HomeMy WebLinkAboutT-5235 - Agreement/Covenant - 8/18/2006 Recording Requested by:
City Clerk
City of Fresno
!� 2600 Fresno Street 06/07/2006 Z00601196Z0
0 Fresno, Ca 93721-3603
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LU CITY OF FRESNO
a Planning and Development Department
P.W. File No. 10779
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR LANDSCAPING AND MAINTAINING AN
OFF-SITE OPEN SPACE FACILITY FOR THE FINAL MAP OF
TRACT NO. 5235
13
Recording Requested by: IIII III III�III II III III II II II II IIIII I IIII�II I IIIII
FRESNO County Recorder
City Clerk Robert C, Uerner
City of Fresno DDC— 2005-0289956
2600 Fresno Street Acet 5-First American Tills Insurance Company
Fresno, Ca 93721-3603 Monday, DEC 12, 2005 08:00:00
Tt 1 Pd $0.00 Nbr-0002039728
RGR/R7/1-13
No Fee-Govt. Code 6103
CITY OF FRESNO
Planning and Development Department
P.W. File No. 10779
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR LANDSCAPING AND MAINTAINING AN
OFF-SITE OPEN SPACE FACILITY FOR THE FINAL MAP OF
TRACT NO. 5235
THIS DOCUMENT IS BEING RE-RECORDED
TO CORRECT THE LEGAL DESCRIPTION IN EXHIBIT 'A'
Statement of Covenants
Landscaping and Maintaining of an Open Space Area
Tract No. 5235
Page 2
WHEREAS, KB RESALE PROPERTIES, INC., a California Corporation, hereinafter
referred to as the "Owner" and KB HOME SOUTH BAY INC., a California Corporation,
hereinafter referred to as the "Subdivider" and together are hereinafter referred to as the
"Covenantor;" and
WHEREAS,Owner owns 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 Exhibit "A" attached hereto and incorporated herein; and
WHEREAS, Owner 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, Subdivider has filed with the City of Fresno, Vesting Tentative Map No. 5235
which was approved by the Fresno City Planning Commission on April 21, 2004, hereinafter
referred to as the "Tentative Map" and incorporated into this Statement by this reference; and
WHEREAS,a condition of approval for the Tentative Map,in accordance with the provisions
of the Roosevelt Community Plan Policies Nos. 1-17.1 and 1-17.3, requires the Subdivider to
provide 2.83 acres (5% of the gross area of the Tentative Map) for public common open space
purposes or provide an equivalent amount of area for an approved public or quasi-public open
space within one-quarter mile of the Tentative Map, hereinafter referred to as the "Total Open
Space Area;" and
WHEREAS, the Subdivider has filed with the City of Fresno, a Final Map of Tract No. 5235
pursuant to said Tentative Map, hereinafter referred to as the "Final Map," which provides
1.45 acres of open space area; and
Statement of Covenants
Landscaping and Maintaining of an Open Space Area
Tract No. 5235
Page 3
WHEREAS,the Subdivider has elected to satisfy the balance(1.38 acres)of the Total Open
Space Area required for the Final Map on the Subject Property; and
WHEREAS, the Covenantor and the City of Fresno desire to enter into an agreement
providing for the development and maintenance of the open space area on the Subject Property
to satisfy the Total Open Space Area obligation for the Final Map.
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 of
each successive owner of the Subject Property and his heirs, successors, and assigns.
1. The Owner grants to the City of Fresno,the owners of all final maps of the Tentative
Map and the general public,the right to enter upon the Subject Property and the open space area
for purposes of use and enjoyment of the open space area facility.
2. The Owner agrees that the area within the Subject Property, hereinafter referred to
as the "Open Space Facility" and more particularly described in Exhibit "B" attached hereto and
incorporated herein, shall be used as a public open space area facility.
3. The Covenantor agrees to provide and install landscaping and irrigation system(s)
for the Open Space Facility in accordance with improvement/landscaping plans prepared in a form
and manner approved by the Planning and Development Director. The design of the Open Space
Statement of Covenants
Landscaping and Maintaining of an Open Space Area
Tract No. 5235
Page 4
Facility, including fencing when required, shall conform to conditions of approval of the Tentative
Map, the City of Fresno General Plan and the Roosevelt Community Plan and their policies. The
cost of preparing such plans, including plan review and permits, shall be the responsibility of the
Covenantor.
4. The work shall be constructed pursuant to any necessary permit issued by the
Planning and Development Department.
5. The Open Space Facility shall be completed, inspected and accepted by the
Planning and Development Department prior to occupancy of the 120" dwelling in Tract
No. 5235.
6. Notwithstanding any provision of this Statement to the contrary,the Covenantor shall
have the right to establish conditions and prohibitions on public access to the Open Space Facility
until such time as the Open Space Facility has been accepted by the Planning and Development
Department.
7. The Covenantor agrees to maintain said Open Space Facility. The Covenantor shall
deposit with the City a maintenance security in the amount of Seventy-Two Thousand Two
Hundred dollars($72,200), in the form of a certificate of deposit or passbook assigned to the City
or cash to insure continued maintenance of the Open Space Facility.
B. The maintenance security may be use by the City to defray all or part of the cost to
maintain the Open Space Facility should the Covenantor fail to maintain said facility in accordance
with the approved plans.
9. The maintenance of the Open Space Facility shall remain the responsibility of the
Covenantor and the security deposit shall not remove the City's ability to enforce the provision of
the agreement by any legal or equitable means.
10. The Owner agrees to provide the Open Space Facility for the Final Map on the
Subject Property and agrees that such Open Space Facility shall satisfy only the open space are
Statement of Covenants
Landscaping and Maintaining of an Open Space Area
Tract No. 5235
Page 5
requirement for the Tentative Map and shall not be used to satisfy any open space area
requirement which may be imposed on the Subject Property as a condition of development of the
Subject Property or to reduce the Subject Property's gross acreage for the purpose of determining
the Subject Property's open space area obligation.
11. 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.
12. 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 Open Space Facility 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 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 Open Space Facility 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 Open Space Facility
hereinbefore specified, shall be at the sole and exclusive risk of the Covenantor.
13. 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
Statement of Covenants
Landscaping and Maintaining of an Open Space Area
Tract No. 5235
Page 6
violate the terms hereof.
14. The foregoing conditions and obligations of this Statement shall remain in full force
and effect until such time as the Planning and Development Director issues a written release of
such conditions and obligations and records such release with the Fresno County Recorder.
15. 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
Landscaping and Maintaining of an Open Space Area
Tract No. 5235
Page 7
DATED:
CITY OF FRESNO, COVENANTOR (Owner)
a Municipal Corporation
KB RESALE PROPERTIES, INC.,
a California Corpor n
By: By:
Nick P. vino, Director A. [Augie] Dent III,
Planni g and Development Department Senior Vice President
COVENANTOR (Subdivider)
APPROVED AS TO FORM:
KB HOME SOUTH BAY INC.,
HILDA CANTU-MONTY a California Corpopation
City Atto e
By By:
Deputy P.A. Dent III, Senior Vice President
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
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subscribed to the within instrument and
T.S.ROBINSON acknowledged to me that he/she/they executed
Commission#1431096 the same in his/her/their authorized
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WITNESS my han andel official seal.
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Document Date: Number of Pages:
Signer(s)Other Than Named Above:
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Signer Is Representing:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California ,/�,
County of Ramed�-
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Date Name and Title of Officer( .g.,"Jane Doe,rklafary Public")
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WITNESS my hand and official seal.
Place Notary Seal Above
Signature of Notary Public
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 ofcument:
Document Date:_ Number of Pages:
Signer(s)Other Than Named ve:
Capacity(ies) Claimed by Signer(s)
Signer's Name: _ Signer's Name:
❑ Individual vidual
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Signer Is Representing: Signer Is Representing:
0 2006 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800.876-6827
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On IoVe� I. 2 , 20 05, before me, personally
appeared Nick P. Yovino, Planning and Development Director, personally known to me (or
provided 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 the
CITY OF FRESNO of which the person acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH, CMC
CITY CLERK
By_ �z-
DEPUTY
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EXHIBIT "A"
REAL PROPERTY IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
THE NORTH 12 ACRES OF THAT PORTION OF THE NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 17,TOWNSHIP 14 SOUTH, RANGE
21 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE UNINCORPORATED
AREA, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT THEREOF, LYING NORTHWESTERLY OF WASHINGTON
CANAL AND NORTH OF THE LAND DESCRIBED IN THE DEED OF WILLIAM A.
JONES AND WIFE, TO A. A. ANDERSON, DATED JULY 26, 1919, RECORDED IN
BOOK 698, PAGE 178 OF DEEDS.
EXCEPTING THEREFROM ANY PORTION THEREOF LYING WEST OF THAT
CERTAIN BOUNDARY LINE ESTABLISHED IN A SURVEY ON MARCH 25, 1880,
AND MADE A MATTER OF RECORD IN BOOK"M"PAGE 318 OF COVENANTS.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 17;
THENCE SOUTH 890 55' 26" EAST, ALONG THE NORTH LINE OF SAID
SOUTHWEST QUARTER, A DISTANCE OF 1350.46 FEET TO A POINT ON THE
WESTERLY LINE OF THE LANDS OF ESHIEMAN AS AGREED UPON IN AN
INSTRUMENT RECORDED DECEMBER 10, 1890, IN VOLUME "M"PAGE 318, ET
SEQ., OF COVENANTS, FRESNO COUNTY RECORDS; THENCE
SOUTH 000 25' 47" EAST, ALONG SAID WESTERLY LINE, A DISTANCE OF 57.09
FEET TO THE POINT OF BEGINNING; THENCE SOUTH 000 25'47" EAST,
CONTINUING ALONG SAID WESTERLY LINE,A DISTANCE OF 332.72 FEET TO
A POINT ON THE SOUTH LINE OF THE NORTH 12 ACRES OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 17; THENCE
SOUTH 890 55' 21" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 378.10
FEET; THENCE NORTH 000 0V 17" EAST, A DISTANCE OF 325.71 FEET TO THE
SOUTH RIGHT OF WAY LINE OF EAST CHURCH AVENUE AS SHOWN ON THE
OFFICIAL PLAN LINES THEREOF RECORDED APRIL 2, 1991, IN VOLUME 7
PAGES 64 THROUGH 70 OF PRECISE PLAN LINES, FRESNO COUNTY
RECORDS; THENCE ALONG SAID SOUTH RIGHT OF WAY LINE THE
FOLLOWING COURSES; NORTH 890 58' 43" WEST, A DISTANCE OF 231.62 FEET
TO THE POINT OF CURVATURE OF A TANGENT CURVE CONCAVE
NORTHERLY AND HAVING A RADIUS OF 800.00 FEET; THENCE WESTERLY
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 030 23' 58", AN ARC
DISTANCE OF 50.25 FEET; THENCE NORTH 080 34'45" WEST, A DISTANCE OF
99.05 FEET., TO THE POINT OF BEGINNING.
1:1302200\docs\Lega11051906 Legal Description-KB SOUTH.doc-tmm
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID NORTH 12 ACRES
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTH 12 ACRES;
THENCE NORTH 560 17' 48" WEST, A DISTANCE OF 10.91 FEET; THENCE
NORTH 33c' 33' 30" EAST, A DISTANCE OF 14.77 FEET; THENCE
NORTH 69c' 49' 10" WEST, A DISTANCE OF 61.14 FEET; THENCE
NORTH 78c' 46' 14" WEST, A DISTANCE OF 58.71 FEET; THENCE
NORTH 89c' 58' 42" WEST, A DISTANCE OF 812.00 FEET, MORE OR LESS, TO A
POINT ON THE CENTERLINE OF THAT CERTAIN EASEMENT AS DESCRIBED
IN DOCUMENT NO. 94107398, RECORDED JULY 1, 1994, FRESNO COUNTY
RECORDS; THENCE SOUTH 000 01' 17" WEST, ALONG SAID CENTERLINE, A
DISTANCE OF 49.93 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID
NORTH 12 ACRES; THENCE SOUTH 890 55' 18" EAST, ALONG SAID SOUTH
LINE, A DISTANCE OF 927.90 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING.
ALSO EXCEPTING THEREFROM ONE—QUARTER OF ALL THE OIL, GAS AND
MINERALS AS HERETOFORE RESERVED OF RECORD.
CONTAINING 5.687 ACRES, MORE OR LESS.
APN 481-300-33S
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APN 481-300-33S
OPEN SPACE AREA
EXHIBIT "B"
LEGAL DESCRIPTION
BEING A PORTION OF THAT CERTAIN PARCEL DESCRIBED BY DEED AND FILED
FOR RECORD AS DOCUMENT NO. 2005-0009214, OFFICIAL RECORDS OF FRESNO
COUNTY, LYING WITHIN THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 17, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MOUNT DIABLO
BASE AND MERIDIAN, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF
CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF
SECTION 17, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID PARCEL;
THENCE SOUTH 1001'53" EAST, A DISTANCE OF 75.46 FEET, ALONG THE EAST LINE
OF SAID SOUTHWEST QUARTER AND THE EAST LINE OF SAID PARCEL TO THE
FUTURE SOUTH RIGHT-OF-WAY LINE OF EAST CHURCH AVENUE, AS SHOWN ON
THAT CERTAIN MAP TITLED "OFFICIAL PLAN LINES FOR EAST CHURCH AVENUE"
AND RECORDED IN VOLUME 7 OF PRECISE MAPS AT PAGE 67, OFFICIAL RECORDS
OF FRESNO COUNTY AND ALSO BEING THE TRUE POINT OF BEGINNING; THENCE
SOUTH 01001'.53" EAST, A DISTANCE OF 314.14 FEET, CONTINUING ALONG SAID EAST
LINE TO THE NORTHERLY BOUNDARY LINE AS SHOWN ON THAT CERTAIN MAP
TITLED "TRACT NO. 4682" RECORDED IN BOOK 68 OF OFFICIAL PLATS AT PAGE 3;
THENCE CONTINUING ALONG SAID NORTHERLY LINE, THE FOLLOWING FIVE (5)
COURSES:
NORTH 56°26'18" WEST, A DISTANCE OF 11.12 FEET; THENCE
NORTH 33020'06"EAST, A DISTANCE OF 14.63 FEET; THENCE
NORTH 69058'27"WEST, A DISTANCE OF 61.03 FEET; THENCE
NORTH 78059'40"WEST,A DISTANCE OF 58.71 FEET; THENCE
SOUTH 89047'31" WEST, A DISTANCE OF 99.27 FEET; THENCE, LEAVING SAID
NORTHERLY LINE, NORTH 01001'53" WEST, A DISTANCE OF 275.64 FEET TO SAID
FUTURE SOUTH RIGHT-OF-WAY LINE; THENCE NORTH 89048'06" EAST, A DISTANCE
OF 67.57 FEET, ALONG SAID FUTURE SOUTH RIGHT-OF-WAY LINE TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS
OF 753.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE AND ALONG SAID
FUTURE SOUTH RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 6052'18", AN
ARC DISTANCE OF 90.31 FEET; THENCE SOUTH 83°19'36" EAST, A DISTANCE OF 57.33
FEET, ALONG SAID SOUTH RIGHT-OF-WAY LINE, TO THE TRUE POINT OF
BEGINNING.
CONTAINING 1.380 ACRES OR 60,113 SQUARE FEET, MORE OR LESS.
T-5235 n
2005-100 /vI
15-A-7944
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