HomeMy WebLinkAboutT-5248 - Agreement/Covenant - 5/29/2007 � f
When Recorded Mail To:
City Clerk
05/24/2007,20070102569
City of Fresno
2600 Fresno Street
Fresno, California 93721-3603
D
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C:) Planning and Development Department
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RELEASE OF STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT TO PROVIDE THE FIVE PERCENT OPEN SPACE
REQUIRED BY THE ROOSEVELT COMMUNITY PLAN FOR FINAL
MAP NO. 5248
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WHEREAS, BRANKO B. CUCUK and GEORGIA J. CUCUK; THE GEORGE N. AND
VERA ZENOVICH FAMILY TRUST, UNDER DECLARATION OF TRUST DATED 8/23/91; THE
WALTER CUCUK FAMILY JOINT TRUSTAGREEMENT DATED OCTOBER 16,1980;THE 1992
JONIGIAN FAMILY TRUST DATED DECEMBER 16, 1992; THE DESA AND GEORGE BELYEA
CHARITABLE TRUST DATED DECEMBER 16,1992;AND FRESNO REGIONAL FOUNDATION,
A CALIFORNIA NON-PROFIT CORPORATION, entered into a covenant to Provide the Five
Percent Open Space Required by the Roosevelt Community Plan, dated September , 2004 and
recorded,on October 5, 2004 as Instrument No. 2004-0223592 of Official Records of Fresno
County, hereinafter referred to as the "Covenant;" and
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WHEREAS, said Covenant is attached as Exhibit A; and
WHEREAS,the Director of the Planning and Development Department has determined that
the terms of the said Covenant have been satisfied with the recording of all phases of Tentative
map No. 5248 to include a 7.5 acre liner park which meets all the open space required for both
maps and that the continued existence and enforcement of said Covenant are no longer necessary.
NOW,THEREFORE,in accordance with the provisions of said Covenant,the City of Fresno
does hereby release the Subject Property from said Covenant and that it shall be of no further force
or effect..
DATED: ! Z,(VO-7
APPROVE
AS TO FORM:
CITY OF!FRESNO JAMES C. SANCHEZ
a Municipal Corporation City Attorney
Q]�By. By:
KEITH BERGTHOLD, hn OX, Deputy City Attorney
Planning and Development Department
DATE: 42)a
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CLERK'S CERTIFICATION
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) .
CITY OF FRESNO)
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On May 9, 2007, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno,
personally appeared, Keith Berathold, Assistant Planning and Development Director,
personally known to me (or 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.
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WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK, CMC
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By -�
Deputy
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EXHIBIT A
WHEN RECORDED MAIL TO: illi III IIII IN IIIII III I I IIIII II IIIIIIIII I III II III
FRESNO County Recorder
City clerk Robert C. Werner
City of Fresno DOC— 2004-0223592
2600 Fresno Street Tuesday, OCT 05, 2004 11:07:32
Fresno,CA 93721-3603 Tt1 Pd $0,99 Nbr-9001617111
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NO FEE-Government Code 6103
CITY of FRESNO
Planning and Development Department
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
TO;PROVIDE THE FIVE PERCENT OPEN SPACE REQUIRED BY
THE ROOSEVELT COMMUNITY PLAN FOR TRACT NO. 5248
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EXHIBIT A
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Recording Requested by
City Clerk, Fresno, California
No Fee-GiOVt. Code 6103
Return to:City Clerk, Fresno
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.5248
RECITALS
A. WHEREAS, BRANKO B. CUCUK AND GEORGIA J. CUCUK, HUSBAND AND WIFE,
AS TENANTS IN COMMON, AN UNDIVIDED 115 INTEREST; GEORGE N. ZENOVICH AND VERA
ZENOVICH, CO-TRUSTEES, THE GEORGE N. AND VERA ZENOVICH FAMILY TRUST, UNDER
DECALTATION OF TRUST DATED 8/23191,AN UNDIVIDED 115 INTEREST; WALTER CUCUK AND
BARBARA ELAINE CUCUK,AS TRUSTEES UNDER THE WALTER CUCUK FAMILY JOINT TRUST
AGREEMENT DATED OCTOBER 16, 1980,AN UNDIVIDED 115 INTEREST;A.JOHN JONIGIAN AND
THERESA JONIGIAN,AS TRUSTEES OF THE 1992 JONIGIAN FAMILY TRUST DATED DECEMBER
16, 1992 SAN UNDIVIDED 115 INTEREST; DESA C. BELYEA, AS SURVIVING TRUSTEE OF THE
DESA AND GEORGE BELYEA CHARITABLE TRUST, DATED 12129195, AN UNDIVIDED 10%
INTEREST; AND FRESNO REGIONAL FOUNDATION, A CALIFORNIA NON-PROFIT
CORPORATION, AS TO AN UNDIVIDED 10% INTEREST, (hereinafter collectively referred to as "the
Covenantor")are the owners of that certain real property in the City of Fresno,County of Fresno, State of
California,;hereinafter referred to as"the Subject Property"and more particularly described as follows:
PARI
CEL A
That portion of the Southeast Quarter of Section 16, Township 14 South, Range 21 East, Mount
Diablo Base and Meridian, described as follows:
Beginning at the center Quarter corner of said Section 16; thence South 88"46'23" East, along
the North line of the Southeast Quarter of said Section 16, a distance of 1,343.73 feet; thence South
0°03'37" East, a distance of 258.43 feet to the TRUE POINT OF BEGINNING; thence South 0°03'37"
East, a distance of 248.31 feet; thence South 18"44'31" West, a distance of 313.56 feet; thence
Southwesterly along a tangent curve, concave to the Southeast, having a radius of 642.50 feet, through
a central angle of 18°30'54", a distance of 207.62 feet;thence South 0°13'37"West,a distance of 70.91
feet; thence South 89°46'23" East, a distance of 85.00 feet; thence North 0°13'37" East, a distance of
54.61 feet; thence Northeasterly, along a non-tangent curve, concave to the Southeast whose radius
point bears South 89042'13" East, having a radius of 667.53 feet, through a central angle of 16°50'19", a
distance of 196.18 feet; thence.North 18°44'31" East, a distance of 219.58.feet; thence Northeasterly,
along a non-tangent curve, concave to the Northwest, whose radius point beats North 71006'42" West,
having a radius of 642.64 feet; through a central angel of 1895621", a distance of 212.24 feet; thence
North 0"03:'37"West,a distance of 156.28 feet; thence South 8905623"West, a distance of 8 900 feet to
the TRUE POINT OF BEGINNING. I
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EXHIBIT A
EXHIBIT A
STATEMENT OF COVENANTS
To Provide the Five Percent Open Space
Required for Tract 5248
Page t
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PARCEL B
That portion of the Southeast Quarter of Section 16, Township 14 South, Range 21 East, Mount
Diablo Base and Meridian,described as follows:
Beginning at the. center Quarter corner of said Section 16; thence South.89°46'23" East, along
the North line of the Southeast Quarter of said Section 16, a distance of 1,343.73 feet, thence South
0°03'37"East, a distance of 506.74 feet;thence South 18°44'31"West, a distance of 313.56 feet;thence
Southwesterly along a tangent curve, concave to the Southeast, having a radius of 642.50 feet, through
a central angle of 18°30'54", a distance of 207.62 feet;thence South 0°13'37"West, a distance of 130.91
feet to theTRUE POINT OF BEGINNING; thence South 0013'37"West, a distance of 94.86 feet;thence
Southerly':along a tangent curve, concave to the West, having a radius of 515.00 feet, through a central
angel of 10°45'16", a distance of 96.66 feet; thence South 10°58'53" West, a dislance of 84.86 feet;
thence South 18°39'40" West, a distance of 78.34 feet; thence South 5°20'01" West, a distance of
150.17 feet; thence South 5°02'10" West, a distance of 53.20 feet; thence South 85057'50" East, a
distance of 85.00 feet; thence North 5'02'10" East, a distance of 146.40 feet; thence North 12°31'16"
East, a distance of 195.47 feet; thence Northeasterly along a tangent curve, concave to the Northwest,
having a radius of 600.00 feet; through a central angle of 12°17'38", a distance of 128.74 feet; thence
North 0°13'37" East, a distance of 92.25 feet; thence North 89°46'23" West, a distance of 85.00 feet to
the TRUE'POINT OF BEGINNING.
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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 if Subordination, if any, are attached hereto and made a
Part
of this instrument;
D. !WHEREAS, the Covenantor has entered into an agreement to sellthe Subject Property to
the owners and developers of Vesting Tentative Tract No. 5248, Sunnyside Project, LLC., a California
corporation;
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E. WHEREAS, Granville Homes, Inc. was 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. i WHEREAS, Granville Homes, Inc. met the condition of approval described in Recital E by
obtaining a covenant securing and providing open space on property("Tract 5228 Property")described in
that Covariant recorded on February 9, 2004 In the Fresno County Recorder's Office as Document No.
20040030320('Tract 5228 Covenant");
G. I. WHEREAS, Granville Homes, Inc. obtained approval to develop the Tract 5228 Property
under an approved Tentative Map No.5228;
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G. WHEREAS, Granville Homes, Inc. desires to final the tentative map and obtain approval
of Final Trkt No.5228;
G. WHEREAS, the Granville Homes, Inc. wishes to obtain a release of th ract 5228
Covenant by securing and providing an alternate site for the 2.36 open space from thb 228
Property on, the Subject Property;
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[ EXHIBIT A ) '
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{ EXHIBIT A
STATEMENT OF COVENANTS
To Provide the Five Percent Open Space
Required for Tract 5248
Page 3
H.! WHEREAS,the Covenantor is willing to provide an alternate 2.36 acres for open space on
the Subject Property and thereby release Final Tract Map No. 5228 for recordation;
I. "� WHEREAS, the Covenantor agrees to provide the required 2.36 acres-of open space on
the Subject Property whether or not Sunnyside Project, LLC., 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 Subject Property is developed with 2.36 acres of open space as
required by the conditions of approval of Vesting Tentative Tract Map No. 4570 and is not developed,
used, or maintained in such 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 Map No.
4570.
COVENANTS, CONDITIONS,AND RESTRICTIONS
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For favorable action on, and approval of, Granville Homes' request for approval of Final Tract No. 5228,
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 covenants and agree as follows:
j a. Granville Homes, Inc. or Covenantor shall develop 2.36 acres of open space on
the;Subject Property ("Open Space") 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 improve an alternative 2.36 acres of open space at a location approved in writing, at
its 4easonable discretion, by the City of Fresno.
b. Granville Homes, Inc. or Covenantor shall maintain the Open Space (or any
altemate 2.36 acres of open space approved by the City of Fresno as contemplated by
Paragraph 1. a. above) until such time as it is annexed into the City's Community Facilities
District No. 2.
c. The Covenantor and Granville Homes, Inc, upon taking title to the Subject
Property, shall allow access to the Open Space once the improvements are complete by the
general public for the use and enjoyment of the owners and/or residents of all phases o Vesting
Tertative Tract No. 4570, as open space.
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EXHIBIT A
STATEMENT OF COVENANTS
To Provide the Five Percent Open Space
Required':for Tract 5248
Page 4
d. The Covenantor or Granville Homes, Inc., as successor owner, may deed the
Open Space to the City of Fresno to be used and maintained as open space for the residents in
the neighborhood.
e. The Covenantor or Granville Homes, Inc. hereby pledges and assigns to the City
of Fresno$25,000.00 in the form of security approved by the City Attorney and the Planning and
Development Department Director, as surety for improvement and maintenance of the Open
Space (or an alternative 2.36 acres of open space approved by the City as contemplated in
paragraph t.a above) 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 $25,000.00 for the purpose of
improving and maintaining the Open Space(or an alternative 2.36 acres of open space approved
byl the City as contemplated in paragraph 1.a above) in the event that Granville Homes, Inc.
should fait to do so. The $25,000.00 security shall be returned to Granville Homes, Inc., at such
time as the Open Space (or an alternative 2.36 acres of open space approved by the City as
contemplatedin paragraph t.a above) 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 of open space area encumbered under this Statement of
Covenants shall solely apply to Granville Homes, Inc, and the requirements imposed under Tract
Map No.4570 and may not be used to meet the open space requirements for development of the
Subject Property or Tentative Tract Map No. 5228.
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.
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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 Subject Property must be approved in
writing by the Director of the Planning and Development Department for the City of Fresno.
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EXHIBIT A
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EXHIBIT A
STATEMENT OF COVENANTS
W To Provide the Five Percent Open Space
Requiredfor Tract 5228
Page 5
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5.1 This covenant agreement may be signed in counterpart.
DATED: D COVENANTOR
BRANKO B. CUCUK AND GEORGIA J CUCUK; THE
GEORGE N. AND VERA ZENOVICH FAMILY TRUST,
UNDER DECLARATION OF TRUST DATED 8123/91;
THE WALTER CUCUK FAMILY JOINT TRUST
AGREEMENT DATED OCTOBER 16, 1980; THE 1992
JONIGIAN FAMILY TRUST DATED DECEMBER 16,
1992;THE DESA AND GEORGE BELYEA CHARITABLE
TRUST DATED DECEMBER 16, 1992; AND FRESNO
REGIONAL FOUNDATION, A CALIFORNIA A NOW
PROFIT CORPORATION.
GRANVILLE HOMES INC., A CALIFORNIA
CORPORATION, ATTORNEY-IN-FACT FOR
COVENANTOR UNDER PURCHASE AND SALE
EME T AND JOINT ESCROW
INS ONS, TE AY 27,2003
CSS 1, President 1 {';r4 AVf I V' `.o"195,
CITY OF FRESNO, Ma rlaa er Of Sunnysf& pro Lx
a Municip i'Corporation u
ovmo,Director
Pianni and Development
Depa 'eni
APPROVED AS TO FORM
Hilda C to,Montoy
City om
By:
Deputy
SELLER'S DESIGNEE UNDER PURCHASE AND
SALE AGREEMENT AND JOINT ESCROW
IN RUCTIONS,DATED MAY 27, 003.
George N. enovlch, Iters Designee
(Attach Notary Acknowledgment)
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�y STATE OF CALIFORNIA
COUNTY OF FRESNO } S.S.
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On September 14,2004 before me,
Jaime Harlan
a Notary Public in and for said County and Stale,personally appeared
�'
George N.zenovich COMM.A1495329
tit)T111tY Com"
FWSW
personally known to me(or proved to me on the basis of satisfactory Cama.V.,
evidence)to be the person(s)whose name(s)islare subscribed to the
within;instrument and acknowledged to me that ho/shelthey executed
the same In hislher/thelr authortzed capacity(les) and that by
hislfteHlheir signature(s)on the instrument the person(s),or the entity
upon behalf at which the person(s),acted,executed the instrument
WITNESS hand and official seal.
G��5ignalur (This area for official notonal seal)
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nwryuk m.(010698)
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cir11, 1
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EXHIBIT A
STATEMENT OF COVENANTS
Tq Provide the Five Percent Open Space
Required for Tract 5228
` . .Page 6
STATE OF CALIFORNIA )
)ss.
COUNTY jOF FRESNO
/ )
2004, before me, , nkv�rNotary Public In
and for the said County and State, personally appeared Gam! 5're ,l . personally known
to me(or 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 he/she/they executed the same in histher/their authorized
capacity(ies), and that by his/herltheir signature(s)on the instrument the person(s), or entity upon behalf of which
the person(s)acted,executed the instrument
oaa fticial seal.
MINE 8,1
J!'GIOWEL1EJi
COtilAl/i38004,t "
1 ► Signature
CMM EPP.OCT.20 2006
CHRISTINE S.LtNGENFtdTER
COMM.w 1380634
rarrunn�e.
CALWORM
FRESNO COUMy
STATE OF CALIFORNIA ) V V Cam.EM,OCT.20 2006
)ss.
COUNTY OF FRESNO )
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On , 2004, before me, a Notary Public in
and for the said County and State, personally appeared personally known
to me(or 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 hetshelthey executed*the same in his/herAheir authorized
capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or entity upon behalf of which.
the person(s)acted,executed the instrument.
WITNESS my hand and official seal.
Signature
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EXHIBIT A
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CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO ).
CITY OF FRESNO }
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On September 29,2004,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 instrument(s)the person(s),
or the entity upon behalf of the City of Fresno of which the person(s)acted,executed the
instrument.
W1NESS my hand and official City Seal.
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REBECCA E. KLISCH, CMC
Cllr iCcERK
D` w ��• ' _
y '
Yi DepAty= Septmiber 29,200 (�:09pm)
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