HomeMy WebLinkAboutT-6087 - Agreement/Covenant - 6/30/2016 (4) R `����� R�`�`'F��`° �y - 111!111!IlilIIII!lIII�llllillillllll!!lIIIIlllili _ . ___ __ _ _
WHEN RECORDED MAIL TO: FRESNO County Recorder
Paul Dictos, �,P.A.
City Clerk DOC— 20 i 6-0077508
City of Fresno Aoct 70—Old Republic Title CONCORD
2600 Fresno Street Thursday, JUN 16, 2016 08:00:00
Fresno, CA 93721-3603 Tt 1 Pd $0.00 Rcpt # 0004553148
K EIR3f2-12
NO FEE-Government Code 6103 - - - T
CITY OF FRESNO
Public Warks Department
P.W. File No. 11973
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR TEMPORARY STREET
FACILITIES FOR THE FINAL MAP OF TRACT NO. 6087
Statement of Covenants for
Temporary Street Facilities
Tract No. 6087
Page 2
RECITALS
WHEREAS, COPPER RIDGE ESTATES, LLC, a California Limited Liability
Company, 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,
Parcels 1 and 2 of the Parcel Map No. 6208 according to the map thereof
recorded on February 23, 1983, in Book 40 of Parcel Maps at Page 6,
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. 6087, hereinafter
referred to as the "Map," requires the provision and maintenance of temporary off-site street
facilities to provide a public turn-a-round on the Subject Property along the east side of North
Chestnut Avenue until such time that permanent street facilities are made available; and
WHEREAS, the Covenantor and the City of Fresno desire to enter into an agreement
providing for such temporary off-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 Street Facilities
Tract No. 6087
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 the Subject Property more particularly described on
Exhibit "A" and shown on Exhibit "8" shall be used for temporary street purposes until the City
releases the Subject Property from such use. 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.
I 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 persons, and all claims, demands, costs, loss, damage and liability,
Statement of Covenants for
Temporary Street Facilities
Tract No. 6087
Page 4
howsoever same may be caused, either directly or indirectly made or suffered by the
Covenantor, the Covernantor'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.
6. 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 Jitigation, 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.
T. 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
Statement of Covenants for
Temporary Street Facilities
Tract No. 8087
Page 5
Covenant. Waiver of anyone provision herein shall not be deemed to be a waiver of any other
provision herein.
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 Street Facilities
Tract No. 6087
Page 6
DATED: d
CITY OF FRESNO, COVENANTOR:
a Municipal Corporation
COPPER RIDGE ESTATES, LLC,
Public Works Department A California Limited Liability Company
Scott Mozier, P.E., Director
By: By:
Andrew J. Be Iii, P.E., Assistant Director aKPonald. President
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
(Attach Notary Acknowledgment)
6
Ma terman-Doidge
uty City Attorney
Date:
ACKNOWLEDGMENT
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
County of Fresno
On April 11, 2016 before me, Andrea A. McFadden, Notary Public
(insert name and title of the officer)
personally appeared Gary McDonald
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) islare
subscribed to the within instrument and acknowledged to me that helshelthey executed the same in
hislherltheir authorized capacity(ies), and that by hislherltheir signatures) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
ANDREA A.ft iDEN
COMM. #2056411 x
° No1ary Public-California o
WITNESS my hand and Official seal- Z Fresno County
Camra.E ices Jan.3t,2f116
Signature, � _ [ �-�'�' (Seal)
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
CLERK'S CERTIFICATION
State of California )
County of Fresno }
On May 25, 2016 before me, Cindy J. Bruer, Deputy City Clerk, personally appeared, Andrew
J. Benelli, Assistant Director of the Public Works Department of the City of Fresno, who proved
to me on the basis of satisfactory evidence, to be the person(s) whose names) islare
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 persons), or the entity upon behalf of which the person{s} acted, executed the
instrument.
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, GMC
City Clerk, City of Fresno
�r
,'L�pf fkfs9
By r' o
N ty % a'
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SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on TC(%-'fry)6er1UW8 , in the office of the Fresno County Recorder as
Document No. � - ❑1�e4 3 „ of which the Deed of Trust in by
and
between: Coppet'g iyiC 1� &Yld) , L,L41 d, C,Q Er n�_ �(Ajjd( 6U11k_a'sfg'r tor,
and �!S M0, CaRlIVAJ [ Beneficiary,
hereby expresso subordinates said Deed d Trust and its beneficial interest thereto to the
foregoing Statement of Covenants Affecting Land Development for Temporary Street Facilities
for the Final Map of Tract No. 6087.
DATED:
BENEFICIARY
�r� srNG �APrTAG Lam PAIV Y
A MIwNCScr.4 .P,0aTAfE0?s6ei'0
By: ult 'L�
Name: 0,n cri e- DU ran
Title: vice to Pce S 1 4
By:
Name:
Title:
(Beneficiary to pr7nfltype document
information, Name, Title and attach
Notary Acknowledgment)
ACKNOWLEDGMENT
C_ cat A-�ara>:y�pxa fc .❑r:a�t ��r•�a cer=cuvi�Iet><>tig�r his -
- i�ud�c�iial wio d tI eedoctiine�tt jl vliicli tliis;
ire tifiicate is ftacYidY
all not lie,fr►irlifulii ss:
i1CCLiTc9C Vs
r, midi *afs'fli
at-:doetiiiielit.
STATE OF CALIFORNIA
COUNTY OF FRESNO
On April 19, 2016, before me, Lori Nicole Beckman, a Notary Public, personally
appeared Carrie Duran, who proved to me on the basis of satisfactory evidence to be the
person whose nalne is subscribed to the within instrument and acknowledged to me that
lie/she executed the same in he/she authorized-capacity, and that by his/her 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.
Signator
{ G
[SEAL]
LORI NICOLE BECKMAN
_ CDmmission #.2012327
Z Natary Public-California i
z Fresno County a
My Comm. Expires Mar 15. 2017
! Q
Exhibit A
Legal Description
Tract 6087
Temporary Tum-a-Round
That portion of Parcels 1 and 2'of Parcel Map No. 6208, recorded in Book'40, page 6 of
Parcel Maps, Fresno County Records, described as follows.
Beginning at the Southwest corner of said Parcel 1; thence North 88°32'56" East, along
the South line of said Parcel 1, a distance of 28.00 feet to the TRUE POINT OF
BEGINNING; thence South 1°51'26" West, parallel with and 28.00 feet East of the West -
line of said Parcel 2, also being along a line parallel with and 63.00 feet East of the East
line of the Southwest Quarter of Section 12, Township 12 South, Range 20 East, Mount
Diablo Base and Meridian, a distance of 68.76 feet to the intersection with a non-
tangent curve; thence Northeasterly along said non-tangent curve, concave to the
Southeast, whose radius point bears South 88108'34" East, having a radius of 45.00
feet, through a central angle 57031'52", a distance of 45.18 feet to the intersection with
a reverse curve; thence Northerly along said reverse carve, concave to the West,
having a radius of 50.00 feet, through a central angle of 127°42'00", a distance of
111.44 feet to the intersection with a reverse curve; thence Northwesterly along said
reverse curve, concave to the Northeast, having a radius of 45.00 feet, through a central
angle of 15049'14'%-a distance of 12.43 feet; thence South 1051'26"West, parallel with
.and 28.00 feet East of the West line of said Parcel 1, also being along a line parallel
with and 63.00 feet East of the East line of the Southwest Quarter of said Section 12, a
distance of 64.19 feet to the intersection with the South line of said Parcel 1 and TRUE
POINT OF BEGINNING_ ' ---
Contains an area of 3,477 square feet more or less.
�1
EXHIBIT "B"
� � I
THE EAST LINE OF THE
SOUTHWEST QUARTER OF
SECTION 12. T 12 S. R 20 E, _
M.D.B& M.
t
�►'
A.P.N. 579-074-329 '
z I R=45'
RADIAL DIRECTION
Q cc L=12'43' RI 5 8S08'34" E -
R2 N 3TT6 42" W
OF
UBEG�I NG � � R3 S 21'41'.17" W
llr� �•'k'�1 d=127-42V R4 H 3r3Q'31' .
j I:%�
POINT OF BEGINNING R=50'
;dry L-111.44'
L1 fix`;.ter : f 9�� FUNE [DIRECTION DISTANCE
THE SOUTH WEST . ,CORNER OF PARCEL. l •;,;,f.: -�► p 81332 56' E. 28.0035' 21, • . 01'51'2b" W 58.75'
IS l`� 01'51'29." W 84.19'
Ld t
THE WEST LINE Of z i
PARCELS i AND 2 &=576-31 @'52@@
R=45'
f f_=45.18'
3 z
A.P.N. 579-•074-31s 1 W PARCEL y
r 2
U
2
N
a SCALE: 1" = 60'
z
EAST COPPER AVENUE
THE SOUTH QUARTER CORNER OF SECTION
12, TOWNS-HIP 12 SOUTH, RANGE 20 EAST,
MOUNT D1ABLO BASE AND MERIDIAN
RECORD OWNER: PREPARED BY:
A.PJL 579--G74-290 [W Cx1 RIEI A
HATCHET] AREA TO BE DEEDED FOR CBPM AM CHMl?fJT 0EVEllDPJDT. NSC. 1119 me STREET
PUSUC STREET' MEEIENT PURPOSES 13M W. FEIEDCK AVE STE 181 Fes, CA. 93721
FTS QL 533711 (559) 284-3W
AREA = 3.477 SQ. Fr-
RW- RE
T.
RW-TR 8087' V. CITY OE FRESNO ►O.
ORG. NO.
A QOR'T)ON OF THE SOUT!#EAST QUARTER OF SECTION 12. DR. BY: HtL SHEET NO.
T 12 S, R 20 E. kD.B. & W. FOR CH BY: OF 1 SHEET
DATE.- 2/17/16
L. TEMPORARY TURN-A-ROUND SCALE AS NOTED