HomeMy WebLinkAboutT-5310 - Agreement/Covenant - 10/10/2006 WHEN RECORDED MAIL TO IIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIII
FRESNO County Recorder
City clerk Robert C. Werner
City of Fresno DOC— 2005-0144671
2600 Fresno Street Aeet 7-North American Title Company Inc.
Fresno, CA 93721-3603 Wednesday, JUN 29, 2005 08:00:00
tt l Pd $0.00 Nbr-0001870036
NO FEE- Government Code 6103 RGR/R7/1-0
APN: 313-040-47
Entitlement No: Tract No. 5310
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
TO PROVIDE THE FIVE PERCENT OPEN SPACE REQUIRED BY THE
ROOSEVELT COMMUNITY PLAN FOR FINAL MAP NO. 5310
L '
STATEMENT OF COVENANTS
To Provide the Five Percent Open Space
Required for Tract 5310
Page 2
RECITALS
A. WHEREAS, Lennar Fresno, Inc., a California Corporation (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:
PARCEL A
A PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 10, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MOUNT DIABLO
BASE AND MERIDIAN, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF:
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SECTION 10, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE & MERIDIAN,
THENCE NORTH 89049'00" EAST, ALONG THE NORTH LINE OF SAID NORTHEAST
QUARTER, A DISTANCE OF 959.72 FEET; THENCE SOUTH 00°10'54" EAST, A DISTANCE
OF 48.00 FEET, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH
00010'54" EAST, A DISTANCE OF 128.93 FEET; THENCE NORTH 89°49'06" EAST, A
DISTANCE OF 233.30 FEET;THENCE NORTH 00'11'19"WEST, A DISTANCE OF 128.93
FEET;THENCE WESTERLY ALONG THE LINE PARALLEL TO AND 48.00 FEET SOUTH OF
THE NORTH LINE OF SAID NORTHEAST QUARTER SOUTH 89'49'00"WEST, A DISTANCE
OF 233.29 FEET, TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THE NORTH 10 FEET
PARCEL B
A PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 10, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MOUNT DIABLO
BASE AND MERIDIAN, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF
CALIFORNIA, ACCORDING TO THE MAP THEREOF.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SECTION 10, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND
MERIDIAN, THENCE NORTH 89049'00" EAST, ALONG THE NORTH LINE OF SAID
NORTHEAST QUARTER, A DISTANCE OF 1319.45 FEET; THENCE SOUTH 00'11'19" EAST,
ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SAID SECTION 10, A DISTANCE OF 226.94 FEET, TO THE TRUE POINT OF BEGINNING
THENCE CONTINUING SOUTH 00011'19" EAST, ALONG SAID EAST LINE, A 100.00 FEET;
THENCE NORTH 0001119"WEST, A DISTANCE OF 130.53 FEET; THENCE NORTH 44'49'48"
EAST, A DISTANCE OF 17.46 FEET; THENCE NORTH 89049'06" EAST, A DISTANCE OF
87.65 FEET, TO THE TRUE POINT OF BEGINNING.
r STATEMENT OF COVENANTS
To Provide the Five Percent Open Space
Required for Tract 5310
Page 3
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, Covenantor was required by the conditions of approval of Vesting Tentative
Tract Map No. 5310, to provide five percent (5%) of the gross area of Tract 5310 as open space in
compliance with Roosevelt Community Plan Policy No. 1-71.3, said remaining open space being equal to
one acre;
E. WHEREAS, Covenantor desires to final the tentative map and obtain approval of Final
Tract No. 5310;
F. WHEREAS, Covenantor wishes to obtain a release of the conditions of approval of
Vesting Tentative Tract No. 5310, to provide five percent (5%) of the gross area of Tract 5310 as open
space in compliance with Roosevelt Community Plan Policy No. 1-71.3 by securing and providing an
alternate site for the one acre open space from the Tract 5310 Property onto the Subject Property;
G. WHEREAS, the Covenantor is willing to provide an alternate one acre for open space on
the Subject Property and thereby release Final Tract Map No. 5310 for recordation;
H. WHEREAS, the City of Fresno desires to obtain covenants from the Covenantor to insure
that the Subject Property is developed with one acre of open space as required by the conditions of
approval of Vesting Tentative Tract Map No. 5310 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 designate and develop the Subject Property to provide
the balance of the required five percent (5%) of the total area of Vesting Tentative Tract Map No. 5310
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. 5310.
STATEMENT OF COVENANTS
To Provide the Five Percent Open Space
Required for Tract 5310
Page 4
COVENANTS, CONDITIONS, AND RESTRICTIONS
For favorable action on, and approval of, Covenantor request for approval of Final Tract No. 5310, 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 hereby covenants and agree as follows:
a. Covenantor shall develop one acre 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 one
acre of open space at a location approved in writing, at its reasonable discretion, by the City of
Fresno.
b. Covenantor shall maintain the Open Space (or any alternate one acre 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 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 of Vesting Tentative Tract Map No. 5310,
as open space.
d. The Covenantor 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 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 Open Space (or
an alternative one acre of open space approved by the City as contemplated in paragraph 1.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, Covenantor grants
the City the right to use said $25,000.00 for the purpose of improving and maintaining the Open
Space (or an alternative one acre of open space approved by the City as contemplated in
paragraph 1.a above) in the event that Covenantor should fail to do so. The $25,000.00 security
shall be returned to Covenantor, at such time as the Open Space (or an alternative one acre of
open space approved by the City as contemplated in paragraph 1.a above) has been improved
and provisions have been made for its maintenance in a manner satisfactory to the City of
Fresno.
f. The one acre of open space area encumbered under this Statement of Covenants
shall solely apply to Covenantor and the requirements imposed under Tract Map No. 5310 and
may not be used to meet the open space requirements for development of the Subject Property.
STATEMENT OF COVENANTS
To Provide the Five Percent Open Space
Required for Tract 5310
Page 5
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.
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 one acre 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.
5. This covenant agreement may be signed in counterpart.
STATEMENT OF COVENANTS
To Provide the Five Percent Open Space
Required for Tract 5310
Page 6
DATED: SuNE 9/ ZOOS OWNERS
Lennar Fresno, Inc., a California Corporation
Steve Lutton, Vice President
CITY OF FRESNO,
a Municipal Corporation
By:
2Pa6-ni.P. ino, Director
and Development
Depa ent
APPROVED AS TO FORM:
Hilda Cantu Montoy
City Atto ey
By:
Deputy
(Attach Notary Acknowledgment)
t
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA }
COUNTY OF Fresno }
On April 6, 2005 before me, Tauna Rothermel , personally appeared
STEVE LUTTON
,Olpersonally 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
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), an 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. TCOMMIUWn
S 135117S
M. Notary PaWk-cmmwn a
IT: Ffflwo courft
IllyConn E*hftAw13,2006
ign
(NOTARY SEAL)
i
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On June 10, 2005, before me, Erika Leyva, Deputy City Clerk, personally appeared Nick P.
Yovino,Director Planning and Development Department,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.
WITNESS my hand and official City Seal.
REBECCA E J.L ISCH,
C/T Y CLERK
By 4r GU
Dep