HomeMy WebLinkAboutT-5270 - Agreement/Covenant - 9/13/2006 Recording Requested By:
Recording Requested by IIII III III�III II II IIII II II II IIII III I IIII�III�IIII
City Clerk, Fresno, California
No Fee-Govt. Code 6103 FRESNO County Recorder
Return to City Clerk, Fresno Robert C. Werner
DOC— 2006-0159713
When Recorded, Return To: Tuesday, AUG 01, 2006 13:57:59
City Clerk Ttl Pd $0,00 Nbr-0002252238
City of Fresno JZG/R3/1-6
2600 Fresno Street
Fresno, CA. 93721-3623
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NOTICE OF TERMINATION AND RELEASE
REGARDING
AGREEMENTS TO ADVANCE CONSIDERATION
OF FINAL TRACT MAP NO. 5205 AND FINAL TRACT MAP NO. 5270
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NOTICE OF TERMINATION AND RELEASE
OF AGREEMENTS
RECITALS
A. COPPER RIVER DEVELOPMENT COMPANY, INC., a California
corporation ("CRDC") and COPPER RIVER RANCH, LLC, a California limited liability
company ("CRR") are the owners of Final Tract Map No. 5205; and
B. COPPER RIVER RANCH VILLAGES, LLC, a California limited liability
company ("CRRV") is the owner of Final Tract Map No. 5270; and
C. CRDC, CRR and City of Fresno ("City') are parties to a certain Agreement
to Advance Consideration of Final Tract Map 5205 ("Agreement T5205") dated April 4,
2006 and recorded on April 25, 2006 as Instrument No. 2006-0086701 of Official
Records of Fresno County, whereunder CRDC and CRR provided City with certain
representations, warranties, covenants and assurances pending completion of
proceedings for formation of City Community Facilities District No. 12 (the "CFD 12")
and annexation of the therein described Property, identified in Exhibit A hereto, into the
CFD 12 and the imposition of the special tax lien of CFD 12 upon the Property, said
Agreement constituting a covenant running with the land; and
D. CRRV and City are parties to a certain Agreement to Advance
Consideration of Final Tract Map 5270 ("Agreement T5270") dated June 13, 2006 and
recorded on July 6, 2006 as Instrument No. 2006-0140610 of Official Records of Fresno
County, whereunder CRRV provided City with certain representations, warranties,
covenants and assurances pending completion of proceedings for formation of the CFD
12 and annexation of the therein described Property, identified in Exhibit "B" hereto, into
the CFD 12 and the imposition of the special tax lien of CFD 12 upon the Property, said
Agreement constituting a covenant running with the land; and
E. On July 18, 2006 the formation of CFD 12— Copper River Ranch was
approved and the levy of special taxes upon the non-exempt Property within Tracts
5205 and 5270 was authorized, pursuant to adoption of Ordinance No. 2006-97; and
F. On July 28, 2006 the Notice of Special Tax Lien — City of Fresno
Community Facilities District No. 12 was recorded as Instrument No. 2006-0157152 of
Official Records of Fresno County; and
G. Agreement T5205 and Agreement T5270 each require that the City record
a written notice of termination and release upon completion of annexation of the
Property to the CFD 12 following the date upon which notice of special tax lien is
recorded against all of the Property.
NOWTHEREFORE, in consideration of the above recitals the City hereby
terminates and releases Agreement T5205 and Agreement T5270 including covenants
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affecting Property thereunder effective as of July 28, 2006, the date upon which the
Notice of Special Tax Lien — CFD 12 was recorded with the Fresno County Recorder
against the non-exempt Property within T5205 and T5270, provided that nothing herein
shall terminate, release, discharge, waive or limit the respective obligations of CRDC,
CRR and CRRV to indemnify, defend, hold the City harmless from costs and/or claims
which by their terms survive termination and release.
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WITNESS the due execution hereof the date aforesaid.
CITY OF FRESNOa
a municipal corporation
By:fAA�- "--)
Michael T. Kirn
Assistant Director
Public Works Department
By: 1-4419
Nick P. Yovi o
Director Planning and Development
Department
APPROVED AS TO FORM:
James C. Sanchez
4ote4m City Attorney
By: L-1
Deput
ATTEST
REBECCA E. KLISCH
Ci Clerk
By.
Deputy
Attachment: Exhibit A — Property Description T5205 and T5270
a Signatories must be acknowledged by notary.
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EXHIBIT A
DESCRIPTION OF PROPERTY - T5205
Real property located in the City of Fresno, California, described as follows:
Lots 1 through 134, inclusive, Outlots A through Z, inclusive, and Outlot AA of Tract No.
5205 according to the map thereof recorded in Book 75, at Pages 31 through 55
inclusive, of Plats, Fresno County Records.
DESCRIPTION OF PROPERTY—T5270
Real property located in the City of Fresno, California, described as follows:
Lots 1 through 54 inclusive and Outlots A, B, and C of Tract 5270, in the City of Fresno,
County of Fresno, State of California, according to the map thereof recorded in Book 76,
Pages 19 through 23 inclusive, of Plats, Fresno County Records.
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ALL-PURPOSE CALIFORNIA ACKNOWLEDGEMENT
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personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
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*****************OPTIONAL INFORMATION*****************
The following information is not required by law,however it may be helpful in preventing fraudulent use
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CLERK'S CERTIFICATION
State of California)
County of Fresno)
On August 1.2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
Michael T. Kirn, Assistant Public Works Director and Nick P. Yovino. 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 be 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.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK, CMC
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By �.
Deputy