HomeMy WebLinkAboutT-5135 - Agreement/Covenant - 10/11/2005 i
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Recording Requested by
,o City Clerk, Fresno, California 02/09/2004,20040030320
W No Fee-Govt. Code 6103
Return to City Clerk, Fresno
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� ABOVE SPACE FOR RECORDER'S USE
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P.W. File No. Planning and
Development Department
City of Fresno
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
TO PROVIDE THE FIVE PERCENT OPEN SPACE REQUIRED BY THE
ROOSEVELT COMMUNITY PLAN FOR FINAL MAP NO. 51359
PHASE VI OF VESTING TENTATIVE TRACT NO. 4570
RECITALS
A. WHEREAS, DONNA LEE WALZER, DOUGLAS VAUGHN
POOCHIGIAN, AND DONALD VAUGHN POOCHIGIAN, hereinafter referred to as "the
Covenantor," are the owners in equal shares of that certain real property in the City of
Fresno, County of Fresno, State of California, hereinafter referred to as "the Subject
Property" more particularly described as follows:
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PARCEL A
Commencing at a point on a line drawn i from a point on the West line of the Northeast
Quarter of Section 16, Township 14 South, Range 12 East, Mount Diablo Base and Meridian,
265.80 feet South of the center line of the Fresno-Porte rviIle Branch of the Southern Pacific
Railroad and 1043.30 feet North of the. Southwest corner of the Northwest Quarter of the
Northeast Quarter of said Section 16, to a point on the East line of said Section 16, 260.00 feet
South of the center line of said railroad and 1055.10 feet North of the Southeast corner of the
Northeast Quarter of the Northeast Quarter of said Section 16, said line being also designated
as the center line of J Street as said street appears on the map of the Town of Butler (now
abandoned) on file and of record in the office;of the County Recorder of the County of Tulare,
Fresno, State of California, and which line will,hereinafter be referred to as the "base line" said
point of commencement being 1744.95 feet East of the West line and 875.85 feet West of the
East line of the Northeast Quarter of said Section 16; thence Easterly along said base line a
distance of 836.65 feet, a little more or less, to a point 39.20 feet West of the East line of said
Section 16; thence Southerly a distance of 105;5.10 feet to a point on the South line of the North
Half of the Northeast Quarter of said Section 16, 36.10 feet West of the Southeast corner of the
North Half of the Northeast Quarter of said Section 16; thence Westerly along the South line of
the North Half of the Northeast Quarter of said Section 16, a distance of 835.35 feet, a little
more or less, to a point 1752.25 feet East of the West line and 871.45 feet West of the East line
of the Northeast Quarter of said Section 16; thence Northerly a distance of 1051.30 feet, a little
STATEMENTS OF COVENANTS
To Provide the Five Percent Open Space
Required For Tract No. 5135
Page 2
more or less, to the point of commencement, Except any portion thereof lying West of a line
drawn North from a point on the South line of said property 858.40 feet West from the
Southeast corner of the North Half of the Northeast Quarter of said Section 16; and
PARCEL B
That portion of the North Half of the Northeast Quarter of Section 16, Township 14
South, Range 21 East, Mount Diablo Base. and Meridian, according to the United States
Government Township Plats, in the County of Fresno, State of California, South of the center
line of J Street in the Town of Butler, lying between lines described as follows: A line drawn
South from a point on said center line of J Street, which point is 1744.95 feet from the West line
and 875.85 feet West from the East line of said North Half of the Northeast Quarter of Section
16, to a point on the South line of the North Half of the Northeast Quarter of said Section 16,
which point is 1752.25 feet East from the West line of said North Half of the Northeast Quarter,
measured along the South line thereof; and a line drawn North from a point on the South Fine of
the North Half of the Northeast Quarter of said Section 16, which point is 858.40 feet West of
the Southeast corner of said North half of the Northeast Quarter of said Section 16, to the
center line of said J Street;
B. 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;
C. WHEREAS, all such instruments of Subordination, if any, are attached
hereto and made a part of this instrument,
D. WHEREAS, the Covenantor has entered into an agreement to sell the
Subject Property to the owners and developers of Vesting Tentative Tract No. 4570,
Granville Homes, Inc., a California corporation, and Granville Homes, Inc. has applied
to the City of Fresno for a final map of Vesting Tentative Tract No. 4570, designated as
Final Tract No. 5135;
E. WHEREAS, Granville Homes, Inc. is required by the conditions of
approval of Vesting Tentative Tract No. 4570, to provide five percent (5%) of the gross
area of Tract 4570 as open space in compliance with Roosevelt Community Plan Policy
No. 1-71.3, said remaining open space being equal to 2.36 acres;
F. WHEREAS, Granville Homes desires to obtain approval of Final Tract No.
5135, the last and final phase of Vesting Tentative Tract No. 4570;
G. WHEREAS the Granville Homes, Inc. wishes to obtain a release of said
condition of approval described in Recital E above by securing and providing said open
space on the portion of the Subject Property more particularly described in Exhibit A to
this Statement of Covenants (the "Alternate 2.36 Acres");
f
STATEMENTS OF COVENANTS
To Provide the Five Percent Open Space
Required For Tract No. 5135
Page 3
H. WHEREAS, the Covenantor; is willing to provide the Alternate 2.36 Acres
to satisfy said open space requirement and thereby release Final Tract No. 5135 of
Vesting Tentative Tract No. 4570 for recordation;
I. WHEREAS, the Covenantor agrees to provide the required open space
on the Subject Property which is located adjacent to Vesting Tentative Tract No. 4570,
as replacement open space for Final Tract No. 5135, whether or not Granville Homes
Inc., purchases the Subject Property or does not purchase the Subject Property;
J. WHEREAS, the City of Fresno desires to obtain covenants from the
Covenantor and Granville Homes, Inc. 'to insure that the Alternate 2.36 Acres is
developed as alternative open space as required by the conditions of approval of
Vesting Tentative Tract No. 4570 and is not developed, used, or maintained in .such a
way as to adversely affect adjoining properties; and
K. WHEREAS, the Subject Property shall be conditioned pursuant to Policy
No. 1-17.3 of the Roosevelt Community Plan that the Covenantor and Granville Homes,
Inc. designate and develop the Subject Property to provide the balance of the required
five percent (5%) of the total area of Vesting Tentative Tract No. 4570 for open space
use or provide an equivalent amount of additional area to an approved public or quasi-
public open space within one quarter mile of Vesting Tentative Tract No. 4570.
COVENANTS, CONDITIONS, AND RESTRICTIONS
For favorable action on, and approval of, Granville Home's request for approval of Final
Tract No. 5135, 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, and desirability 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 will run with the
Subject Property and shall be binding on each successive owner of the Subject
Property and Covenantor's heirs, administrators, successors, and assigns.
1. Covenantor and Granville Homes, Inc. hereby covenant and agree as
follows:
a. The Granville Homes, Inc. or Covenantor shall develop the
Alternate 2.36 Acres pursuant to Policy No. 1-17.3 of the Roosevelt Community Plan
and in accordance with improvement plans to be approved by the Fresno City Parks
Department within one year of the date of the execution of this Statement of Covenants
or provide and/or improve an alternative 2.36 acres of open space at a location
STATEMENTS OF COVENANTS
To Provide the Five Percent Open Space
Required For.Tract No. 5135
Page 4
specifically approved by the City of Fresno in its discretion.
b. The Granville Homes or Covenantor shall maintain the Alternate
2.36 Acres (or any alternate 2.36 acres approved by the City of Fresno as contemplated
by Section 1. a. above until such time as it is annexed into City's Community Facilities
District No. 2.
C. The Covenantor and Granville Homes, Inc, at such time as it shall
purchase the Subject Property, shall allow access to the Alternate 2.36 Acres, once the
improvements are complete, by the general public for the use and enjoyment of the
owners and/or residence of all phases of Vesting Tentative Tract No. 4570, as open
space.
d. The Covenantor or Granville Homes, Inc. as successor owner may
deed the Alternate 2.36 Acres to the City of Fresno to be used and maintained as open
space for the residents in the neighborhood.
e. Granville Homes, Inca hereby pledges and assigns to the City of
Fresno $25,000.00 in the form of a letter of credit, as surety for improvement and
maintenance of the Alternate 2.36 Acres (or any alternate open space) until such time
as other provisions for maintenance are provided and approved by the City. In the
event no other provisions are provided or,approved by the City, Granville Homes, Inc.
grants the City the right to use said $25,000 for the purposes of improving and
maintaining the 2.36 acres of open space in the event that Granville Home, Inc. should
fail to do so: The $25,000 security shall be returned to Granville Homes, Inc. at such
time as the alternative 2.36 acres of open space has been improved and provisions
have been made for its maintenance in a manner satisfactory to the City of Fresno.
f. The 2.36 acres open space area encumbered under this Statement
of Covenants shall solely apply to Granville Homes, Inc. and Vesting Tentative Tract
No. 4570 and may not be used to meet the open space requirements for development
of the Subject Property.
2. The conditions of this Statement are intended to benefit the public and
public properties. Accordingly, 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 Subject Property who directly or who through any agent
violate the terms hereof. All obligations of the Covenantor under this. Statement shall
inure solely to the benefit of the City of Fresno. There are no third party beneficiaries of
such obligations nor shall the right of the City of Fresno be transferable in any manner
to any person other than to a successor. municipal corporation whose geographic
boundaries include the Subject Property.
STATEMENTS OF COVENANTS
To Provide the Five Percent Open Space
Required For Tract No. 5135
Page 5-A
3. The foregoing covenants and conditions shall remain in full force and
effect until such time as the City of Fresno, pursuant to the district amendment
procedure of the Fresno Municipal Code, ,finds the enforcement of such covenants and
conditions is no longer equitable.
4. 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 enforceability of any
other provision hereof. Whenever the context so requires, any gender includes the
other genders, the singular includes the plural, and the plural includes the singular. Any
modification to this Statement of Covenants, including, but not limited to, reassignment
of the required 2.36 acres of open space to a parcel other than the Alternate 2.36 Acres
as described in Exhibit A.
DATED:
DONNA LEE WALZER
CITY OF FRESNO,
a Municipal Corporation �---
DOUGLAS VAUGHN POOCHIGIAN
By:
i k . Yovino, Director SUCCESSOR IN INTEREST
Planning and Development
epartment AN LLE HOME N a California
C ti n
APPROVED AS TO FORM:
Hilda Cant" ntoy ����I.d -�
City Attorney �U.l'�d �f 't
By:/ j
eputv//
(Attach Notary Acknowledgment)
COVENANTOR .
DOUGLAS VAUGHN POOCHIGIAN
i
STATEMENTS OF COVENANTS
To Provide the Five Percent Open Space
Required For.Tract No. 5135
Page 5 l3
3. The foregoing covenants and conditions shall remain in full force and
effect until such time as the City of Fresno, pursuant-to the district amendment
procedure of the Fresno Municipal Code, ;finds the enforcement of such covenants and
conditions is no longer equitable.
4. 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 riot affect the validity or enforceability of any
other provision hereof. Whenever the context so requires, any gender includes the
other genders, the singular includes the plural, and the plural includes the singular. Any
modification to this Statement of Covenants, including, but not limited to, reassignment
of the required 2.36 acres of open space to a parcel other than the Alternate 2.36 Acres
as described in Exhibit A.
DATED: 2-2-_¢ '� A
DONNA LEE WALZER
CITY OF FRESNO,
a Municipal Corporation s P'Z S ! C
DOUGLAS VAUGHN POOCHIGIAN
By
ck Yovino, Director ; SUCCESSOR IN INTEREST
anning and Development
epartment GRA HOMES, INC. a California
01
oration
APPROVED AS TO FORM: r
Hilda Cantu Montoy rid ASSe►YI �e�RdeVt f
City Attorne /
By:
r
epu� (Attach Notary Acknowledgment)
COVENANTOR
C�h '
DONALD VAUGHN 0OOtHfGI1AN
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STATEMENTS OF COVENANTS
To Provide the Five Percent Open Space
Required For Tract No. 5135
Page 5-C
3. The foregoing covenants and conditions shall remain in full force and
effect until such time as the City of Fresno, pursuant to the district amendment
procedure of the Fresno Municipal Code, finds the enforcement of such covenants and
conditions is no longer equitable.
4. 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 enforceability of any
other provision hereof. Whenever the context so requires, any gender includes the
other genders, the singular includes the plural, and the plural includes the singular. Any
modification to this Statement of Covenants, including, but not limited to, reassignment
of the required 2.36 acres of open space to a parcel other than the Alternate 2.36 Acres
as described in Exhibit A.
DATED: .2-Z-o+ �- P`= S -
DONNA LEE WALZER
CITY OF FRESNO, J
a Municipal Corporation/4'_L__:z (/
DO G S VAUGMN POOC lAN
By:
TDa
ovino, Director SUCCESSOR IN INTEREST
g and Development
ment GRANVI E HOMES, I a alifornia
ration
APPROVED AS TO FORM:
ZB .
Hilda Cantu Montoy
City AttoA I�TreSlO�-
rney Fa,riG�
By:
-' Depu (Attach Notary Acknowledgment)
COVENANTOR
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DOUGLAS VAUGHN POOCHIGIAN
STATE OF U-AS H I N GD N )
COUNTY OF
On this "l J _ day of �2 by-s)a ,2004 before me ,
a Notary Public, within and said County and Vate personally appeared
Chi,n Cc L�-Ul Z e V--- - , known to me or proved
on the basis of satisfactory.evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity, and that
by his/her/their .signature on the instrument the person of the entity upon
behalf of which the person acted, executed the instrument.
WITNESS a and official seal.
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On this c;Z(o day of �' , 2004, before ma Notary
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�1oc,"g k0 V-'\ known to me ( or proved on the basis of satisfactory evidenc
to be the individual(s) whose name is subscribed to the within instrument and
_.acknowledged to me that he/she/they executed the same in his/her/their authorized
.capacity, and that by his/her/their signature on the instrument the person or the entity upon
behalf of which the person acted, executed the instrument.
N OJENNIFER DIRK
5ALV% qora
M( Commission Ex ires July 21,2006 N RY PUB 1C, J-einv 4'� �tir(C
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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ALLI ROTHBERG subscribed to the within instrument and
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My Comm.Exp+res Jan.9,2007 capacityO, and that byher/ r
signature(s on the instrument the personS,e'f, or
the entity upon behalf of which the person(/
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WITNESS my hand and official seal.
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Place Notary Seal Above - Signature of ary Puh is
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h Description of Attached Document
16 Title or Type of Document:
Document Date: Number of Pages:
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Signer(s) Other Than Named Above:
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®1999 National Notary Association•9950 Oe Soto Ave.,P.O.Box 2402•Chatsworth,CA 91919-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
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Countyof
On A4ZI I before me, '
ate Name and Title of Officer( .g.,"Jan oe,N ry Public")
a e
personally apped ' , &' ,
Name(s)of Signer(s)
A personally known to me
❑ 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
(;HWTINES.UNGENFE�7ER acknowledged to me that he/she/they executed
COMM.•1380834, the same in his/her/their authorized "
HWARY ruauc ►
FRESNpCOS1Mn capacity(ies), and that by his/her/their
Cw.Eip.OCT.20 2008 signature(s) on the instrument the person(s), or.
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Atary Pub
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Tap of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.nationalnotary.org Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827
CLERK'S CER TIFICA TION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On February 2,2004, before me, Elvia Sommerville, Deputy City Clerk,
personally appeared Nick P. Yovino, Planning and Development Director, known
to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) 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
instruments(s) the person(s), or the entity upon behalf of the City of Fresno of
which the person(s) acted, executed the instrument.
WITNESS my hand and official City Seal.
REBECCA E. KLISCH
CITY CLERK, CMC
By �
Deputy
Exhibit A
LEGAL DESCRIPTION
2.36 ACRES WITHIN TENTATIVE TRACT 5228
That portion of the North Half of the Northeast Quarter of Section 16, Township 14
South, Range 21 East, Mount Diablo Base and Meridian described as follows:
BEGINNING at a point on the South line of said North Half, a distance of 37.00 feet
West of the Southeast corner of said North Half; thence(North 89°47'50" Wes)along
said South line, a distance of(830.00 feet thence North 0'12'10"East)a distance of
123.86 feet thence(South 89°47'50" East)parallerwith said South line, a distance of
30.00 � et; thence South 0°12'1 '�outTi Tin ce o eet thence South
012'10" West, a distance of 12 6 feet to the Point of Beginning.
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