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HomeMy WebLinkAboutT-5710 - Agreement/Covenant - 12/24/2008 (5) 1 WHEN RECORDED MAIL TO.- City O:City Clerk City of Fresno 12/24/2008120080175079 2600 Fresno Street Fresno, Ca 93721-3603 No Fee-Govt. Code 6103 CITY OF FRESNO OPublic Works Department LL z P.W. File No. 11319 0 U W {q 4 W J a STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LOT 10 OF THE FINAL MAP OF TRACT NO. 5710 Statement of Covenants Lot 10 of the Final Map 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: Lot 10 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 the Subject Property 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 WHEREAS, the condition of approval for such future public street extension requires that f Statement of Covenants Lot 10 of the Final Map of Tract No. 5710 Page 3 in the interim, the Subject Property 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 the Subject Property that the Subject Property would be then allowed to be developed for single family residential use, and WHEREAS, the Covenantor and the City of Fresno desire to enter into an agreement providing for the for future extension of such public street and the interim development and maintenance of the Subject Property. 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 grants to the City of Fresno, an irrevocable offer of dedication for a public street easement on, over and under the Subject Property and agrees such offer is to continue in effect until such time as the City either accepts the dedication or terminates the offer by summary vacation. Statement of Covenants Lot 10 of the Final Map of Tract No. 5710 Page 4 2. The Covenantor agrees that until the City of Fresno accepts such irrevocable offer of dedication or terminates the offer,the Covenantor agrees the Subject Property will be developed as a public open space area facility and provides the general public the right to enter upon the Subject Property for purposes of use and enjoyment of the 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 Public Works Director. The design of the open space facility, including fencing when required, shall conform to conditions of approval of the Tentative Map. 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 Public Works and Planning and Development Departments. 5. The open space facility shall be completed, inspected and accepted by the Public Works Department prior to the completion and acceptance of the street improvements for West Saginaw Way within the limits of said tract No. 5710. 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 completed and accepted by the Public Works Department for maintenance by a City of Fresno Community Facilities District. 7. The Covenantor agrees to maintain said open space facility until such time as the open space facility has been accepted by the Public Works Department for maintenance by a City of Fresno Community Facilities District. 8. 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, Statement of Covenants Lot 10 of the Final Map of Tract No. 5710 Page 5 whether such land be privately or publicly owned. 9. 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. 10. 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 violate the terms hereof. 11. The foregoing conditions and obligations of this Statement shall remain in full force and effect until such time as the Public Works Director issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 12. In the event that litigation is instituted to enforce or interpret any provision of this Statement of Covenants Lot 10 of the Final Map of Tract No. 5710 Page 6 Statement, the parties agree that the prevailing party shall be paid reasonable attorney's fees, costs and litigation expenses. 13. 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 Lot 10 of the Final Map of Tract No. 5710 Page 7 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation THE COALITION FOR URBAN RENEWAL Public Works Department EXCELLENCE Patrick Wiemiller, Director A California Non-Profit Organization By: By: Scott Mozier, PE, Assistatif Director Natha agsig, Execu i ector APPROVED AS TO FORM: GRANVILLE HOMES, INC., JAMES C. SANCHEZ A California Corporation City Attorney By: Darius Assemi, Vice President By: L Je4R_W__Pox © C . Nevt�cCL Date: C • �'� '`L� $ (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fie&_16A)o On /VOV- 2,�', 2—J ,e before me, Date Here Insert Name and Title of the Officer personally appeared /P'6��75/4377 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 .. TnIFFANiE A.MARSHAi1, capacity(ies), and that by his/her/their signature(s) on the COMM.#1764916 g instrument the person(s), or the entity upon behalf of e NoraRYPUBLIC.CAtUytq P which the person(s) acted, executed the instrument. FRESNO COUNIV MY Corrin.&Pk%Au&31.2031 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 Place Notary Seal Above If tl 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 _191; ElPartner—❑ Limited ElGeneral ❑ Attorney in Fact • ❑Attorney in Fact • ❑ Trustee Top of thumb here El Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotary.org Item#5907 Reorder:Call Tall-Free 1.800.876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of rre5k? On A)0o ttkr- 2,5 2DDY before me, Coi,5�7 rte. C . Lf�O_,2Z, / C-4- tj /0jA1C_ Date Here In rt Narn6 and Title of the Offic personally appeared DOL* tU4 A,55�u 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 CRISTINAG.LOPEZ instrument the person(s), or the entity upon behalf of @my Commission#1552075 Z which the person(s) acted, executed the instrument. Notary Public-CaliforniaZFresno County Comm.Expires Feb 12,2009 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 "I" a Place Notary Seal Above Sign ture o Notary Publi 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 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NadonaiNotary.org 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 t iC�.C{ �C�� in the office of the Fresno County Recorder as Document No. of which the Deed of Trust in by and between: S ��'l s r Lli l���`�'ItGE t� it17 C "� as Trustor, fes` F/j,)/-i :0 1 pi ;; ! ILL L���is%°tp�!3V , (+_ �.�Ip,�G�9i✓ i/t_ �� �;�;CE'�L �a`Tustee, i >'.. ' , / (I ��?tlas B n fic a �( fdri Zdt��E and' rx ��t 'n t! ld t� '�% '. (%r� ;� C� 7 _ ! l ry, r hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the �c✓� Loi 14 OF foregoing Statement of Covenants Affecting Land Development for the Ma!RteAai9ee 4-Ge# the Final Map of Tract No. 5710. DATED: 'ZU-005 BENEFICIARY By: r� a M- �1 Ali Pjq ��ecahVz rel �zLIt _ By: (Beneficiary to print/type Name,Title and attach Notary Acknowledgment) l~�I �L�CArI 7 1tr`ErS NOW T7-IC TRUST[r, Rr �oaflE.o scpTCm��R CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of A)C> On A)e Y4 940,3 before me, A-• Date Here Insert Name and Title of the Officer personally appeared i6, Name(s)of Signer(s) e who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that TIFFANIE A MARSHALL he/she/they executed the same in his/her/their authorized '~ COMM.#17649f 6 —r capacity(ies), and 'that by his/her/their signatures) on the NOTARYRIBUC-CgLIFppHq P instrument the person(s), or the entity upon behalf of ESWcoLll which the person(s) acted, executed the instrument. A&31.2011 1 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 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: Signers) Other Than Named Above: Capacityl ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Titlell ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ _ _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact • El Trustee El Trustee Top of thumb here 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.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 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. / 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 a By`"` Deputy GNP" O lti N�%eo oos. 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: i2-z3- og SIGNATURE: (�-- CVA )<Prw-)A-- 1 (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, Document No. 06 - 104500, Official Records 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 for the Maintenamee of Gertain Improvements fa Lot 10 of the Final Map Tract No. 5710. 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 Title, a California Corporation Per Doc. No. 2008-0136447 Recorded September 24, 2008, is now the Trustee