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HomeMy WebLinkAboutT-5710 - Agreement/Covenant - 12/24/2008 (4) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, Ca 93721-3603 1212412008,20080115080 No Fee-Govt. Code 6103 CITY OF FRESNO Public Works Department LL P.W. File No. 11319 Z O O W Cn Q w J CL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING NOTICE THAT LOT 10 OF TRACT NO. 5710 WILL BE USED TEMPORARILY AS AN OPEN SPACE AREA AND POTENTIALLY PERMANENTLY AS EITHER A PUBLIC STREET OR A SINGLE-FAMILY RESIDENTIAL DEVELOPMENT Statement of Covenants Notice of Temporary and Potentially Permanent Uses Lot 10 of Tract No. 5710 Page 2 WHEREAS, THE COALITION FOR URBAN RENEWAL EXCELLENCE, a California Non-Profit Organization and GRANVILLE HOMES, INC., a California Corporation, hereinafter referred to as the "Covenantor;" and WHEREAS, Covenantor 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 as: Lots 1 through 46, inclusive of Tract No. 5710 recorded in Volume of Plats at Pages f , Fresno County Records; and WHEREAS,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 and that all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and WHEREAS, Covenantor has filed with the City of Fresno, Vesting Tentative Map No. 5710 which was approved by the Fresno City Planning Commission on March 7, 2007, 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 requires future consideration by the City to extend a public street north of West Saginaw Way over Lot 10 of said Tract No. 5710 (Lot 10) should a development entitlement be approved that incorporates the remainder parcel, shown on said Tract No. 5710, and the property abutting said remainder parcel to the north and provides for access and connectivity of said remainder parcel with the local street network in the area acceptable to the City for all parts of said remainder; and Statement of Covenants Notice of Temporary and Potentially Permanent Uses Lot 10 of Tract No. 5710 Page 3 WHEREAS, the condition of approval for such future public street extension requires that in the interim Lot 10 be developed, maintained and utilized as a public open space area facility; and WHEREAS, the condition of approval of the Tentative Map for such future public street extension requires that should the approved development entitlement for said remainder parcel and the property abutting said remainder parcel to the north not require the extension of a public street on Lot 10 that Lot 10 would be then allowed to be developed for single family residential use, and WHEREAS, the condition of approval of the Tentative Map regarding the interim and ultimate use and development of Lot 10 is more particularly described in Document No..200d''0/?5099 recorded on Fresno County Records. 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 Covenantor acknowledges that Lot 10 of said Tract No. 5710, as depicted on the attached Exhibit`A', is to be developed and used temporarily as an open space area facility and potentially at an undetermined future point in time, to be developed and used as either a public street or a single-family residential development. Statement of Covenants Notice of Temporary and Potentially Permanent Uses Lot 10 of Tract No. 5710 Page 4 2. The foregoing conditions and obligations of this Statement shall remain in full force and effect until such time as Lot 10 is subsequently developed as either a public street or single- family residential use and the Public Works Director issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 3. In the event that litigation is instituted to enforce or interpret any provision of this Statement, 'the parties agree that the prevailing party shall be paid reasonable attorney's fees, costs and litigation expenses. 4. 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 Notice of Temporary and Potentially Permanent Uses Lot 10 of Tract No. 5710 Page 5 DATED: �r Z,f- 4 �� LS , ZcSaj?� CITY OF FRESNO, COVENANTOR a Municipal Corporation THE COALITION FOR URBAN RENEWAL Public Works Department EXCELLENCE Patrick Wiemiller, Director A California Non-Profit Organization -zd4t Scott Mozier, PE, Assists Director Nath n Magsig, Exe irector APPROVED AS TO FORM: GRANVILLE HOMES, INC., A California Corporation JAMES C. SANCHEZ City Attorney By: —v Darius Assemi, Vice President By: (nom(J johm W. Fox JT) SD Date: c (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �s tid On before me, 14, /YI/4A5Z3.4/ (, /lJD71i2�`� i��t3�c Date ' Here Insert Name and Title of the Officer personally appeared /n/4z:�S 1,!:::�7 Name(s)of Signer(s) who 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 1IFFANIE A MARSHALL capacity(ies), and that by his/her/their signature(s) on the COMM.#1764916 p instrument the person(s), or the entity upon behalf of NOTARY PUBLIC-CALIFORNY� .., which the person(s) acted, executed the instrument. FRESNO caurrr p ( ) My Como.Expires ft 31,2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature C�G�LC.c_e l�c' - 79JGl, o16a Gp 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 of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General _ ❑ Attorney in Fact ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association-9350 Desoto Ave.,PO.Box 2402-Chatsworth,CA 91313-2402•www.NaticnalNctaryorg Item#5907 Reorder:Call Tall-Free 1-800-876.6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of rre_5n- n - On A)O() tt b� 2,5jMY before me, LY'15+-I rQC6, C • Date Here In rt Nam6 and Title of the Officq personally appeared Dow t a4 4 55 e Name(s)of Signer(s) who 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 CRIVIRNG.LOPEZ instrument the person(s), or the entity upon behalf of Commission#1552075 which the person(s) acted, executed the instrument. Notary Public-California zZ Fresno county I certify under PENALTY OF PERJURY under the laws emyComm.Expires Feb12,2009 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature C. 16� Place Notary Seal Aboveignat�u et• 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 of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ _ _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on �'�? /ri` in the office of the Fresno County Recorder E, as Document No. of which the Deed of Trust in by and between: 1, as Trustor, Cc,r if i12AnV (z Cr-11 f tr'< �f°~' ' ,Ja�Sirus#ee, and', C0C ! r Y�;�;1� 1 111-ibO, [ie.�; _��I `�/1't6 �',�/ L�. � I'L';��yet as Beneficiary, t' hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the PR6u16e�1G nro�t6e Tti foregoing Statement of Covenants Affecting Land Development f JOr /D j y�2AGj N�: -7/0 0/44 CSE U-Z'C4 7emP644RILY Ari 'q q 0Feiv S+010 Ge IN M;lP r fZ I/W( �vTC Y qs r?(�tq .� PIJQuc sTnCET 02 /9 S/NG T DATED: le { tS BENEFICIARY By: ftp CC{i''1 Li1'� w-/ By: (Beneficiary to print/type Name, Title and attach Notary Acknowledgment) 1':�//2 x�t AMi;-12tc4N 7717-L,- G//�(�G24 C0P 61,',4T(ON '2-jc_1r0,2-00JP-613&`1g7 QCCORP64 .s 6PTE,.1,g%2 ?ql 2ao0� is T2 5��,_ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Af )V- 244 ;We before me, T/G� 'yiE /Yll4�S.�l/�f(, yD77$A_;y Date Here Insert Name and Title of the Officer personally appeared /n Az:f2S X67 Name(s)of Signer(s) who 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 1IFFANIEA.MARSHALL instrument the person(s), or the entity upon behalf of COMM.#1764916 which the person(s) acted, executed the instrument. NOTARY PUKE-FRMWCUM� Mh'CWf%EVIlrsAu&31,2MI I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature a Au _,-'e .?- Gr�G�eo 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 of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2007 National Notary Association•9350 De Sato Ave.,P.O.Bax 2402-Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder,Call Toll-Free 1-800-876-6827 NORTH BLYTHE AVENUE EXHIBIT "A" 73 a:177 F, Ili m N 00'01'46'W P N 00'01'4 'W mip 95.62' 4 95.60 P _i ro o m N '01'46 1N W01'46'W 96.62'110,9 i 96 62' $ ,NPPUEb j W o N 01'4'M IN N W01'46"W 97.62 0. 97 64' W E IPPUEA g N 00'01'46'0. 00'01'46'W 98.62 _ 98.66' NV p I o N 01'46 Wr I IN 00'01'4 'W 99.62 99.68' � I r m Q1 $ N 01'46"W,. 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F' -< IN 00' 1'46'Wp N W01'46"W 100.00' 100.00'10'L" I"".N ' "' '� PUER) $ U'PPUEI 00'01'4'W0 100.00' q100.00'c ro � c NWv ` �6:�j�= BRUNSWICK AVENUE CLERK'S CERTIFICATION State of California ) County of Fresno ) On December 18, 2008, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Scott Mozier, PE, Assistant Public Works Director, who 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) acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. REBECCA E. KLISCH, CMC City Clerk, City of Fresno o � By Deputy a Fily q'9TE0 a eYQM1�' CLARIFICATION DECLARATION I CERTIFY UNDER PENALTY OF PERJURY THAT THE "CLARIFICATION PAGE (S)" THAT FOLLOW THIS PAGE IS / ARE A TRUE AND CORRECT COPY OF THE ILLEGIBLE PAGE(S) BEING CLARIFIED. DATE: Z-z - SIGNATURE: r kAO (GOVT. CODE SEC. 27361.7) SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 15, 2006, in the office of the Fresno County Recorder as Document No. 06 - 104500 of which the Deed of Trust in by and between: Granville Homes, Inc., a California Corporation as Trustor, *Financial Title Company, a California Corportation, as Trustee, and The Coalition for Urban Renewal Excellence, a California Non-Profit Organization, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development foF the Maintemanee of. E)ertaim lfflpravement5 for th Final Map of Traet Ne. 5710 Providing Notice That Lot 10 of Tract No. 5710 Will Be Used Temporarily as an Open Space Area and Potentially Permanently as Either a Public Street or a Single-family Residential Development. DATED: BENEFICIARY By. Nathan Magsig, Executive Director The Coalition for Urban Renewal Excellence, A California Non-Profit Organization By: (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) "First American Tule, a California Corporacion Per Doc. No. 2008-0136447 Recorded September 24, 2008 is now the Trustree.