HomeMy WebLinkAboutT-5892 - Agreement/Covenant - 1/29/2014 WHEN RECORDED MAIL TO:
01/29/2014,20140009624
City Clerk
City of Fresno
2600 Fresno Street
Fresno, Ca 93721-3603
NO FEE - Government Code 6103
aC CITY OF FRESNO
0 Fire Department
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0 P.W. File No. 11741
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STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR EMERGENCY VEHICLE ACCESS
FACILITIES FOR THE FINAL MAP OF TRACT NO. 5892
Statement of Covenants for Temporary Off-Site
Emergency Street Facilities
Tract No. 5892
Page 2
RECITALS
WHEREAS, COPPER RIVER 74, INC., A California Corporation, hereinafter referred to
as the "Covenantor," of the real property situated in the City of Fresno, County of Fresno, State
of California, and more particularly described as follows:
Lots 31 and 32 of the Final Map of Tract No. 5892 according to the
map thereof recorded on _TnuC.��9, 201Y in Volume
of Plats at Page(s) 91 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. 5892, hereinafter
together referred to as the "Map," requires the provision and maintenance of a second point of
emergency vehicle access by the Fire Department to serve the Map; and
WHEREAS, the Covenantor and the City of Fresno (City) desire to enter into an agreement
providing facilities for such second point of emergency vehicle access.
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 for Temporary Off-Site
Emergency Street Facilities
Tract No. 5892
Page 3
Statement of Covenants 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 portions of the Subject Property, more particularly
described in the attached Exhibit A and graphically delineated in the attached Exhibit B, shall be
used for emergency vehicle access facilities purposes to provide a second point of access for
emergency services to and for the benefit of the Map. The Covenantor agrees to construct
and maintain the emergency vehicle access facilities (including but not limited to all-weather
surface, `crash gates', by-pass locks, etc.) 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 restrict public access
across the Subject Property during the term of this instrument.
2. The emergency vehicle access facilities shall be constructed to conform to the
improvement plans prepared at the Covenantor's expense and approved by the Fire Chief and
the City Engineer. The design of the emergency vehicle access facilities, including any related
improvements and work, shall conform to Public Works standard specifications and
specifications for its intended use and for Fire Department apparatus. The work shall be
constructed pursuant to a Street Work Permit issued by the Public Works Department.
3. This Statement of Covenants 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
Statement of Covenants for Temporary Off-Site
Emergency Street Facilities
Tract No. 5892
Page 4
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 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 emergency vehicle access 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 the emergency vehicle access facilities and other improvements thereon and therein.
5. The conditions of this Statement of Covenants are intended to benefit the Map, the
Subject Property, public and public properties. Accordingly, it is agreed the City shall have the
right to enforce this Statement of Covenants 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 of Covenants shall remain in
full force and effect until such time as the Public Works Director and the Fire Chief issue 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.
7. If either party is required to commence any proceeding or legal action to enforce or
interpret any term or condition of this Statement of Covenant, the prevailing party in such
proceeding or action shall be entitled to recover from the other party its reasonable attorney's
fees and legal expenses. For the purposes of this Statement of Covenant, "attorneys' fees"
and "legal expenses" include, without limitation, paralegals' fees and expenses, attorneys,
consultants fees and expenses, expert witness fees and expenses, and all other expenses
incurred by the prevailing party's attorneys in the course of the representation of the prevailing
Statement of Covenants for Temporary Off-Site
Emergency Street Facilities
Tract No. 5892
Page 5
party in anticipation of and/or during the course of litigation, whether or not otherwise
recoverable as "attorneys' fees" or as "costs" under California law, and the same may be sought
and awarded in accordance with California procedure as pertaining to an award of contractual
attorneys' fees.
8. The waiver by either party of a breach by the other of any provision of this Statement of
Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of
either the same or a different provision of this Statement of Covenant. No provisions of this
Statement of Covenant may be waived unless in writing and signed by all parties to this
Covenant. Waiver of any one provision herein shall not be deemed to be a waiver of any other
provision herein.
9. The provisions of this Statement of Covenants 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 of Covenants so requires, in interpreting this Statement
of Covenants, any gender includes the other genders, the singular includes the plural, and the
plural includes the singular.
Statement of Covenants for Temporary Off-Site
Emergency Street Facilities
Tract No. 5892
Page 6
DATED: i7<f6"j9cR I`7, 2c ll3
CITY OF FRESNO, COVENANTOR:
a Municipal Corporation
COPPER RIVER 74, INC.,
Fire Department A California Corporation
r
By: By: -
Kerri Donis, Darius Assemi, President
Interim Chief/Fire Marshal
APPROVED AS TO FORM:
DOUGLAS T. SLOAN (Attach Notary Acknowledgment)
City Attorney
By: _
Talia Kdlluri-Barbick
Deputy City Attorney
Dater
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On December 20, 2013 before me, Sherrie L. Badertscher, Deputy City Clerk, personally
appeared, Kerri Donis, Interim Chief/Fire Marshall, Fire 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
YVONNE SPENCE, CMC
City Clerk, City of Fresno
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ByDeputy
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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COMMISSION*193M630
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SUBORDINA"PION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on December 13, 2013 in the office of the Fresno County
Recorder as Document No. 2013-0168196-00 of which the
Deed of Trust in by and between:
Copper River 74, Inc., a California corporation as Trustor,
First American Title Company as Trustee,
and U.S. Bank National Association, d/b/a Housing Capital Company as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Statement of Covenants Affecting Land Development for Emergency Vehicle Access
Facilities for the Final Map of Tract No. 5892.
DATED: December 13, 2013
BENEFICIARY
By: (7:�A -
Name: Thomas G. Walker
Title: Senior Vice President
By:
Name:
Title:
(attach Notary Acknowledgment)
STATE OF CALIFORNIA )
>ss.
COUNTY OF FRESNO )
On December 13, 2013, before me, Rhonda Harold, a Notary Public, personally appeared
Thomas G. Walker, who proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY that under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. RHONOA HAROLD
Commission # 1906102
Notary Public California i
Z r
• ' Fresno County D
Signature My Comm.Expires Oct 28,2014
Exhibit A
Legal Description
Tract 5892
Emergency Vehicle Access
That portion of Lots 31 and 32 of Tract No. 5892 according to the map thereof recorded
on in Volume 8,-, pages _ and _9_3 of Plats, Fresno
County Recoi4ds, described as follows:
BEGINNING on the most Northerly corner of said Lot 32, also being on the
Southeasterly boundary line of North Alicante Drive; thence Northeasterly along a non-
tangent curve, said non-tangent curve also being the Northwesterly boundary line of
said Lot 31, and the Southeasterly boundary of North Alicante Drive, concave to the
Southeast, whose radius point bears South 36020'25" East, having a radius of 778.00
feet, through a central angle of 00044'11", a distance of 10.00 feet; thence South
36119'57" East, parallel with and 10.00 feet Northeast of the most Northeasterly line of
said Lot 32, a distance of 21.40 feet to the intersection with the Southerly boundary line
of said Lot 31; thence Southwesterly along a non-tangent curve, said non-tangent
curve also being the Southerly boundary line of said Lot 31 and Northeasterly boundary
line of said Lot 32, concave to the Southeast, whose radius point bears South 18157'52"
East, having a radius of 33.50 feet, through a central angle of 34144'09", a distance of
20.31 feet; thence North 36019'57" West, parallel with and 10.00 feet Southwest of the
most Northeasterly line of said Lot 32, a distance of 21.39 feet to the intersection with
the Northwesterly boundary line of said Lot 32, also being the Southeasterly boundary
line of North Alicante Drive; thence Northeasterly along a non-tangent curve, said non-
tangent curve also being the Northwesterly boundary line of said Lot 32, and the
Southeasterly boundary of North Alicante Drive, concave to the Southeast, whose
radius point bears South 37°04'36" East, having a radius of 778.00 feet, through a
central angle of 001044'11" a distance of 10.00 feet to the Point of Beginning.
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EXHIBIT " B "
0= 00.44'11"
R = 778.00'
L = 10.00'
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rn I I R = 778.00'
L = 10.00'
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R = 33.50' /
L = 20.31'
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® NOTE:
HATCHED PORTION INDICATES SCALE: 1"=10'
AREA FOR EMERGENCY
VEHICLE ACCESS
AREA = 408 S.F.
PREPARED BY:
GARY G. GIANNETTA
1119 "S" STREET
FRESNO, CA 93721
EMERGENCY VEHICLE ACCESS 559.264.3590