HomeMy WebLinkAboutT-6052 - Agreement/Covenant - 9/24/2015 (2) WHEN RECORDED MAIL TO:
09/22/2015,20150121933
City Clerk - - -
City of Fresno
2600 Fresno Street
Fresno, Ca 93721-3603
NO FEE-Government Code 6103
CITY OF FRESNO
Fire Department
P.W. File No. 11840
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR EMERGENCY VEHICLE ACCESS
FACILITIES FOR THE FINAL MAP OF TRACT NO. 6052
Statement of Covenants for
Emergency Vehicle Access Facilities
Tract No. 6052
Page 2
RECITALS
WHEREAS, HERNDON/HAYES NO. 1, LLC, A California Limited Liability Company,
hereinafter referred to as the "Covenantor," 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 in the attached Exhibit "A", 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. 6052, 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 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.
Statement of Covenants for
Emergency Vehicle Access Facilities
Tract No. 6052
Page 3
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
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
Statement of Covenants for
Emergency Vehicle Access Facilities
Tract No. 6052
Page 4
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
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
Statement of Covenants for
Emergency Vehicle Access Facilities
Tract No. 6052
Page 5
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
Emergency Vehicle Access Facilities
Tract No. 6052
Page 6
DATED: UGW'ST
CITY OF FRESNO, COVENANTOR:
a Municipal Corporation
HERNDON/HAYES NO. 1, LLC,
Fire Department A California Limited Liability Company
i
BY: �� -'� BY: ,-
Ke ri Donis, Fire Chief Robert A. McCaffrey, Manager
APPROVED AS TO FORM:
DOUGLAS T. SLOAN (Attach Notary Acknowledgment)
City Attorney
RY=
MwRaterman-Doidge
-,teputy City Attorney
Date:3'Z 0
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document, to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document +
CLERK'S CERTIFICATION
State of California }
County of Fresno }
On Auqust 31, 2015 before me, Cindy Bruer, Deputy City Clerk, personally appeared, Kerri
Donis, Fire Chief, Department of Fire of the City of Fresno, 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
0 FR�s
By 4V rr ■
Deputy "
1
..ire oss•'
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached, and
,not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
SS.
COUNTY OF FRESNO )
On August 7, 2015, before me, Shelle Hartmann,Notary Public, personally
appeared,Robert A. McCaffrey,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 on behalf of which the
person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public ww�4w,"'
L.S. My Coniniission Expires: March 19,2019
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SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on November 6, 2008 in the office of the Fresno County Recorder, as Document No.
2008-0155767 of which the Deed of Trust in, by and between: Herndon/Hayes No. 1, LLC, a
California limited liability company; McCaffrey Development, L.P., a California limited partnership;
and The McCaffrey Group, Inc., a California Corporation, as Trustor, First American Title
Insurance Company, as Trustee and Housing Capital Company, a Minnesota partnership, 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. 6052.
DATED: Amoy v, t -7
BENEFICIARY
U. S. Bank National Association, D/B/A
Housing Capital Company
, _
By. W/
Name: Thomas G. Walker
Title: Senior Vice-President
By:
Name:
Title:
(Beneficiary to print/type Name and Title;
and attach Notary Acknowledgment)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who sinned the document to which this
certificate is attached- and not the truthfiihi.ess.
accuracy. or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On .2015,before me. I �1 W�e � ' ,
a Notary Pub1' , personally appeared , 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/s�e executed the same in his/h�r authorized
capacity, and that by his/i�r 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 under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Slgnatti pt,
[SEAL]
LORI NICOLE BECKMAN
Commission# 2012327
Notary Public-Calltornia z
Fresno County n
My Comm.Ex fres Mar 15,2017µ
EXHIBIT "A"
LEGAL DESCRIPTION
EMERGENCY VEHICLE ACCESS EASEMENT
PAGE 1 OF 1
All that certain real property situate in the City of Fresno, County of Fresno, State of
California, described as follows:
A portion of Outlot C, as said outlot is shown and so designated on that certain Final Map
entitled, "Tract 6052", filed in Volume &of Plats, Pages a - Fresno County
Records, more particularly described as follows:
A strip of land the uniform width of thirty (30) feet, the centerline of which is described as
follows:
BEGINNING at a point on the west line of the above referenced Outlot C from which the
northwest corner thereof bears North 02°10'00" West 37.00 feet; thence from the point of
beginning, leaving said west line, North 89°46'14" East 86.05 feet to the east line of said
Outlot C and the terminus of the herein described easement.
The sidelines of said strip shall be lengthened or shortened to terminate at the west and
east lines of said Outlot C.
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51 W
NORTHWEST CORNER
OUTLOT C, TRACT NO.6052 Q
VOL_PLATS,PGS._J FCR
N87050100"E
{ 86.00'
w q 30'EMERGENCY 3
o VEHICLE ACCESS c� a
Q� M EASEMENTLIJ M N
a w
N89046'14*E Bs.05'
BENNINGTON
<g POINT OF BEGINNING
E DRIVE ❑�
x°
Oz ' 87'50'00'E
18.00' —I
I � OUTLOT C
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a i o
= °10'00"W a
NO2
_ �� 42.00' Q
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000
48.99'
N87°50'00E l
NO2010100"W- _ _ R=1700'
7.01' N47°07'45"W Q 00°3742
47.06' L=18.64'
w OUTLOT E
N N89'27'�8"l1R}�
Z
Y
K
O
3
GRAPHIC SCALE
40 20 0 40 80
1 in=40ft
>L
MORTON&PITALO, INC. EXHIBIT"B"
CIVIL ENGINEERING ARCHITECTUREPLANNING RAFFICELAND NEERINSURVEYING EMERGENCY VEHICLE ACCESS EASEMENT
LANDSCAPE ARCHITECTURE•TRAFFIC ENGINEERING
75 Iron Poin l Circle.Suite 120--Folsom,CA 95630
phone:916.984.7621••Fax:916.984.9617•survey fax:916.563.6770 PORTION OUTLOT C TRACT 6052
survey email:slaking@mpengr.com•wveb:w .mpengr com 1
DRAWN: MJC JOB NO: 130042 VOL. Y�?PLATS, PGS. - , F.C.R.
CHECKED: MJC DATE: AUGUST 2015
SCALE: 1"=40' SHEET: 1 of 1 CITY OF FRESNO, STATE OF CALIFORNIA
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