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Home My WebLink AboutT-5600 - Agreement/Covenant - 6/17/2008 (8) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, Ca 93721-3603 LLJ 061121200a,200800a5134 NO FEE - Government Code 6103 ik= p Q CITY OF FRESNO C:) Public Works Department P.W. File No. 11214 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY ON-SITE STREET FACILITIES FOR THE FINAL MAP OF TRACT NO. 5600, PHASE 1 OF VESTING TENTATIVE MAP NO. 5600/UGM Statement of Covenants for Temporary On-Site Street Facilities Tract No. 5600 Page 2 RECITALS WHEREAS, LENNAR FRESNO, INC., a California Corporation, hereinafter referred to as the "Covenantor," is the owner of that certain real property in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described as: Lot 16 and Outlot D, of Tract No. 5600 according to the map thereof recorded on Ju n e— i 20 ) in Volume'M of Plats at Page(s) �o2(} 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 Final Map of Tract No. 5600,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 at the North Annapolis Avenue alignment on the Map 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 on-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 Statement of Covenants for Temporary On-Site Street Facilities Tract No. 5600 Page 3 of each successive owner of the Subject Property and his heirs, successors, and assigns during his ownership thereof. 1. The Covenantor agrees that a portion of the Subject Property, more particularly described in the attached Exhibit 'A," 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 intended 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 Statement of Covenants for Temporary On-Site Street Facilities Tract No. 5600 Page 4 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. 7. In the event that litigation is instituted to enforce or interpret any provision of this Statement, the parties agree that the prevailing party shall be paid reasonable attorney's fees, costs and litigation expenses. 8. 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. 9. 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 for Temporary On-Site Street Facilities Tract No. 5600 Page 5 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation LENNAR FRESNO, INC., Public Works Department a California Corporation Patrick Wiemiller, Director By: 2�? By: Scott Mozier, P.E., Assistant hector Steve Lutton, Vice President APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: John W. Fo Deputy City Attorney Date: (Attach Notary Acknowledgment) ACKNOWLEDGMENT State of California County of Fresno ) on May 15, 2008 _ before me, T. Rothermel, Notary Public (insert name and title of the officer) personally appeared Steve Lutton who 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 instru ment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. T. ROTHERMEL WITNESS my hand and official seal. COMM. #1664278 NOTARr?UeuC•CAL FoRN►A FRESNO WXY My comm.Wrea May 5,2010 Signature/ (Seal) CLERK'S CERTIFICATION State of California ) County of Fresno ) On June 6, 2008, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Scott Mozier, P.E. Assistant Public Works Director, who 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) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. REBECCA E. KLISCH, CMC City Clerk, City of Fresno a By Deputy EXHIBIT "A" BASIS OF BEARINGS: THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN AS SHOWN ON PARCEL MAP NO. 7294 RECORDED IN BOOK 49 OF PARCEL MAPS AT PAGE 17, F.C.R., TAKEN TO BE NORTH 00'25'00" EAST. CEN 1/4 CORNER EAST 1/4 COR. SEC. 8-13/19 SEC. 8-13/19 WEST BARSTOW AVENUE — — — — — — _ N89'53'52"E 2648_81_ I _\ 662.20 1986.60' I � I � I I I I I I I I WEST SAN RAMON AVENUE _ low K Z I 600 1 < Im�J. Q I � N° ?\ F c I o Q 25' RPG �ImZ �Iro o 18 P� PPG 15 0 001,00 QI � (VN r FZ �I <]c I M zcc Q �I zl L1 INS Iw o 01 17 25' 16 N(L- I IZZ 1 L4 JT I L2 OU TLOT "D" � I 102.71' - - 892.89' f it N89'58'43"E LINE TABLE oNP� SG LINE LENGTH BEARING L1 9.30' N00'24'53"E 9-4 O L2 43.00' N89'51'33'W a = m A L3 50.70' S00'24'53"W L4 25.00' N89'51'33"W Exp. 12/31/09 P SE COR. �I s� No. 7923 �� CURVE TABLE SEC. 8-13/19 ATF OF CAL� CURVE DELTA RADIUS I LENGTH LEGEND C1 28'46'24" 45.00' 22.60' C2 240'22'28" 40.00'1 167.81' AREA TO BE DEDICATED SCALE: 1" = 100' TO THE CITY = 3,600 SQ. FT. 0 50 100 200 F.C.R. FRESNO COUNTY RECORDS REF. & REV. CITY OF FRESNO PROD. ID. FUND N0. T-5600 DEPT. OF PUBLIC WORKS ORG. N PW FILE NO. _—_ TEMPORARY TURN—AROUND DEDICATION PLAT N0. DR. BY: CK SHEET No. TRACT NO. .5600 CH. BY: OF SHEETS WEST BARSTOW AVENUE DATE: 02/11/08 SCALE AS NOTED 1 5- 06-107\dwg\06107Turnoround_CovExbt.dwg 04/22/08