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Home My WebLink AboutT-5869 - Agreement/Covenant - 4/29/2011 (6) WHEN RECORDED MAIL TO: City Clerk 18x RT101J City of Fresno 1ef 2600 Fresno Street leefsef Fresno, Ca 93721-3603 NO FEE- Government Code 6103 CITY OF FRESNO O Public Works Department U_ z P.W. File No. 11274 0 U W cn a LU CL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY ON-SITE STREET FACILITIES FOR THE FINAL MAP OF TRACT NO. 5869, PHASE 2 OF VESTING TENTATIVE MAP NO. 5600 Statement of Covenants for Temporary On-Site Street Facilities Tract No. 5869 Page 2 RECITALS WHEREAS, LENNAR FRESNO, Inc., a California Corporation, hereinafter referred to as the "Covenantor," is the owner of the real property situated in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described as follows: Outlot B of the Final Map of Tract No. 5869 according to the map thereof recorded onA o c� lb , 20 in Volume 61 of Plats at Page(s) 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 Phase 2 portion of Vesting Tentative Map No. 5600 as delineated by the Final Map of Tract No. 5869, hereinafter referred to as the "Map," requires the provision and maintenance of temporary on-site street facilities to provide a temporary public access at the east boundary of the Map to connect West San Jose Avenue and West San Bruno Avenue until such time that permanent street facilities are provided by the Phase 3 final map of Vesting Tentative Map No. 5600; 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, Statement of Covenants for Temporary On-Site Street Facilities Tract No. 5869 Page 3 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 agrees that the Subject Property shall be used for temporary street purposes for the Map as shown on Exhibit A. 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 Statement of Covenants for Temporary On-Site Street Facilities Tract No. 5869 Page 4 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. 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. 5869 Page 5 DATED: `1 7— ' I COVENANTOR: CITY OF FRESNO, a Municipal Corporation LENNAR FRESNO, Inc., a California Corporation Public Works Department Patrick Wiemiller, Director By: By: C Scott Mozier, P.E., AssIstant Director Les Peterson, Vice President APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney (Attach Notary Acknowledgment) By: S apnon Chaffin Deputy City Attorney Date: 1 STATE OF A SS COUNTY OF On � fti LO�t+-+v�. �Ol G , before me . erg ru Notary Public, personally appeared I, .Sr Sor 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 instrument. I Certify Linder 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. eimy P. E. BENNETT COMM. #1816983NOTARY PUBLIC-CALIFORNIA Signature ~ FRESNO COUNTY Comm.Expires October 11,2012 ��r' 11 rLt� My Commission Expires: }�;_-I This area for official notarlalseal Mail Tax Statements To: SAME AS ABOVE CLERK'S CERTIFICATION State of California ) County of Fresno ) On February 18, 2011 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared, Scott Mozier, PE, Asst Director, Public Works Department, 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 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 By J&� 6j, &d.JZ� Deputy S EXHIBIT "A" 53 I OUTLOT C WEST SAN BRUNO AVENUE `�/ AREA OF AC FOR ® TEMP DRIVEWAY ` ACCESS 35 ---_+" 123 124 zo' VESTING i p ,;,� TENTATIVE TRACT No. 5869 '' %':�� MAP No. 5600 � r; p 'f�% PHASE III t. 114 113 C 4 WEST SAN JOSE AVENUE SCALE: 1" = 40' OUTLOT 0 20 40' CITY OF FRESNO DEPARTMENT OF PUBLIC WORKS ON—SITE TEMPORARY DRIVEWAY ACCESS DR. BY: JP SHEET No. CH. BY: CK OF I SHEETS TRACT NO. 5869 DATE: 11/04/10 SCALE AS NOTED F:\2009\09-277\dwg\Exhibits\09-277-TDA.dwg