigman, Fire Chief Walter Diamond,
Executive Vice President&General Manager
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By: Cy"'-/' ,D�'
John W. Fox
Deputy City Attorney
Date: ►L2
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of preSr) L7
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On UCS" 5�UG before me, �c�.S GL � • ��'1�I , ��o w t/C� ,
Date /,,'' Name an lritje of'Officer(e.g.,"Jane Doe,Notary Public")
personally appeared 047c'
Name(s)of Signer(s)
D'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
ROSA E. LONG within instrument and acknowledged to me that
_@.VNotary
Commission# 1631297 he/she/they executed the same in his/her/their authorized
Public California
Fresno county capacity(ies), and that by his/her/their signature(s) on the
Comm.Expires0ec18,2009 instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
ROSA E. LONG
Commission# 1631297 WITNESS my hand and official seal.
.� Notary Public-California
Fresno County
P
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Signature of Notlry Public
OPTIONAL 1
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
❑ Attorney in Fact ❑Attorney in Fact •
Top of"thumb here Top of thumb here
❑ Trustee ❑Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
Other: �`� ❑ Other:
Signer Is Representing: Signer Is Representing:
C 2006 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 October 25, 2007, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno,
personally appeared, Randy R. Bruegman, Fire Chief, 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
By
Deputy
EXHIBIT "A"
That portion of Outlot"A" of Tract No. 5511, in the City of Fresno, County of Fresno,
State of California, according to the map thereof recorded in Volume 10 of Plats, Pages
13 through 17 inclusive, Fresno County Records, described as follows:
Beginning at the most northerly corner of said Outlot"A"; thence South 01' 03' 14"
East, along the westerly right of way line of South Minnewawa Avenue, a distance of
4.73 feet to the beginning of a tangent curve concave to the northeast, having a radius of
40.00 feet; thence southeasterly along said curve and along the southwesterly right of
way line of South Minnewawa Avenue, through a central angle of 56° 08' 43", an arc
distance of 39.20 feet; thence South 46° 41' 52" West, a distance of 136.81 feet to a point
on the northeasterly right of way line of East Pitt Avenue, said point being on a non-
tangent curve concave to the southwest, having a radius of 275.00 feet, a radial through
said point bears North 30° 37' 52" East; thence northwesterly along said non-tangent
curve and along said northeasterly right of way line, through a central angle of 5° 16'
28", an arc distance of 25.32 feet; thence continuing along said right of way line,North
64° 38' 36" West, a distance of 17.21 feet; thence North 46° 41' 52" East, a distance of
163.59 feet to the Point of Beginning.
Containing an area o£ 5,832 Sq. Ft.
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