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KB Resale Properties and KB Home South Bay Inc Cooperation Agmt
COOPERATION AGREEMENT BETWEEN CITY OF FRESNO KB RESALE PROPERTIES. INC.. and KB HOME SOUTH BAY, INC. 1 This Agreement ("Agreement") Is made and entered into as of this d3 day of Ir' ra&i� 2011 (the "Effective Date"), between the City of Fresno, a municipal corporation (the "City"), KS Resale Properties, Inc., a California Corporation, and KB Home South Bay Inc., a California Corporation (collectively, "KB Home"), and collectively, the'Parties', RECITALS WHEREAS, KB Home South Bay, Inc., the subdividerof Tract No. 5235, has completed construction of the tract, pursuant to the tentative map which was approved by the Fresno Planning Commission on April 21, 2004, and the Mal map approved by the City Council on November 1, 2005; and WHEREAS, KB Resale Properties, Inc. and KB Home South Bay, Inc. are both parties to the "Statement of Covenants Affecting Land Development for Landscaping and Maintaining an Off -Site Open Space Facility for the Final Map of Tract No. 5235", and the "Statement of Covenants Affecting Land Development for Temporary Off-site Storm Drainage Facilities for the Final Map of Tract No. 5235" (collectively, "Covenants") attached hereto as Exhibits "A" and 'A-1 incorporated herein by reference; and WHEREAS, pursuant to the Covenants, and as a condition of approval of the Tentative Map, KB Home must provide 2.83 acres for public or quasi -public open space within ane -quartet mile of the Tentative Map; and WHEREAS, KB Home has filed a Final Map of Tract No. 5235 pursuant to the Tentative Map, which provides 1.45: acres of open space; and WHEREAS, KB Home has elected to satisfy the balance (1.38 acres) of required open space; and WHEREAS, KB Home wishes to donate a certain parcel of land, containing 5 755 acres, (APN 481-300-33S) to the City of Fresno ("City"), that donated portion hereinafter referred to as the "Property" and more particularly described in Exhibit "B" attached hereto and incorporated herein; and WHEREAS, 1.38 acres of the Property shall be designated and maintained as open space as more particularly described in Exhibit "C" attached hereto and incorporated herein, and WHEREAS, the City and KB Home now desire. to enter into this Agreement providing for the disposition, development and maintenance of the Property consistent with the Statement of Covenants. AGREEMENT NOW, THEREFORE, In consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained, to be kept and performed by the respective parties, the parties agree as follows: 1. All the foregoing recitals are true and correct and Incorporated herein by this reference as fully set forth herein. 2. KB Home, in consideration of City's performance obligations hereunder and for no monetary consideration payable through Escrow will convey to City and City will acquire in fee from KB Home, the Property upon the following terms and conditions. 2.1 The City has requested and received a Preliminary Title Report on the Property dated January 29, 2009 (updated on September 13, 20 10) together with legible copies of all documents referenced therein as exceptions to Idle and a plot plan for the Property showing all the locations of all recorded easements (collectively, the "PTR"). The Property shall be conveyed subject only to "Permitted Exceptions," defined below. KB Home shall be obligated to remove or eliminate as exceptions to title all: (I) monetary (lens or encumbrances affecting the Property, except non -delinquent taxes and assessments except as may otherwise be act forth in this Agreement, and, (ii) all claims to fee title or leasehold or similar Interests, all of which consists Disapproved Exceptions. 22 "PeonRted Exceptions" shall mean all exceptions appearing on the PTR that are. (1) standard printed exceptions in the Title Policy issued by Escrow Holder, (ii) general and special real property taxes and assessments, a lien not yet due and payable: and (iii) any other liens. easements, encumbrances, covenants. conditions and restrictions of record, except exceptions numbered . Any new exceptions to title to the Property shown on any supplement to the PTR that may be issued from time to time by the Escrow Holder must es removed by KI3 Home at or priorm the Close of Escrow unless such exceptions are expressly approved by City in writing or unless such exceptions constitute Permitted Exceptions. 2.3 City's obligation to amender to the Close of Escrow on the Property is conditioned upon the commitment by Escrow Holder to issue a CLTA Owner's Policy of Title Insurance (the "CLTA Polley") showing title to the Property vested in Cry with liability equal to $600,000, subject only to the Permitted Exceptions (the "Title Policy"). KB Home shall pay for the CLTA Policy. 2.4 Cry shall have the period commencing with the Effective Date and ending at 5:00 p in pacific time, forty-five (45) calendar days thereafter (the "Feasiblllty Period") to review, in City's sole and absolute discretion, the suitability of the Property for City's use and development, and the presence of "Hazardous Materials" (as defined in Exhibit "E" which is attached hereto and expressly Incorporated herein). 25 City covenants that it shall, during the Feasibility Period, transmit to KS -2 Home a copy of the completed Phase 1 Environmental Site Assessment of the Property. In addition, City shall provide KB Home with copies of all environmental reports and test results conducted with respect to the Property by or on behalf of City. 2.6 Prior to the expiration of the Feasibility Period, City shall give written notice of City's approval or disapproval of the Property (the "Feasibility Notice"). If City disapproves the Property based upon its feasibility review, Nen this Agreement and the Escrow shall terminate, and the parties will have no further obligation to one another except as otherwise expressly provided herein. If the City approves the Property, then this Agreement continues in effect and the Parties shall carry out their obligations under the Agreement in accordance with As terms and conditions. 2.7 If any studies concluded by City during its Feasibility Period (including the Phase I Environmental Site Assessment) provides evidence of any Hazardous Materials on the Property, then KB Home shall have the option to terminate this Agreement by delivery of its written notice of termination to Ire issued not less than fifteen (15) business days following the delivery of such study by City to KB Home. 2.8 KB Home hereby grants City, or City's agents, the right, upon twenty-four (24) hours prior notice, to enter onto the Property to conduct tests or investigations, as follows: (a) City shall conduct tests or investigations at its sole cost and expense; (b) the tests or investigations shall not unreasonably interfere with KB Home's possession; and (c) City shall indemnify and hold KB Home harmless from any costs, liability or damage arising out of tests or investigation of the Property conducted by City, excluding pre- existing conditions, provided nothing herein shall constitute a waiver by City of governmental immunities Including California Government Code section 810 at seq. KB Home agrees that City's duty to indemnify antl hold KB Home harmless shall in no way act to abrogate or waive any immunities available to City underthe Tart Claims Ad of the State of California. 2.9 City shall rely solely on Its awn knowledge and investigation of the Property in determining whether to purchase the Property, including but not limited to determinations as to the suitability of the Property for City's intended uses made during Are Feasibility Period. KB Home shall have no duty to inquire or investigate any matter related to or arising from City's performance of Its investigation of the Property or City's analysis of Its investigations or City's decision as to the suitability of the Property for City's purposes. With the exception of the warranties set forth in section 2.10 below, the Pmperty is to be purchased with ALL FAULTS, In its ASIS condition, 2.10 KB Home represents and warrants that, to its actual knowledge: (a) KB Home owns the fee interest in the Property, subject only to the Permitted Exceptions', (b) K8 Home has no present knowledge of any pending litigation Involving the Property; (c) KB Home has no present knowledge of any violations of. or notices concerning defects or noncompliance with, any rode, statute, regulation, Ordinance, judicial order, orjudicial holding concerning the Property. Except as expressly warranted herein, KB Home makes no representation or warranty and has no affirmative duty to undertake any effort of any kind to determine the existence of any of the above noted conditions. These warranties shall survive the Closing and the record Ing of the grant deed. 2.11 Upon satisfaction of all conditions set forth in Section 3 of this Agreement, the parties will open an escrow (the 'Escrow") with Fidelity National Title Company located at 8050 N. Palm Ave., Suite 110, Fresno, CA 93711, (559) 432-1680, he the attention of Bernadette Watson, Escrow Officer (the "Escrow HoldeY). 2.12 This Agreement, when signed by all parties and deposited with the Escrow Hostler, will be the parties' Joint Escrow instructions. City and KB Home will sign any other form instructions required by Escrow Holder. Parties and each of them may submit supplemental escrow instructions. 2.13 City and KB Home will deposit all instruments, documents, money, and other items with the Escrow Halder that are: (i) identified in this Agreement; or (it) required by the Escrow Holder to effect the Closing on the date specified below. KB Home will deposit a recordable Grant Deed, substantially in the form attached as Exhibit "D' into the Escrow prior to the Close of Escrow, 2.14 The Escrow will be considered closed on the date that the Title Company is prepared to issue a standard CLTA owner's title Insurance policy to City insuring fee title in the condition set forth herein and reports the Grant Dead (the "Closing", or "Close of Escmw", or the'Closing Date'). The parties will use reasonable efforts to complete the Closing promptly following the opening of Escrow. 2.15 Property lazes for the current fiscal year, If any, shall be prorated at the close of escrow. It is understood that KB Home shall be responsible for the payment of all unpaid taxes, penalties, redemptions, and costs allocable to the subject property for all periods chair to close of escrow. Refund shall be made to KB Home out of escrow, for taxes previously paid by KB Home that are allocable to the part of the current fiscal year subsequent to the close of escrow. 2.16 City will pay the cost of the preliminary title report, any transfer taxes and the cost of preparing, executing, and acknowledging the Grant Deed and the Dead of Easement and anylall other instruments. KB Home will pay and be responsible for the payment of the CLTA Policy, all unpaid taxes, penalties, redemptions, and pests allocable to the subject property for all periods prior to Close of Escrow. KB Home and City shall each pay one -hall of all escrow and similar fees, except that if one party permits under this Agreement and escrow is terminated as a result thereof, the defaulting party shall pay all escrow fees and charges. Each party shall pay its own attorneys' fees. City and KB Home will pay any Other costs according to the custom in Fresno County. 2.17 It is agreed and confirmed by the City and KB Home that notwithstanding other provisions in this Agreement, the tight of possession and use of the Property by the City shall commence upon Close of Escrow. 2.18 KB Home represents and warrants that It has satisfied, or will satisfy before the Close of Escrow, all legal requirements for conveyance of the Property to the City. 2.19 Partieseach represent to fine other that each has had no dealings with any 4 broker, finder, or other party concerning City's purchase of the Property. Each party agrees to indemnify and hold the other harmless from all loss, cost, damage, or expense, Including reasonable attorney fees, incurred by the other as a result of any claim arising out of the acts of the Indemnifying party or others on that party's behalf, for a commission. finders-fee, or similar compensation made by any broker, finder, or any party who claims to have dealt with the indemnifying party, The representations and warranties combined In this section shall survive the Close of Escrow. 2.20 Each party Wlll sign and deliver further documents, ortake any further actions required to complete the purchase and sale described herein. 3. If the City does not timely approve the property pursuant to Section 2.6, then KB Home shall have no obligations under this Section 3, and KB Home shall remain responsible for all obligations under the Covenants. If the City timely delivers the Feasibility Notice approving the Property pursuant to Section 2.6, then KS Home shall, with respect to the Property: 3.1 Construct required utility main lines and provide one (1) complete 2 Inch domestic Water service, excluding meter, and required fire hydrants along property frontages, one (1) 6 inch sanitary sewer service, and one (1) underground electrical power and one (1) telephone service to the Property. Specific location of individual utility services to the Property shall be determined by the City of Fresno Parks, After-school, and Recreation & Community Services Department. All described Work shall be in conformance with engineered plans approved by the City. 3.2 Construct all Portland Cement Concrete (PCC) curbs, gutters, sidewalks and permanent asphalt concrete (AC) street paving along the south half of East Church Avenue between South Minnewaws Avenue and East Orangewood Avenue. KB Home shall Install PCC curbs, gutters, sidewalks and AC street paving along the east hall of Orangewood Drive between East Church Avenue and East Eugenia Avenue. Sidewalk pattern on Orangewood Avenue shall be a len (10) foot solid pattern with tree wells in the back 2 feet of the sidewalk and a ten (10) foot solid pattern with tree wells in the beck 2 feet of the sidewalk along Church Avenue All described Work shall be In conformance With engineered plans. approved by the City. 3.3 Pay the Fresno Metropollum Flood Control District drainage fee for the Property, reflecting open space. Within Drainage Areas BD &BG, cumermy estimated at $36,390. but net to exceed $40.000. 3.4 Install standard street lighting in accordance With City of Fresno Standards. 3,5 Dedicate property needed for street right of way along Church and Orangewood Avenues, in accordance with City Standards for street widths and adopted Plan Lines. 3.6 Pay all outstanding Urban Growth Management (UGM) and connection fees required for utility services to the Property. 3.7 Construct all required stone drain pipelines and Inlets serving the Property prior to all street paving_ 3.8 It is agreed and understood that KB Home shall not be entitled to any UGM or Citywide Park fee credits for the Property being transferred. 3.9 KB Home releases all rights to the $72,200 maintenance security on deposit with the City. The City shall use that money to maintain Me open spare portion of the Property outlined in Exhibit "C 3.10 The requirements of this Section 3 are candidate; precedent to the opening of escrow. The construction of all improvements, payment of all fees, and dedlcalion of all right of way set forth in paragraphs 3.1, 3.2, 3 3, 3.Q 3S, 3.6 and 3.7 must be completed to the City's satisfaction before the Parties open escrow. Upon request by KB Home, the City shall within fifteen (15) work days provide a final inspection and punchlist for the improvements. Once all of the punchlist items are completed and the conditions of this Section 3 are satisfied to Me City's reasonable satisfaction, the City shall open escrow pursuant to the terms of Section 2 of this Agreement. If KB Home fails to satisfy any condition of this Section 3 within twelve (12) months from the date of the Feasibility Notice, then the City may elect to terminate this Agreement, in which was neither party shall have any further obligations under this Agreement. 3.11 KB Home shall remain responsible for all obligations under the Covenants until such time that Me City accepts title to the Property, 4. Following the Close of Escrow, Me City of Fresno agrees to'. 4.1 Maintain the temporary storm drainage basin located on the Property (the 'Basin ') until advised by the Fresno Metropolitan Flood Control District that permanent master planned storm water storage facilities are operational at which time the City shall bacMOl the Basin. 4.2 Relieve KB Resale Properties Inc. and KB Home South Bay, Inc. of the covenants and conditions set forth in the "Statement of Covenants Affecting Land Development for Landscaping and Maintaining an Off -Site Opens Space Facility for the Final Map of Tract No. 5235", more particularly described as the requirement to landscape, Irrigate and maintain in perpetuity a 2.83 acre open space facility within one-quarter mile of the subject tract. 4.3 Relieve KB Resale Factories Inc. and KB Home South Bay, Inc. of the covenants and conditions set forth in the "Statement of Covenants Affecting Land Development for Temporary Off-site Storm Drainage Facilities for the Final Map of Tract No. 5235'1 more particularly described as the requirement to provide temporary storm drainage facilities until a permanent storm drainage system operated and maintained by the Fresno Metropolitan Flood Control District is constructed and operational. The City shall execute covenant releases in the form set forth In Exhibit F attached hereto. 5. The Parties agree to the following miscellaneous previsions - 51. To the furthest extent allowed by law. KB Home shall Indemnify, hold harmless and defend City and each of Its officers. officials, employees, agents and volunteers from any and all lass, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, KB Home or any other person, and from any and all claims, demands and actions In law or equity (including attomey's fees and litigation expenses), arising or alleged to have arisen directly or Indirectly out of KB Home's performance of the work In Section 3 of this Agreement. KB Home's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of Its officers. officials, employees, agents or volunteers. If KB Home should contract or subcontract all or any portion of the work to be performed under this Agreement, KB Home shall require each consultant, contractor and subcontractor to indemnify. hold harmless and defend City and each of its officers. officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. Notwithstanding the preceding sentence, any consultant, contractor or subcontractor who is a "design professional" as defined In Section 2782.8 of the California Civil Code shall, in lieu of indemnity requirements set forth in the preceding paragraph, be required to indemnify, hold harmless and defend City and each of its officers, officials, employees, agency and volunteers to the furthest extent allowed by law, from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, too or strict liability, including but not limited to personal injury, death at any time and property, damage). and from any and all claims, demands and actions in law or equity (Including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, its principals, officers, employees, agents or volunteers in the performance of this Agreement. KB Home further agrees that me use for any purpose and by any person of any and all of the Project hereinbefore specified, shall be at the sole and exclusive risk of KS Home at all times prior to final acceptance by the City of the completed Project. This section shall survive termination or expiration of this Agreement 5.2. Throughout the life of this Agreement, KB Home shall pay for and maintain in full force and effect all policies of insurance described in this section with an insurance company(les) either li) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than W VII" in Best's Insurance Rating Guide, or iii) authored by City's Risk Manager. The following policles of insurance are required a. COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and shall Include insurance for Abodlly injury@, aproperty damages and Apersonal and advertising injurye with coverage for premises and operations (including the use of ownedid-fionown� equipment), products and completed operations, contractual liability (including Indemnity obligations under this Agreemerdj,with limits of liability of not less than $1,000000 per dependence for bodily Injury and property damage, $1,001 per occurrence for personal and advertising injury, $2,000,000 aggregate for products and completed operations and $2.000.000 general aggregate. b. COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owner hired, and non owned automobiles or other licensed vehicles (Code 1 e Any Auto), with combined single limits of liability of not less than $1,000.000 per accident for busily injury and property damage. c. PROFESSIONAL LIABILITY (Errors and Omissions) insurance appropriate to the respective person's profession (applicable only to those consultants. contractors and subcontractors who are providing Professional Services), with limits of III of not less than $1.000,000.00 per clainVoccurrence and $2,000,000 policy aggregate. J. WORKERSCOMPENSATION insurance as required by the California Labor Code. e. EMPLOYERS' LIABILITY with minimum limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. KB Home shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and KB Home shall also be responsible for payment of any sell insured retentions. The above repented policies of Insurance shall be endorsed to provide an unrestricted 30 calendar day written notice in favor of City of policy cancellation of coverage, except for the Workers' Compensation policy which shall provide a 10 calendar day written notice of such concellation of coverage. In the event any policies are due to expire during the term of this Agreement, KB Home shall provide a new certificate evidencing renewal of such Policy not less than 15 calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the Insurer, broker, or agent of a notice of cancellation in coverage, KB Home shall file with City a new calibrate and all applicable endorsements for such poticy(ies). The General Liability and Automobile Liability Insurance policies shall be written on an occurrence form and shall name City, its officers, officials, agents, employees and volunteers as an additional insured. Such policy(ie d of insurance shall be endorsed so KB Home's insurance shall be primary and no contribulion shall be required of Cry. In the event claims made forms are used for any professional Liability coverage, either (i) the policy(ies) shall be endorsed to provide not less than a 5 year discovery. period or Qi) the coverage shall be maintained for a minimum of 5 years following the termination of this Agreement and the requirements of this section relating to such coverage shall survive termination or expiration of this Agreement. Any Workers Compensation insurance policy shall contain a waiver of subrogation as to City, Its officers, officials, agents, employees and volunteers. KB Home shall have furnished City with the cenif cate(s) and applicable endorsements for ALL required insurance prior to City's execution of this Agreement. Upon request of City, KS Homes shall Immediately furnish Cry with a complete copy of any insurance policy required under this Agreement, Including all endorsements, with said copy certified by the underwriter to be a true and coned copy of the original policy. This requirement shall survive expiration or ter ninetlon of this Agreement. The fact that insurance is obtained by KB Home shall not be deemed to release or diminish the liability of KB Home Including without limitation, liability under the Indemnity provisions of this Agreement. The duty to indemnify City, its officers, officials. agents, employees and volunteers, shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of Indemnification to be provided by KB Home. Approval or purchase of any insurance contracts or policies shall in no way relief from liability nor limit the liability of KB Home, its principals, officers, agents, employees, persons under the supervision of KB Home. vendors, suppliers, Invitees, subcontractors, consultants or anyone employed directly or Indirectly by any of them. If at any time during the life of this Agreement or any extension. KB Home fails to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required Insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City pursuant to this section shall in any way relieve KB Home of Its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall Include, without limitation, notification received by City that an insurer has commenced proceedings. or has had proceedings commenced against it, indicating that the insurer is Insolvent. If KB Home should contract or subcontract all or any portion of the services to be performed under this Agreement. M Home shall require each consultant, contractor and subcontractor to provide insurance protection In favor of City, Its officers, officials, employees, volunteers and agents In accordance with the terms of each of the preceding paragraphs, except that the subcontractorscertificates and endorsements shall be on file with KB Home and City prior to the commencement of any work by the consultant, contractor or subcontractor. 5.3 KB Home shall comply, at KB Home's sole coat and expense, with all applicable legal requirements when conducting the work required by Section 3 of this Agreement. KB Home shall obtain, at KB Home's sole cost and expense, any and all necessary permits, authorizations and approvals applicable to KB Home's activities under this Agreement. 5.4 The comesareacting as independrmt-mmracfom—,Ntgthsr Parry, nor any of its officers, associates, agents or employees shall be deemed an employee, partner of agent of the other for any purpose. All Parties shall retain as program income any and all income generated by its respective use hereunder. 5.5 The terms, covenants and conditions of this agreement shall be binding upon KB Resale Properties, Inc., a California Corporation, and KB Home South Bay, Inc., jointly and severally. 5.8 If any Party commences any proceeding or legal action to enforce or interpret any tens, covenant or condition of this Agreement, the prevailing Party in such processing or action shall be entitled to recover from the other Party Its reasonable attorney's fees and legal expenses. 5.7 Any notice required or intended to be given to either Party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally or deposited into the United States mail, with postage prepaid, addressed to Ne Party to which notice Is to be given at the Partys address set forth on the signature page of this Agreement or at such other address as the Parties may from time to time designate by written notice. 5.8 Each of the Exhibits referred to in this Agreement is incorporated into and made a part of this Agreement. This Agreement is the entire agreement between the parties regarding the disposition and improvement of APIA 481 -30o -33S, and supersedes all poor discussions, negotiations, commitments or understanding, written ororal. 5.9 The Parties may amend or cancel this Agreement only by mutual written consent of the Parties tendered into escrow, unless otherwise expressly provided herein. 5.10 This Agreement is binding upon and shall inure to the benefit of each Parry, and each Party's heirs, successors, permitted assigns, and representatives. The Parties may assign this agreement and its rights hereunder, with prior written approval of the other Padies 5.11 Time is of the essence of each term In this Agreement. 5.12 Any Party's waiver of a breach of any provision herein will not be a continuing waiver or a waiver of any subsequent breach of that or any other provision of this Agreement. 5.13 No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. rs- 5.14 This Agreement shall be governed by. and construed and enforced in accordance with, the laws of the State of California. Venue for purposes of the filing any action regarding the enforcement or interpretation of this Agreement any rights and d Wes hereunder shall only be in the Superior Court of the County of Fresno, 5.15 The previsions of this Agreement are severable. The invalidity, or unenforceability, of any provision in this Agreement will not affect the other provisions. 5.16 This Agreement Is dre result of the combin d efforts of the Parties. If any provision of this Agreement is found to be ambiguous. the ambiguity will not be resolved by construing this Agreement In favor or against any Party. but by construing the terms according to their generally accepted meaning. 5.17 If any coMlict exists between the body of this Agreement and any Exhibit or Attachment to it, the provisions of the body of this Agreement will control and take precedence over the Exhibit or Attachment. SIGNATURES APPEAR ON NEXT PAGE IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. By: KB RESAL OPERT NC�CaI'rfomia Z' Caryo i Name: Bruce A. Rudd Title: Assistant City Manager BY: Address: 2600 Fresno Street Name. R Panek Fresno, CA 93721 Title: Senttnr Vice President By, Name'. .leffre P 11 Tdle: Senior Vice President APPROVED AS TO FORM'. JAMES C.SANCHEZ City Attorney By: DOW- ATTEST: ��p Deputy D - ATTEST: REBECCA E. KLISCH City Cll�e(r�k�'� yI }ny��pl�tr/1a By: J AAAA /9 Deputy 5,k�+/I1 AddressAS RESALE PROPERTIES, INC 2535 Capitol Oaks Or. STE 340 Sacramento, CA 95833 KB HOMES UTH BAY INC., a California Corporatio By: Name: hr's aeaer TftlwSenenr Vice President By: Name: Title Address: KB Home South Bay, Inc. 6700 Koll Center Parkway Suite 200 Pleasanton, CA 94566 Exhlbif A &A-1 — Covenants Exhibit B & B-1— Property Descnption and Map Exhibit C & C-1— Open Space Description and Map Exhibit D—Grant Deer Exhibit D-1- Dead of Easement Exhlbtt E — Phase I Environmental Site Assessment Exhibit F&F-1—Form of Covenant Releases CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Alameda On February 15. 2011 before me, Sara L. Robbins, Notary Public, personally appeared Ray Panek and Jeffrey P. McMullen who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to me within instrument and acknowledged to me that he/she/they executed the same in hisA w/their authorized capacity(ies), and that by hielher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. M L. ROI WITNESS my hand and official seal. Co Hw..lu ?& X Mm lCoo* Eo mo Ln 32.3013• �L(Lr x ��f�,L�GLG<tcJ Sara L. Robbins ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Alameda On February 15, 2011, before me, T. S. Robinson. Notary Public, personally appeared Chris Rader, 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/shekhey executed the same in his/herkheir authorized capacity(ies), and that by his/heF10118r signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. I 4. RODIMN <ommnOon r 1742207 i 41111y oW41m. ceuromw f Cni�eon u�ounry a. =1 v Re=dling Requevad 6y Guy Clem ckyarFlama 2663 Fmsna street Fremo, Ca 9313136W rm Fe Govf. Cctl 6103 i5 IIII Robert County I Reorder Robert C.. rdeI IIII II IIIIIII IIIII I II I IIIII ouVer ner DOC— 20000 6-0289966 Rm! . 1Y i00: 1 • r4Y�nY leMq, DECOEC 13,'300! 00:00nee •eC It Pd a." Nbr-NON21IM28 FGF/F7/1-13 GTY OF FRESNO Planning and Development Department P.W. File No. 10779 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPING AND MAINTAINING AN OFF-SITE OPEN SPACE FACILITY FOR THE FINAL MAP OF TRACT NO. 5235 Exffiair whispering hispri Of and Mants Tract No. 52antl Maintaining W an Open Space Prea Tract No. 5295 Pape 2 WHEREAS, KB RESALE PROPERTIES, INC., a California Corporation, hereinafter referred to as Me -Owner and! KB HOME SOUTH BAY INC., a California Corporation, hereinafter referred w as the 'Subdivider" and together are hereinafter referred to as the 'Covenantor,' and WHEREAS. Ownerpvms the real property situated in me Cityof Firetrap, County of Fresno, Stamof California hereinafter referred Was the 'SubjectProperty. and more paMcularlydescdbed in Extrwit'A" attached hereto and incorporated he a n; and WHEREAS. Owner hereby warrants that any and all parses having ramie dile Interest in Me Subject Property which may dpen into a fee have subordinated W This instrument and Wet ell such instruments of SubofdlnaYon, Jany, are attached herneW and made part of Mrs InstmmenC and WHEREAS. Subdivider has filed with the City of Fresno. Vesting TanWdve Map No. 5235 which was approved by We Fresno City Planning Commission on Apol 21, 2906, hereinafter referred to as Me 'Tentative Map' and moowdrated Into this Statement by Nis moderate and WHEREAS, a cosi of approval forthe Tentative Map, in accordance wlth the provisions of We Roosevelt Community Plan Polities Nos. 1-17.1 and 1-17.3, requires the Subdivider to provide 2.83 acres (5% of the grass area of the Tentative Map) for public common open space purposes of provide an equivalent amount of area for an approved public or quasFpublic open Space within one-quarter mile of the TonalNe Map, hereinafter referred to as the 'Total Open Spew Arean' and WHEREAS, Me Subdivltler has filed with the Cgof Fresno, a Final Map of Tract No. 5235 pursuant to surd Tentative Map, hereinafter referred to as the 'Final Map.- which provides 1.45 acres of open spans area, aid of / V Statement of Covenants Landscaping and Measuring of an (Dean Spars Neo TRd No 5335 Page 3 WHERF , the Subdivider has elected losafisfy Me balance(1.M acres) of Oe Total Open Space Area repunetl for Ne Final Map on the Subject Property: and WHER , the Covenanter and the Cry of Fresno desire to enter into an agreement providing for the development and maintenance of the open space area on Ne Subject Property ta satisfy the Total Open Space Free obligation for the Final Map. COVENANTS, CONDITIONS, ANO RESTRICTIONS The Covenantor hereby covenants Mat the Subject Property shall be held, winemid, encumbered, used. occupied, developed, maintained, and Improved subject to the following covenants, conditions, and Notrlctlona, which are for Me purpose of enhancing allmctiveness, usefulness, value, desirability, and safety of the Subject Property. the surrounding property, and the public filings, and to minimae gbssible adverse effects on the public health, safety, peace, and general welfare. Each of the covenants, conditions, and restrictions centered in this Statement shall ran with Ne subject properly and shall be binding upon and inure to the benefit of each successive owner of me Subject Property and his heirs, successors, and assigns. 1. The Owner planLstothe City of Frena, the owners of all final maps of the Tentative Map and Ne general public, the right to enter upon the Subject Property and the open space area for purposes of use and enjoyment of Ne open apace area malty. 2. The Owner agrees that the area within the Subject Prop" hereinafter retained to as the 'Open Space Facility' and more particularly described in Eshibit'S" attached hereto. and Incerporeted herein, shall he used as a public open space area facility. 3. The Covenantor agrees to provide and install landscaping and dmgalon syarem(s) for the Open Space Facility In accordance with impmvemenNandscaping plans prepared in a form and manner approved by the Planning and Development Director. The design of the Open Space StaNment of Covenants Lendetsapin8 and Mannuarutg of en Open Slwcn Med Tract No. 5235 Page Facility, including fencing when required, shall aliform to conditions of approval of the Tentative Map, Ne City of Fresno General Plan and the Roosevelt Community Plan and their palicies. The cost of preparing such plans, including plan review and swaddle. shall be the responsibillly of the Covenantor. 4. The work all be constructed pursuant to any necessary permit issued by the Planning and Development Department. 5. The Open Space Facility shall be considered, Inspected and accepted byttta Planning and Development Department prior to occupancy of We 1200 dwelling In Tract No. 5235. 6. Notwithstanding any provision cfNle Statement to the contrary, Me Doverentorshall have the right coastabllsh corMl0ons and prohibitions on public access to the Open Space Facility until such time as the Open Space Facility has bean accepted by the Manning and Development Department. y. The Covenintoragraesto maintain said Open Space Facility. The CovenantorshaY deposit with the City a maintenance security In the amount of Seventy -Two Thousand Two Hundred dollars (E]2,2001, in the form of a candidate Of edusit or passbook assigned to the City or cash to insure continued maintenance of the Open Space Facility. 8. The maintenance security may b0 use by the City to dermy all or pad of the cost to maintain Iha Open Space Fadlltyshould the Covenanlor fall Po maintain said fatality in accordance with the approved plans. 9. The maintenance of the Open Space Fal shall remain the responsibility of the Covenantor and the security deposit shall not remove the City's ability to enforce the provision of the agreement by any legal or equitable means. 10. The Owner agrees to protide the Open Space Facility for the Final Map on the Subject Property and agrees that such Open Space Facility shall satisfy only the open space are Statement of Covenants landscaping and Melnimmorg plan Open Space Nea Tract No. 5235 Page 5 requirement for Me Tentative Map and shall not be used to satisfy any open space area requirement which may be imposed en the Subject Property as a condition of development of the Subject Property Or to reduce Ne Subject Pmpedy s goods acreage for Me purpose Of detemlinl ng Me Subject Prothei Open space area obligation. 11. This Statement shall in no way be construed as a grant by the City of Fresno of any rights to rice Covenanter to trespass upon land rightfully in Me possession of or owned byanapeq whether such land be privately or publicly owned. 12. The City of Fresno shall not be liable to the Covenantor or to any other pectin, him 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 Specs Facility of said land covered by pis Statement, Oranypartthereof The Covenanter hereby releases and agrees to Indemnity defend and save Me City ar Fresno harmless from and against any and all injuries to and deaths OI persons, antl all claims, demands, costs, bss damage ark 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 sbeelrigM1le-of-wayantl said Open Space Fadlityand upon Meph miles adjacerepoll pursuant to this Statement and also from all injuries b and means of pentons, and all claims, demands, costs, bss, damage and liability, howsoever same may be caused either directly or Indiradly made or suffered by the Covenantor, the Covenantors agenh, employees and subcontractors, while engaged In the performance of said work. The Covenallorfunher agrees that the use for any purpose and by any person or any and all of the Open Space Facility hereinbefore specped shall be at the sole antl extlusNe risk of the Covenantor. 13. The conditions of this Statement are Intended to benefit both the Subject Property, the public and public properties. Accordingly. II Is agreed the City of Fresno shall have pe right to enforce this Statement by any legal or equitable means against Me COvenenler and such person or persons In actual poasesslon of the Subject Property who directly or who through any agent Slelemenlal CoveneMa Landscaping and Maintaining of an Open Space Area Tend No. 5235 Page 6 Noddle the terms hereof. 14. The foregoing conditions and abligadons of this Statement shall remain in full force and effect until such time as Cie Planning and Development Director Issues a written release of such conditions and abligafrons am remms such release with the Fresno County Recorder. 15. The provisions of this Statement shall he deemed independent and severable and Ne invalidity or padial Invalidity or unenfonxatodityof any one provision or portion thereat shall not affect the validity or enforce abllity of any other provision hereof. Whenever the portion of the Statement so requires, in inlerpredng this Statement, any gentler incudes Me other genders, the singular includes the plural, and the plural Includes the singular. Statement of WVenenb Landscapes and Mainlainug of an Open Space Nee Tract No. 5235 Pepe DATED: //�/Z0S CRY OF FRESNO. a Munlapal CarponaCon By Nick P. 1 vino, Olradar Plana g and Development Department APPROVED AS TO FORM: HILDA CANTU-MONTY City Ano By OeWN COVENANTOR(Ovneq KB RESALE PROPERTIES, INC., a CalHomla Corpo n By: A.)Aagla] Cent II 1, Senior Viae President COVENANTOR (Subdivider) KS HOME SOUTH BAY INC., a California Corpo lion ay: l� P.A, Dent III, Savior Vice Resident (Atlacb Notary AcknovAedgment) 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Smp or California lA county of 1'�OYIiGY(� II` as Ockabu' zI 2OD5 Improper, T.S. enb\vpemrn w•~•••a reporter repeated "P A. C ••Vir- cvgtzm.11y Erwa m ne o proved m me on the ease, Of mtwaaory sediment lel e permwnepounds) were preparing n mde) e again and ad"Now" ad to me met wsnermer entered ran In eWnamnan entrapped pretended. end Ilw W nlamernear egmmndn an me mwmeat ere parsonol ar ma runny Dean omen of whop the peraanls) mead ma Iwlvoral. W FNEW my here and ahead deal. OPTIONAL pMrpt w nrammam utv n der mw ev ter. a ret rm+wnwn n Pvev rvjse e•++�nr++++e rum otewnr Denripgon of AKaellell Department a a.,.nwm. n,etm.teeeeee.,ratn Inde or Type of document _ Document one: Naravero(vrgn: Si Omar Than mined.amn: Capacity(les) Claimed by Signer Signers Nene o mameual o Conneaut Died, —mild:) o Panner—ourmea ❑Geral o Arum ry-a.Eaer G Trader F Ga rdlen or Cmnrawor n Omar signor Is Representing CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Same of Cartledge L ss. County or AlamedH J on GL7o ,,y Cgoz before me, personally appeared lar r A. DPRt 7/7 V�Nlfiyl anown tg me ❑ broad Is me un the base W salletactory eadence to the Ire pe rsard) whose mme(s) Items subsedleed WA seal to the wenn Instrument add eckrwvAedged W me Met CamrYepV y16a59 betehelMey emeculed the same In hisometheir rbkeyatq mnsrarye S aultarded MpeClryges), add that by Namemheir M. � pee algnelunl6) an the InnNment weer person(s). or the enary open Gemit of wnmh the parasols) eclat. ordered the instrument. W ITNEW my hand and offrom sear. me.,., OPTIONAL M mo quo rn, cabower, armor isW'hby ma°"eahaMIME m�we m. es.ma,e ret abn,imm oeactlp r AR/chea Docm uent Tore orDec em¢nr. Numuer or Plec, $ter(s) other IDen Named Need CDWclty(lee) Claimed by Signer(s) Srgnm's Name: rgral Name'. M Imcbduel O Wel Q Cwpartee OM1Scer—Ttletq'. 0C Ie9111rer—TNerd p PaMar—OLimft tl Deenenl D Partner Uttered QGeneal 0 Amomey In Fact erel e""" O Abomry In Fa D ruble, o Trod¢ • Gammen or Cnvetvstor o Gwrdlan orconsawa o Ge_77 0 bear It Is emplacement; I I Starer Is Malediction CLERK'S CERTIFICATE STATE OF CALIFORNIA COUNTY OF FRESNO CITY OF FRESNO On nvoa....ba. 2 20 05, before me. /2� personally appeared Nick P. Yovina, Planning and Development Director, personally known to me (or Provided to me on the basis of satisfactory evidence) to be the person whose name is subscrTe l to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Instmment Pe person, or Ne array upon behalf of the CITY OF FRESNO of which the person acted, executetl the instrument.. WITNESS my hand and official seal. REBECCA E. KLISCH. CMC CITY CLERK _ "DEPUT;S;S 10 EXHIBIT A BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER O6 THE NORTHWEST QUARTER OF SAID SECTION 17, SAID POINT BEING ON THE WEST LINE OF PARCEL 3 OF PARCEL MAP NO. 1159, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 30 OF PARCEL MAPS AT PACE 01, FRESNO COUNTY RECORDS; THENCE. NORTH 01"09'36" WEST ALONG THE WEST LME OF SAN PARCEL 2, A DISTANCE OF 99307 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 2', THENCE ALONG THE BOUNDARY OF SAID PARCEL 2, THE FOLLOWING COURSES'. NORTH 89.27%' EAST, A DISTANCE OF 79958 FEET; THENCE SOUTH 01°4310" EAST, A OIBTANCE OF 579.81 FEET. THENCE NORTH 88.1 TOO EAST, A DISTANCE OF 530 W FEER THENCE SOUTH 01"43'00- EAST. A DISTANCE OF 1100 FEET: THENCE SOUTH I M-170" WEST. A DISTANCE OF 34222 FEET; THENCE SOUTH 01 °4300" EAST, A DISTANCE OF MOW FEET THENCE NORTH EV17 W' EAST, A DISTANCE OF 342.22 FEET; THENCE SOUTH DP41'0bEAST, A DISTANCE OFA DISTANCE OF 940.44 FEET TOA POINT ON l'HE CENTERLINE OF FANCHER CREEK; THENCE WESTERLY ALONG THE CENTERLINE OF SAID RANCHER CREEK THE FOLLOWING; COURSES'. NORTH ON TBC WEST. A DISTANCE OF 95150 FEET, THENCE NORTH 85.05'4P WEST, A DISTANCE OF 6629 FEET; THENCE SOUTH 63.98 M5 WEST, A DISTANCE OF 133 70 FEET; THENCE SOUTH 29°082V WEST, A DISTANCE OF 2038 FEET; THENCE SOUTH 559325" WEST, A OGTANCE OF 24.50 FEET, THENCE SOUTH 53-53 SIC WEST, A DISTANCE OF 5144 FEET; THENCE SOUTH 60'2250" WEST, A DISTANCE OF 51.55FEET; THENCE SOUTH UCOV 10" WEST, A DSTANCE OF 5699 FEET', THENCE SOUTH 76.5149" WEST, A DISTANCE OF 5540 FEET; THENCE SOUTH 77-36'W" WEST A DISTANCE OF 63.82 FEET; THENCE SOUTH 79.16'01" WEST, A DISTANCE OF 066 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL 2, THENCE NORTH 01499611 WEST, ALONG THE WEST LINE OF SAID PARCEL 2, A DISTANCE OF 805.11 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM ONE-QUARTER OF ALL TI4E OIL. GAS, HYDROCARBON SUBSTANCES AND MINERALS IN. UNDER AND WHICH MAY BE PRODUCED FROM SAID REAL PROPERTY, AND ONE QUARTER OF ALL THE ROYALTIES, PAYMENTS, RIGHTS, AND SEMEN IS RESERVED TO THE LESSOR IN ANY OIL, GAS, OR MINERAL LEASE OF SAID LAND, AMC THE RIGHT TO ENTER UPON SAID REAL PROPERTY AND TO EXPLORE AND PROSPECT FOR AND STORE AND REMOVE SAID OIL, GAS, HYDROCARBONS AND MINERALS THEREFROM AND THE RIGHT TO CONSTRUCT AND MAINTAIN ON SAID LAND SUCH ROADS. PIPE LINES. TELEPHONE LINES, TANKS, BUILDINGS. AND OTHER APPURTENANCES AS MAY BE REASONABLY NECESSARY OR INCIDENTAL TO SUCH OPERATIONS, AND TO EXERCISE SUCH OTHER RIGHTS, INCLUDING THE RIGHT OF INGRESS AND EGRESS, AS MAY BE REASONABLY NECESSARY OR INCIDENTAL THERETO, AS RESERVED IN THE DEED FROM MILTON G. COOPER 5 SON, WO, A CORPORATION, TO M. DUC'EY AND MABLE DUCEY, HUSBAND AND WIFE, AS IOMT TENANTS, DATED MARCH 21,1945, RECORDED MARCH 22, 1945 AS DOCUMENT NO. 11687, OFFICIAL RECORDS. r ,. . APN 481-300-33S OPEN SPACE AREA EXHIBIT "B" LEGAL DESCRIPTION BEWG A PORTION OF THAT CERTAIN PARCEL DESCRIBED BY DEED AND FILED FOR RECORD AS DOCUMENT NO. 2005-0009214, OFFICIAL RECORDS OF FRESNO COUNTY, LYING WITHIN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMIMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 17, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID PARCEL; THENCE SOUTH 1.01.53' EAST, A DISTANCE OF 75.46 FEET, ALONG THE FAST LINE OF SAID SOUTHWEST QUARTER AND THE EAST LINE OF SAM PARCEL TO THE FUTURE SOUTH RIGHT-OF-WAY LINE OF EAST CHURCH AVENUE, AS SHOWN ON THAT CERTAIN MAP TITLED "OFFICIAL PLAN LINES FOR EAST CHURCH AVENUE" AND RECORDED IN VOLUME 7 OF PRECISE MAPS Al PAGE 67, OFFICIAL RECORDS OF FRESNO COUNTY AND ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 01°01'53" EAST, A DISTANCE OF 314.14 FEET, CONTINUING ALONG SAID EAST LINE TO THE NORTHERLY BOUNDARY EWE AS SHOWN ON THAT CERTAIN MAP TITLED " FRACF NO. 4682" RECORDED W BOOK 68 OF OFFICIAL PLATS AT PAGE 3: THENCE CONTWUWG ALONG SAID NORTHERLY LME, THE FOLLOWING FIVE (5) COURSES'. NORTH 56°26'1 E- WEST, A DISTANCE OF 11.12 FEET; THENCE NORTH 3320'06" EAST, A DISTANCE OF 14.63 FEET; THENCE NORTH 69°58'2 T' WEST, A DISTANCE OF 61.03 FEET; THENCE NORTH 78.59'40" W EST, A DISTANCE OF 58.]1 FEET; THENCE SOUTH 89"4791" WEST, A DISTANCE OF 99.27 FEET; THENCE, LEAVING SAID NORTHERLY LINE, NORTH 01"01'53' WEST, A DISTANCE OF 275.64 FEET TO SAID FUTURE SOUTH RIGHT-OF-WAY LINE; THENCE NORTH 89°48'06" EAST, A DISTANCE OF 67.57 FEET, ALONG SARI FUNRE SOUTH RIGHT-OF-WAY LINE TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 753.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE AND ALONG SAID FUTURE SOUTH RIGHT-OF-WAY LINE, THROUGH A TEN rR I L ANGLE OF Y52'1 S", AN ARC DISTANCE OF 90.31 FEET; THENCE SOUTH 83.19'36" EAST, A DISTANCE OF 5733 FEET, ALONG SAID SOUTH RIGHT-OF-WAY LINE, TO THE TRUE POINT OF BEGINNING. CONTANNG 1380 ACRES OR 60.113 SQUARE FEET, MORE OR LESS. 2-5235 2005-100 IS -A-]944 r. . EXHIBIT 'B" A.P.N. (81-820595 OO O/ rNa 2005-019!(52 ME C NI OTIC RFCYg05 wEer am CF e r/a CF FU RE TRACT 5235 � r Mw NW 1,. Q'= rkw,7 3 F r( S R 21c M.O.U." L I/( IX{PNfR M SECIMY 12, I U S. R2I E, 4084 M. SW C0.9N£R N' E 1/2 (1` NW I/( 4�Z-. PCWr (S T 141 fl W RT110V Il NM1WF IXSt WLhCN NMMENf£IIENt EAST CHURCH A4ENUE XG9 IDS - 1 Fprvi Cf [I zI 1J (yt ORAWAGE 9A9N APN 4xl-NWWS -'�^e P8g 4$ pOG'UMENI NO 20!5-O VN AR ^Qq fRE5N0 CWIN]Y OFM& RECCROS ' /Fei NBF IX➢M'IfD AS M' J1/ yC T T I /b1 9C -OP. 9 /u � FASI eV3+nA AWttx cost uvE lr � r/a ar-` t l ry p 5RDU 4q RPIEMDNbI.t smemw THOMPSON-HYSELL ENGINEERS MB CI TY OF FR_ESN O Cw"°' OEO/CAT/ONFOR m OPENSPACE SOUTHOF&STCW/ AWMS 15—A-7944 000 o®oomo o ocfisr��c,�r....,rFrf>nrra ©cs EXHIBIT 'B" A.P.N. (81-820595 OO O/ rNa 2005-019!(52 ME C NI OTIC RFCYg05 wEer am CF e r/a CF FU RE TRACT 5235 � r Mw NW 1,. Q'= rkw,7 3 F r( S R 21c M.O.U." L I/( IX{PNfR M SECIMY 12, I U S. R2I E, 4084 M. SW C0.9N£R N' E 1/2 (1` NW I/( 4�Z-. PCWr (S T 141 fl W RT110V Il NM1WF IXSt WLhCN NMMENf£IIENt EAST CHURCH A4ENUE XG9 IDS - 1 Fprvi Cf [I zI 1J (yt ORAWAGE 9A9N APN 4xl-NWWS -'�^e P8g 4$ pOG'UMENI NO 20!5-O VN AR ^Qq fRE5N0 CWIN]Y OFM& RECCROS ' /Fei NBF IX➢M'IfD AS M' J1/ yC T T I /b1 9C -OP. 9 /u � FASI eV3+nA AWttx cost uvE lr � r/a ar-` t l ry p 5RDU 4q RPIEMDNbI.t smemw THOMPSON-HYSELL ENGINEERS MB CI TY OF FR_ESN O Cw"°' OEO/CAT/ONFOR m OPENSPACE SOUTHOF&STCW/ AWMS 15—A-7944 7 o®oomo ocfisr��c,�r....,rFrf>nrra 7 WHEN RECORDED MAIL TO: cityclerk Ody of Fresno 260D Fresno Street IZiIZ�2�2022 Fresno, Oa 93721-3603 O LL 2 O NO FEE- Onremmem Cade 6103 O H GlT OF FRESNO WPublic WoAvs DepaNnent J IL P.W. File No, 10]79 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY OFF-SITE STORM DRAINAGE FACILITIES FOR THE FINAL MAP OF TRACT NO. 5235 ExHtoB r A-/ Statement of Covenants Temperary Ofl are Siwm Drainage Facilities Tract No. 5235 Page 2 RECITALS WHEREAS,. KS RESALE PROPERTIES, INC., a California Corporation, hereinafter referred to as Me "Owner; Of Me real property unusual in the City of Fresno, County of Fresno, State of California, and KB HOME SOUTH BAY INC„ a Califomla Corporation, hereinafter designated and wiled the "Unres er,' shall hereinafter collectively and individually, where applicable, shall petulantly designated and referred to as the'Covenardia' hereinafter referred to as the'Subject Property'and more particularly tlesonam in the attached Exbibit'A', and WHEREAS, the Covenantor hereby warrants that any and all parties having record titre Interest In has Sublect Property which may open Into a fee have s uhommated to this instrument and Nat all such Instruments of Subordination, if any, are attached hereto and made a part of Mis instrument; and WHEREAS, a condition ofaPProval for the Final Map of TractNe 5235, hereinafterrefened to as -map ,'requires the provision and maintenance of temporary storm water storage (ponding basin) and associated facilities, hereinafter indent to as "temporary storm drainage facllibes; until such time that permanent stmt drainage facildes are available to serve said map; and WHEREAS, Me Covenantor and the City of Fresno desire to enter into an agreement Morning for such temporary storm drainage facilities on th Subject Property to serve said Tract No. 5235, COVENANTS CONDITIONS ANO RESTRICTIONS The Covenantor hereby covenants Met the Subject Felonry, shall be had, conveyed. encumbered, used, occupied, developed, maintained, and improved subject to the following covenants, carefu ns, and restrictions, which am for the purpose of enhancing attractiveness, usefulness, value, desirability, and safety Of the Subject Property, the surrounding Property, am the public at large, and to minimize possible adverse effects on the public health, sefe y' peace, and general welfare. Each of the Movements, candidate, and restrictions contained in this Statement of Covenants Temporary Off-site Storm Drainage Facllltles Tract No. 5235 Page 3 Statement shall ran with the subject property and shall be bintling upon and inure to Me benefit of each SeCCESdare owner of the Subject Property and his heirs; successors; and assigns during his ownership thereof. t The Covenantor agrees Mat a portion of Me Subject Property, more particulary described in Me attached Exhibit8, shall be used for temporary storm dmiregabolites purposes until Me City of Fresno releases the Subject Property from such use. The Covenantor agrees to construct and maintain said temporary storm drainage facillties; and grants to Me City of Fresno the right to enter upon the Subject Property for purposes of Inspactiw and to regulate the use of and access to the Subject Property. 2. The temporary storm drainage fatilifies shall be constvctetl to conform to the gentling plans Prepared at the Covenantors expense and approved by Me Development Department The design of Me temporary ponding basin, Including fencing; shall conform to Public Works standard specifications. The work shall be constructed pursuant to a grading permit Issued by Me Development Department 3. The Public Works Director shall determine when such temporary storm drainage facilities are no longer required. Within sixty (60) calendar days after Me Public Works Director notifies the Covenantor Mat such temporary storm drainage facllities are no longer necessary, Covenantor agrees, In accordance with grading plans prepared at Me Covananne's expense and approved by the Development Department, to obtain a grading permit from Me Devegpmant Departoentto abandon such temporary storm drainage facilities. Theabandonment ofsaid temporary March actual facilities may include, but is not limited to, demolifion and disposal Of certain structures, fencing, backfilling, compaction and grading Me Subject Property In accordance with said approved grading plan. Compaction reports, provided at Me CovenaMor's expense, shall be required for backfilled areas. 0. This statement shall in no way W communal as a grant by Me Cityof Fresnool any rights to Me CovamantorMifespess upon land rightfully In the posseubn of, crowned byara they, Statement of Covenants Temlwrm' Off site Storm Drainage Factures Tact No. 5235 Page d wherher such lard be privately or publicly owned. 5. The City aF Fresno shall not be liable to he Covenamor Or to any Ogren person, him dr 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 Subject Property of mid 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, lass damage and Ilabilly, howsoever same may be caused, reaching directly or indirectly hum Ne performance of any orall work to be done In and upon the street rights-of-way and said Subject Property and upon the premises adjacent thereto Pursuant to this Statement, and also from all Injuries b and deaths of persons, and all claims, demands. costs, loss, damage and liability, howsoever same may be caused, ether directly or Indirectly made or suffered by the Covenantor, he Covemantor's agents, employees and subcontractors, while engaged in lM1e performance of sold work. The Covenantormirtheagress hat the use for any purpose and by any person of any and all of the temporary starm drainage hold" and improvements hereinbefore specified, shall ba at he sole and exclusive disk of the Contaminator at all limes prior to the release by he Cly Of Fresno of the temporary stone drainage faclllfies and other improvements thereon and herein. 5. The conditions of this Statement are intended to benefit both the Subject Property, Ina public and public propenes. Accordingly, it is agreed the City of Fresno shall have the right to enforce his Statement by any legal c r aqui table means against the Covenantor and such person or persons in actual possession of the Subject Pmparty who already or wba through any agent violate the terms hereof. 7. Theforegoing condlPons and Obligations of this Statement shall remain In full force and effect and such firms as: (a) the work SO abandon he temporary scorn drainage faclldies under be grading permit issued by the Development Department Is completed. and (b) he Public Worts Direotm issues a written release of such conditions and obligations and report such Statement of Covenants Temporary 0lf-sbe Storm Drainage Fadlntes Tract No, 5235 Page 5 release with the Fresno County Recorder, 8. The provisions of this Statement shall be deemed inUepandant and sciesm Te and the invalidity orpertial invalidity oruninforceability ofanyane provision or poison 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 gentler includes the other genders, the singular Includes the plural, and the plural includes the singular. Statement of Covenants Temporary OfftireStorm DrmeaW Facilities Tmct No, 5235 Pape 6 DATED: //// /f CRY OF FRESNO, a Municipal Coryorabon DAVID D. HEALEY. Director Public Works Depa11runent By: UMw 1' �l -) Michael T ern, Assistant Director APPROVED AS TO FORM: HILDA CANTO MONTOV Oily Attorney By: Deputy COVENANTOR (Owner): KB RESALE PROPERTIES, INC, a Califomie. n By: P.A. [AuDle) Dent Ill. Senior Vim President COVENANTOR (Developer): KBHOMESOUTH INC., a Dalifora p o By: P.A. Dent III, Senior Vice PresWent (Aflach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Stale Of Cearnea a canary of Ct4iL✓ _ J1( On &f bd efet 7ro5 below me, %S .eo6ino0 Personally spanned P.'4 &qt,9�')�pj}Pu 'w w,vM�ao 'fry mnhlyv krrwnto J pr] le me on the bane of sapslenNzy evidence 1 m Sn be the Person(e) Whom n ne(sf Wars ubscribed to the within Movement and acknowbtgaE to me that MlaMMry WcOmme he ume In h1wharllhelr eobgtlzed mpenry('es) AM mal by Myberphei a tnLure(e) an the movement the person(e) or Na away upas Insall of winch me paryonlAl acted, execNed me meWmenL WRNSSS my reap a e cowrie seal, nwP m+aesbwo�trew. rvr�er mwwuvpvawv:Yw�na�metr^wm�d~aarrrAnra,emmwmmr Description of Admitted Document nue orTyle of Mc memn Pommenl Cask: all of Pepea', _ Cepeclty(lea) Claimed Ey Signer Slayer Nuna _ r J Constants Officer uH Palmern pmyoal n GenC ' erel Am IJ una, .lnsTrusks "J ouncesor Canal n Omar Signer Is Seprwenllrq: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT sees Slate of California l County JI s_ /1o,1.�J�y,T.QIY1PRrZ On uy�y—v /r before me, Szm ]Qp6iJ f A personally actoprea T beast IginagFinnally known to me ' I proved to me on the bass of causfaclay, avkenae VAAL to be the persons) wiped reports) Ware subscnpad fW W Nyyl+ee.emae to me within msrrumem and ackrmwledged to me mat hastradany exameread to aatha in msmermbqf 116 WCotanGplarr, Marienbad payW(ea, em that byMistreatmentent slgnaNmhp on ma mattumenl the persor or me badly upon behalf of which the parsori order, ExecNed the Instrument. WITNESS my hand am aflldal seal. dews. . WI, Pow OPTIONAL rnngn birohM ebb bebw,a nw MwM by Yr. p"Ppb reMde NPons rseMen, m me acpaws ,n .nt rmuarrmr penned and msmmmmr Or mr.rwm N..wmre.,mma,n lion of Attached Sediment t oaumenr: oaamert Dare. Sgnerld other Than named A13freck Gpeciry(lee) Claimed by Signe Signers Name: o IndlNaual o Compared Oman—Ma lap_ * mother — p pmXed Ci General C Attorney In Fact J Tvsrea n (bwNlan or Commuter n other'. Numeerol Fadeal o InalwdaI oKrer—mN(e):— o P r 6 Lhnldd IJ Oeneml Cl Atbme Fact o Truersa O Gurki or Cora tar L1 Glhen Slpner is Pillowenting: II $I(ywt leflagasanMg CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On YJn e,m4tn 2 2005 before me. nc'd4(a crcn. Personally appeared YYJ . n P h/ 44' s iv -u personally known to me (Of proved to me on Ne basis of satisfactory eWdence) to be Ute persons(s) whose name(s) is/are subscribed to the within instrument and acknowtedged to me Nat halshelthey executed the same in h"motheir euthonxed capadty(les), and that by hia0er/Heir signature(s) on the instruments) Ne persan(a), or the entity upon behalf of the CITY OF FRESNO which the Mardis) acted, executed the instrument. WITNESS my hand and official See, REBECCA E. KLISCH, CMC CITYCLERK By a DEPUTY K"P as M craT.v sw G"Tm evawY TmweM1P F, Ma Mav EXIIIIHT A BEGINNING AT THE NORTHEAST CORNER OF I IIE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17, SAB) LORD BEING ON THE WEST LME OF PARCEL 2 OF PARCEL MAP NO. 4359, ACCORDING TO THE MAP THEREOF RECORDED M BOOK 30 OF PARCEL MAPS AT PAGE 41, FRESNO COUNTY RECORDS; THENCE NORTH 01'2996' WEST ALONG TI IF WEST LINE OF SAID PARCEL 2, A DISTANCE OF 9DX7 FEET TO THE NORTHWEST CORNER OF SARI PARCEL 2; THENCE ALONG THE BOUNDARY DF SAID PARCEL 2, THE FOLLOWING COURSES: NORTH B9'27W' EAST. A DISTANCE OF 799.58 FEET: THENCE SOITTH 01°43'00' EAST, A DISTANCE OF 579.81 FERE; THENCE NORTH IS' 1]'00" EAST, A DISTANCE OF 53000 PERT; THENCE SOUTH 01"43'00" EAST, A DISTANCE OF 310.00 FEET; THENCE SOUTH 88"IT00° WEST, A DISTANCE OF 34232 FEET; PIERCE SOUTH 01 -43'00- EAST, A DISTANCE OF 20000 FEET; THENCE NORTH 88'I7'I10' EAST. A DISTANCE OF 342 22 FEET; THENCE SOUTH 01'43'BY EAST, A DISTANCE OF A DISTANCE OF 94044 FEEL' TO A POINT ON THE CENTERLINE OF FANCHER CREEK: THENCE WESTERLY ALONG THE CENTERLRJE OF SAN PANCHEN CREEK THE FOLLOWING COURSES: NORTH 65"41'08' WEST, A DISTANCE OF 95150 FEET; THENCE NORTH 85"05'45" WEST, A DISTANCE OF 6639 FEEDTHENCE SOUTH 6"08'55" WEST, A DISTANCE OF 133.70 FEET; THENCE SOUTH 29"0849" WEST. A DISTANCE OF 2038 FEET; THENCE SOUI3158°3245" WEST, A DISTANCE OF 2450 FEET: TURNER EDGED 53-53'54' WEST, A DISTANCE OF 51 W FEET; THENCE SOUTH 60'22 5V WEST. A DISTANCE OF 51.55 FEET; END CE SOUTH 70°30'10" WEST, A DISTANCE OF 5699 FEET THENCE SOUTH 76"51'49' WEST, A DISTANCE OF 56 YB FEET; THENCE SOUTH 71°36W WEST A DISTANCE OF 6382 FEET; THENCE SOUTH 79.16V lWEST, A DISTANCE OF 066 FEET TO A POINT ON THE WEST LINE OF S.VD PARCEL 2; THENCE NORTH 01"29'16' WEST, ALONG THE WEST LINE OF BAN PARCEL 2, A DISTANCE OF 805.11 FEET TOTHE POMTOF BEGMNING EXCEPTING THEREFROM ONE-QUARTER OF ALL THE OIL, GAS, HYDROCARBON SUBSTANCES AND MMF,RALS IN, UNDER AND WHICH MAY BE PRODUCED FROM SAID REAL PROPERTY, AND ONE-QUARTER OF ALL THE ROYALTIES, PAYMENTS, MONTS, ANO BENEFITS RESERVED TO THE LESBOR IN ANY OIL, GAS, OR MWERAL LEASE OF SAID LAND, ANO THE EIGHT TO ENTER UPON SAN REAL PROPERTY AND TO EXPLORE AND PROSPECT FOR AND ETUDE AND REMOVE SAN OIL, GAS, HYDROCARBONS AND MINERALS THEREFROM AND THE RIGHT TO CONSTRUCT AM MAINTAIN ON SAID LAND SUCH ROADS, PD'E LINES. PET PPDONE LINES, TANKS, BUOAINGS, AND OTHER APPURTENANCES AS MAY BE REASONABLY NECESSARY OR WCIDENTAL TO SUCH OPERATIONS, AND TO EXERCISE SUCH OTHER OUGHTS, MCL DING THE RIGHT OF MOTHERS AND EGRESS, AS MAY BE REASONABLY NECESSARY OR INCIDENTAL THERETO, AS RESERVED IN THE DEED FROM MILTON G. COOPER & SON, INC, A CORPORATION, TO M. DUCHY AND MABLE DUCHY, HUSBAND AND WIFE, AS JOINT TENANTS, DATED MARCH 2L 1945, RECORDED MARCH 22,1945 AS DOCUM1DMT NO. 11689, OFFICIAL RECORDS- AM 481-300-33S DRAINAGE BASIN For T-5235 EXHIBIT "B^ LEGAL DESCRIPTION BEING A PORTION OF THAT CERTAIN PARCEL DESCRIBED BY DEED AND FILED FOR RECORD AS DOCUMENT NO, 2005-0009214, OFFICIAL RECORDS OF FRESNO COUNTY, LYWG WITHIN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17. TOWNSHIP 14 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMATENCING AT I'HE NORTHEAST CORNER OF SAM SOUTHWEST QUARTER OF SEC ION 17, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAM PARCEL; THENCE SOUTH 89051'23" WEST, A DISTANCE OF 335.27 FEET, ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER AND THE NORTH LINE OF SAID PARCEL; THENCE SOUTH 00°08'37' EAST, A DISTANCE OF 63.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0008'37' EAST, A DISTANCE OF 171.50 FEET, CONTINUING ALONG THE SOUTHERLY EXTENSION OF LAST SAM LINE; THENCE SOUTH RT51'33" WEST, A DISTANCE OF 490.00 FEET; THENCE NORTH 00008'37' WEST, A DISTANCE OF 171.03 FEET; THENCE NORTH 89°48'06' EAST, A DISTANCE OF 49BW FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1.926 ACRES OR 83918 SQUARE FEET, MORE OR LESS. U llh. SM181 .K'�Fxwemw.rawma.avvvaxmPNTION R, Ni20u. oaKP ON du EXHIBIT "B" IWSTLR� � g,/, LF 1N£ NX ,/, CY A2'RW r . TIISRZIEKB.flAN. APN. 431-OIp-595 NOVmFNr NO PP15-019H6] fR O covNry bFpA( RECLRAS FUNRE 'TRACT 5235 t MI Q- 1 & SELMW I] T. 1/4 GRl E 4F YCIHM• Il, TH$RPIE N.B.B.QK iif S, R11 E. KBB.4K SrRf£TNr NO.. w m p1Y OF fpLW6 . POy,.( � I OJWNfNI N0.f, 1O Fl/M1NE FIST ONAM WMIENQYOIi _� �REO]'ttYD ✓XY I. I%A 0.F.F.G A{£MA'Poplr-(Y=W1Y '� EAST CHURCH Al6J✓Uf 5 a1WS Y _ /R F O` p oa9 ,�,8 = / g 2 S W APN �BI�-SkLp�.5.15 DOC AW& AREA WBE fkiSh'OLWNIY9211 q CL'A'CA(EB (I.9M AOiESI OTA"JAL RFS[RBS C T T � FAST QAxTC1 AH W. SWm LBF£ (F NE I/, ¢CION F7 I r If; R PI E KOBBIL EAST GK Or AW I/4 w r N $ R PI E NLAAut �yy0 BULB N 1 �1BW THOENGIE NSELL �E(W MN HRS d loin msor .�r.w •?iiAw Gl<a 1 r+� moo= 1�1 ¢Imre tlllmn O mA TOIfwMml oYei076 C T Y O F F R E S N O „".�" -1" DAAIN40£ BASYA•• Um1CA7M SOUTH OFEASTCHURCHMSKE 15—A-7944 APNEXHIBIT "A" t Dead 0-335 Grant Deed A portion of Parcel -W of Lot Une Adjustment No. 0&96 as described In that Gran( Dead recorded November 12, 1996 as Document No. 961508B5, Odidal Records of Fresno County, sduatetl in the southwest quarter of Section i], Township 14 South, Range 21 East, Mount Diablo Base and Maritlian, acceding to the Official UnRed States Government Township Plat thereof, being more padiculedy described as holders: COMMENCING at the Center Quarter Comer of said Section 17, said Cerner Quarter Comer also being the northeast comer of said Parcel "B°; thence S 0°48'50° E, along the east line of mid southwest quarter of Section 17 and along Me east line of said Parcel °B', a distance of ]5.46 feet to Me southeast comer of Nat portion of East Church Avenue previously dedicated for public street purposes by that Deed of Easement recorded November 14, 2005 as Document No. 200S02138556, Official Records of Fresno County, sad southeast corner being the TRUE POINT OF BEGINNING of Nis description; thence continuing S 0°48'50" E, along the east line of said southwest quarter and along the east line of sad Parcel NW, a distance of 314.51 feet to the southeast comer of the north 12 acres of the northeast quarter at sold southwest quarter, lest said southeast comer also being the southeast comer of said Parcel "B"; thence N 56'1]'54' W, along the southetly boundary of saitl Parcel "B", a distance of 10.91 fast to the southeastetly line of Lot 10] of Tracf Na. 4682, according to the map thereof recorded In Volume 68 of Plats et Pqqes 3 through 5, Fresno Count' Retards; thence N 33°33'24' E, continuing along sold soutiletly boundary anti along said scutheastedy Ilne. a distance of 14.]] feet b the northeasterly comer of said Lot 1 W; thence N fig°49'1fi' W, continuing abng sob southetly boundary and along the northeas[eriy line of said Lot tW, ablstance of 61.14 feet; thence N ]8°4fi'20' W, continuing along said southerly boundary and along the northeasterly Ilne of Lots 10] entl 106 01 sad Their No. 4682, a distance of 58.]1 feat; thence N &9°58'48" W, con8nuing song saitl southerly boundary end along the north line of Lots tO6 through B4, InGusive, of said Treq No. 4682, a tlislarme of 791.79 feel to the east right-of-way Ilne of that portion of South Orangewood Ddva prevbusty tleticalled for public street purposes by that Deed of Easement recorded July i, 1994 es Document No. 94107398, Official Records of Fresns County; thence N 0°01'19' E, along saitl east dgMof-way Ilne, a distance of 2]5.93 feel to the south right-of-way line of satl portion o} East Church Avenue previously dedicated for public street purposes by said Document Ns. 2005-0258556; thence S 89°58'41' E, along and south right-of-way line, a distance of 756.10 feet lathe beginning of a tangent curve cancave motherly and having a radios of 753.00 fast; thence Basta ly, continuing along sad south dghtabway line and along the am of sed curve, through a central angle of 6°52'18°, an arc distance of 90.31 feat; thence S 63°06'23' E, continuing along said south right-of-way line and tangent to last said curve, a distance of 57.33 fast to the TRUE POINT OF BEGINNING. Contains an ama of 5.755 acres, more or lass, or 250,711 square feet, more or less. SUBJECT TO an easement and rightbf-way for public street purposes granted he the City of Fresno by Nat Deed of Easement recorded 2010 as Document No, 2010- OffiGal Records of Fresno County. 21-01] 15A -e]9 D:10ATAIPadm mr Cbumh 4 Oran9ewoo Grant Daatl Exhibit A.dot �XH/B/T 8 p1 .P11EnwnruEurniEc rw Pwuc W�Er .� wcu n�"wL1uimxe c. SYADEEI) OF ® JPNmw e°F°eeu r°r NEm�'��mmwiam �"�mc M Oocumu'r NO. aws mesa, oxr c. NONCF E EXHIBIT °B" OFiMLVFM6�Fl.m�Kv+LY3 arca „1NLPQmOF p NINN IFN «1 NE � 17..1W1 wu er°coa �w:p.. "P(I �� EASTECHURCH AVENUE " WNW mc9tfc Im.69 —EiS51rt�IllPIB —.-L.—^' Q ^'sRSHI'E IR MYIIX NC61'�O� 3 QJ 6i O�SJBg NOLO-PCA A4 n pi PPi6F'I XW F F,C. p0.FL. Qy?O.MP I,F1 giN IOi UN Hp �1.: g S VC, pcc IyN4B1."PU IV3f�Op IIHE p1 .P11EnwnruEurniEc rw Pwuc W�Er .� wcu n�"wL1uimxe c. SYADEEI) OF ® JPNmw e°F°eeu r°r NEm�'��mmwiam �"�mc M Oocumu'r NO. aws mesa, oxr c. NONCF E lulu OFiMLVFM6�Fl.m�Kv+LY3 arca � EtnT saea EAUSTUNE NOFFEC11ON IT, 1,541 er°coa Q NF6 i,`iw+�� WNW W4 OF 0 b oaR XW vF Pm 'PO OOF IV3f�Op IIHE WIN WCTIOR INDfCnTEshPEs ro 9E GR4MFn S J55ACRESm CR 250,]11 SEs EASTEUGENIAAIIENUE Q Q 2(1104112(110411? (110411 lulu OFiMLVFM6�Fl.m�Kv+LY3 arca P.ncas EtnT saea EAUSTUNE IT er°coa i,`iw+�� uuEweu 2(1104112(110411? (110411 OFiMLVFM6�Fl.m�Kv+LY3 EtnT saea PARCEL TO BE GRANTED TO THE CITY OF FRESNO IT W4 OF 0 m�E47, IN XW 2(1104112(110411? (110411 OFiMLVFM6�Fl.m�Kv+LY3 EtnT saea PARCEL TO BE GRANTED TO THE CITY OF FRESNO EMHi6i7 5 -/ APN 481 -300 -IIS OPEN SPACE AREA LEGAL DESCRIPTION BEING A PORTION OF THAT CERTAIN PARCEL DESCRIBED BY DEED AND FILED FOR RECORD AS DOCUMENT NQ 205-009214, OFFICIAL RECORDS OF FRESNO COUNTY, LYING WITHIN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 17, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID PARCEL; THENCE SOUTH INOP53" EAST, A DISTANCE OF 75.46 FEET, ALONG THE EAST LME OF SAB) SOUTHWEST QUARTER AND THE EAST LINE OF SAID PARCEL TO THE FUTURE SOUTH RIGHT-OF-WAY LME OF EAST CHURCH AVENUE, AS SHOWN ON THAT CERTAIN MAP TITLED "OFFICIAL PLAN LINES FOR EAST CHURCH AVENUE" AND RECORDED IN VOLUME 7 OF PRECISE MAPS AT PAGE 67, OFFICIAL RECORDS OF FRESNO COUNTY AND .ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 01%01'53" EAST, A OLD ANCE OF 314.14 FEET, CONI"INUING ALONG SAID EAST LINE 1'0 THE NORTHERLY BOUNDARY LINE AS SHOWN ON THAT CERTAIN MAP TITLED "TRACT NO 4682" RECORDED IN BOOK 68 OF OFFICIAL PLATS AT PAGE 3, THENCE CONTINUING ALONG SAID NORTHERLY LINE, THE FOLLOWING FIVE (5) COURSES: NORTH 56°2618" WEST, A DISTANCE OF 11.12 FEET; THENCE NORTH 33°20'06" EAST, A DISTANCE OF 1463 FEET; THENCE NORT14 69.58'27' W EST, A DISTANCE OF 61.03 FEET; THENCE NORTH 7R'59'40" WEST, A DISTANCE OF 58 71 FEET; THENCE SOUTH 89N4731' WEST, A DISTANCE OF 99.27 FEET; 'II-ENCE, LEAVMG SAID NORTHERLY LINE, NORTH WTI'53" WEST, A DISTANCE OF 275.64 FEET TO SAID FUTURE SOUTH RIGHT GF -WAY LINE; THENCE NORTH 89'48'06' EAST, A DISTANCE OF 67.57 FEET, ALONG SAID FUl URE SOUTH RIGHT-OF-WAY LINE TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 753.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE AND ALONG SAID FUTURE SOUTH RIGHT OF -WAY LME, THROUGH A CENTRAL ANGLE OF 6052'1 8'. AN ARC DISTANCE OF 9031 FEET'; THENCE SOUTH 83N 19'36' EAST, A DISTANCE OF 5733 FEET, ALONG SAID SOUTH RIGHT-OF-WAY LME, TO THE TRUE POINT' OI' BEGINNING CONTAINING 1.180ACRES ORO,[ 13 SQUARE FEET', MORE OR LESS. T-5235 205-100 15-A-7944 C�.mu.nS ®A IK Io=g5<mny+vrnAmnu wF,N.5WS, nenirnnox LEfIA OESLRIONN_2 dl= ExH/6/T C P.PN MI -010-595 oocrlElrxr No. zmwraw2 FRESNO [WNIYVAOAL .SELYlT15 FMRE TRACT 5235 c 114 MWI OF scnm 17. c14S,1?21E XDII&M ruw v Sw IT EF a CII IK xw r/a � , LtSI LYNAEH 4 3 'L ENcEF /C 144 CY"ME NO& n AN NY F) -Wr Z4 T14 $, R11L MOflBdI EAST GNURCH AWNUE ` 5123�. Imam gg ;r r 7w a � Iswaaaer smw ' PAVNAL'E BAPN e AAM. MI 22$-35 LgCWFN)N0. Ila& 09PI4 = 5 nod fRk1MO C )W It7 pF( FFttNJS AM'A rb bF tlL'q]fD AS AV g khi.'SNCF A4E1"!.S'1 �' L rEl, I I aai- d j w I i GST EL'QMA AI➢Lrt" EA51 Ib OFN£ I/O [k ` R 5W1/4 LY YcaIX✓1> �J I4S R21E RAW" THOMPSON-HYSELL a I _ENGINEERS_Mjlzrtm'''m®°'mpOmGm a wm ARWENT CITY O F FRESNO wOEWOI7NR1 FORS OPEN SPACE ••OF I EOU7HOFEASlCWRCHA VEME 15-A-7944 ,omoo�o P.PN MI -010-595 oocrlElrxr No. zmwraw2 FRESNO [WNIYVAOAL .SELYlT15 FMRE TRACT 5235 c 114 MWI OF scnm 17. c14S,1?21E XDII&M ruw v Sw IT EF a CII IK xw r/a � , LtSI LYNAEH 4 3 'L ENcEF /C 144 CY"ME NO& n AN NY F) -Wr Z4 T14 $, R11L MOflBdI EAST GNURCH AWNUE ` 5123�. Imam gg ;r r 7w a � Iswaaaer smw ' PAVNAL'E BAPN e AAM. MI 22$-35 LgCWFN)N0. Ila& 09PI4 = 5 nod fRk1MO C )W It7 pF( FFttNJS AM'A rb bF tlL'q]fD AS AV g khi.'SNCF A4E1"!.S'1 �' L rEl, I I aai- d j w I i GST EL'QMA AI➢Lrt" EA51 Ib OFN£ I/O [k ` R 5W1/4 LY YcaIX✓1> �J I4S R21E RAW" THOMPSON-HYSELL a I _ENGINEERS_Mjlzrtm'''m®°'mpOmGm a wm ARWENT CITY O F FRESNO wOEWOI7NR1 FORS OPEN SPACE ••OF I EOU7HOFEASlCWRCHA VEME 15-A-7944 Recording Requested By: Public Works Department Clry of Fresno No Fee-CovY. Code Secdons 6103 and 27383 When Recorded, Mall To: Public Works Department Ckyof Fresno 2600 Fresno Street Fresno, CA. 93721-3623 Atm: Bruce Abbott APN 481-300-333 W V aVAUt Mt I HIS LINE FOR RECORDER'S USE GRANT DEED For a valuable consideration, receipt of which Is hereby acknowledged, KB Resale Properties, Inc., a California corporation, GRANTOR, hereby GRANTS to the CITY of FRESNO, a municipal corporation, GRANTEE, all that certain real property sftuate l in the City of Fresno, County of Fresno, State of Califomia, more particularly described and shown as follows: See Exhibits 'A^ and 'B', which are attached and incorporated herein KB Resale Properties, Inc. a California corporation Dated- Me ated: MeM 2010-017 ISA SM O:NATAWehs15E car Crumb &OrangeW arN2earm a C'Ty cover, o Euvia/r D Stele a1 CelHamle) OPTIONAL SECTION CDunry W F 1 On before me, few xuaa % Notary Public, personally appeared, g xncBlafaivrantel UINDIVIWALI9 O CORPOPATE OFFICER(S) who proved to me on the basis of satisfactory evidence, to be the mLalsl pemon(S) Whose name(e) WGIV Simp Abed to Na WMIn instrument and O PARTNERS O LIMITED acknowledged to me that befsheXhey Stemmed! the same in hisRwr/lheir o GENERAL Authorized capaclly(ieel, and that by M1leMerltheir signature(s) On the OATIORNEYiWFACT instrument the () OTRVSTEES) p the entity upon behalf al whicM1 the persetla O GUAROMSHIPICONSERVATOR aLNBtl, executed thB inatNrrlBnL SIGNER IS REPRESENTING NWIEOFPEPSOHI910a FNTYgEe) under t under PENALTY OF PERNRV u%19rthemijo K;pe Slate ofCaliforniaead thN the bregcvrM parxpaph b bueaN mnect WRNESS my hand and oXic9a1 seal SIGNATURE OF NOTARY 5 FOR CITY OF FRESNO USE ONLY CERTIFICATE OF ACCEPTANCE(OXicer) CERRFlCATE OF ACCEPTANCE (Council) In accordance with SMich 27201 N the Comfort In accordance with Sec0.m2]201 of the Gwemment Code, this is W ced'lly that the interest in real property Code, this k to certify Mat the Interest in reel props y onreyed hereby is sustained! by Me undersigrreundersigned! officers conveyed by this instrument to the City d Frell e on behalf of Me Coup 1 at the CIry W Fresno pursuant to municipal corporation. W hasher accepted by order 0 Me auldodry conferred by Resolution No. 92-21 DA of and Council of the City of Fresrw come on the Mete hereafter Council, adopted June 9, 1992 and the grantee consents sal forth and the grantee consents to the recordation to Me recordation thereof by its duty authorized oeker. Merest by its i authorized oPoaer. Public Were; Director Mem NeJReso. No. ACCEPTED: Data of Council Oder: By: 1`03ury Date: CRY Cierk Sir Date: oEw FEE TITLECCEPTANCE Bounce) City Manager APPROVED AS TO FORM: City "may ay: Date: °'run By: Date: RECOMMENDED FOR ACCEPTANCE: CHECKED: RY BY t/ TRIS: Two: S.'Pe'R c, c�vY F/' -w' Tf c! Data, Data: /Z/`✓Zr Log No. Iii -Gr> Drawing No. 5-H-F>C3 APN481-300-335 EXHIBIT"A" Grant Dead A portion of Parcel "B" of Lot Line Adjustment No. 03-98 as described in that Grant Dead recorded November 12, 1996 as Document No. 96150885, Official Records of Fresno County, situated In the southwest quaderof Section 17, Township 14 South, Range 21 Erin Mount Diablo Base and Mendlan, according 10 Me Official United States Government Township Plat thereof, being more particularly described as follows: COMMENCING at the Canter Quarter Corner of said Section 17, said Center Quarter Comer also being Me northeast comer of saitl Parcel's", thence S 0°48'50' E. along the east line of saitl southwest quarter of Section 17 and along the east line of said Parcel'B', a distance of 75.46 feet to the southeast comer of Mat portion of East Church Avenue previously dedicated for public street purposes by that Dead of Easement recorded November 14, 2005 as Document No. 200.5-0268556, Official Records of Fresno County, said southeast comer being Me TRUE POINT OF BEGINNING of this description; thence continuing S 0"48'50" E, along the east line of saitl southwest quarter and along the east line of and Parcel °B", a distance M 314.51 feet to the southeast comer of the north 12 acres of the northeast quarter of saitl southwest quarter, last said southeast comer also being the southeast comer of said Parcel "B'; thence N 58°17'54' IN, along the southerly boundary of said Pamcl'9", a distance of 10.91 feet to the southeasterly line of Lot 107 of Tract No. 4682, according to the map thereof recorded In Volume N of Plats at Pages 3 through 5, Fresno County Records; thence N M-33'24" E, continuing along Bald southerly boundary and along said southeasterly line, a distance of 14.T feet to the witheastedy comer of said Lot 107; thence N 69"49'16" W, continuing along said southerly boundary and along the northeanerly line of said Lot 107, a distance of 61.14 feet; thence N 78'46'20' W, continuing along said southerly boundary and Wong Me northeasterly line of Lots 107 and 106 of saitl Tract No. 4682, a distance of 58.71 feet; thence N 89°58'48" W, continuing along said southerly boundary and along the north line of Lots 106 Mrough 94, inclusive, of said Tract No. 4682, a dlatance of 791.79 feet to Me east right-of-way line of that portion of South Orangewood Drive previously dedicated for public street purposes by that Deed of Easement recorded July 1, 1994 as Document No. 94107398, Official Records of Fresno County; theme N 0°01'19" E, along said east dghtof-way, line, a distance of 275.93 feet to the a mstence of 756.10 feat to the beginning of a tangent curveconcave southerly and having a radlusr114 l� oi 753.00 feat; thence easterly, continuing along said south dghtof-wey line and along the arc of saitl curve, through a central angle of 6"5218`, an arc distance of 90.31 feet; thence S 83°0623' E, comming along said south light -Of -way line and tangent to last said curve, a distance of 57.33 feet to the TRUE POINT OF BEGINNING. Contains an area of 5.755 acres, more or less, ort ,711 square fact, mora or less. SUBJECT TO an sasement and right-of-way for public street purposes granted to the City of Fresno by that Deed of Easement recorded 2010 as Document No. 2010- Offolal Records 0f Rome County. 2010-017 15-A-8703 ow�)Yjlp OAi0ATAWrria;3E cor Chumba OrngSw Grant Deed EhibitA.coc EXHIBIT "B" WR caFME ME MW OF lZa NXWI _ = � Hf PCNNTOW Ecmwini. rc� EA3T �(OmFtfT CHURCH AVENUE S� �s E u'syOG J anv. a FK[ m RF' _ pa P fiE*PD✓.p005108 (i J.rpEwuaaYnceFmK�MExKrPFU�IFn urm.wfmare,oaNc. �•in�m®ertr�iaa :c�eeFvw�. mna E TEUGENIAAVENNE Q Q af'mF ire7•fwt two mi �4 F]ECT1 Iv LwEra,E PEaeFc IFIIGIX Tin 1 N36-17ww Q NvmeE F47 FZV e 11E�Mf8IG4E8 MErtHff PPCPDX fl1Nf fNg5AEsEt ro9EFD O 5.755gGvN zso.71n 1 i xflm E TEUGENIAAVENNE Q Q af'mF ire7•fwt two mi �4 F]ECT1 Iv LwEra,E PEaeFc IFIIGIX Tin 1 3010411 aErvacw.vrof p.9lKnVM1a cur W" PARCEL TO BE GRANTED TO THE CITY OF FRESNO N36-17ww Mat NvmeE F47 FZV 3010411 aErvacw.vrof p.9lKnVM1a cur W" PARCEL TO BE GRANTED TO THE CITY OF FRESNO Recording Requested By: Public Works Department City of Fresno No Fee -Govt. Code Sections 6103 aM 27383 When Recorded, Mail To: Public Worts Department City of Fresno 2608 Fresno Street Fresno, CA. 937213623 ATI N: Bruce Arland APN 481 300-335 (potion) DEED OF EASEMENT KB Resale Properties, Inc., a California corporation, GRANTOR. hereby GRANTS to the City of Fresno, a municipal corporation, GRANTEE, an easement and right-of-way for public street purposes over, under, through and across all that real property situated in the City of Fresno, County of Fresno, State of California, more particularly described and shown as follows: See Exhibits *A' and "B", which are attached and incorporated herein KR Resale Propemas, Inc. a California corporation Donald!: 2010.016 15-A-8702 D10ATXPaftlSE cor Church 8 Orepevro0chrhreel ExNbh A.doc EXE/BT D -I State of California ) — OPTIONAL SECTION — Couny of Fresno ) On before me, h VAIT NAME Notary Public, personally appeared, sa�lworscamts J MDrvOA O CORPORATE OFFICEp15) who proved to me on Ma basis of satisfactoryntthe si ce, to to the n lel Parsons)ged to names) Israresubscribedteth sem Instrument and oapRTNFlIsr o JMrtEO acknowledged tome that and that by ismenthe the same in hiontheheir J GENEIIAL instrumentzed! catthe persons), and that by hiaten behalf of etere(Me perea U ATTGRI9EY INFACTInstrument the pthe Instrument m the entity upon behalf of which Me persan(s) U TRUSTIRIS) acted, B%BCOted the lnelNmanl. oGIIA ISRE RESENTING ATOS NAME O IS REPRESENTING Iceery toE PE NAL TY IJ FPEPJURY NFNe oP PERSON(a)ORPMIiypEsl antler to laws at the Stare of s hun omia Nat Ma foregoug patagtaph re e attl caned WITNESS my hand and official seal a SIGNATURE OF NOTARY k FOR CRY OF FRESNO USE ONLY CERTIFICATE OF ACCEPTANCE(ONioer) CERTIFICATE OF ACCEPTANCE(Counciq In accordance with Section 2081 of the Government In accordance wild Sordon 2)281 of to Government COOM. the is b [entity that the Interest in mal property Code, Mia A to candy Met the interest In real pmpedy spec ed hereby is accepted by the undersigned off ere conveyed by This Instrument to the Cry of Fresno, a mi behalf Of the Council W the CXy of Fresno pursuant to munk:pal corporation, Is hereby accepted! by order of the autlwdy centered! by Resolution No. 92-219A of said Consist of Me City of Fresno made on the date hereaXet Council, adopted June 91 1992 and the gramee consists and fond and Me grantee consents to the recrel llan to Me Fecundation thereof by its duly aullsOnzed officer. thereof by i6 duly authi officer. Public Works Director Item NolRees. No, ACCEPTED: Dale M Council Chosen Sly: oePmr Date: CNy Clerk 0 : Data APPROVED AS TO FORM: City Atlomey Ry. Date: TOM Toa: 3 c 7 y Dale: Data: /Z—/V4, Log No. 20/C -0/e Drawing Na. /S-A-E16,Z EXHIBIT "A" APN 481-300-338 (portion) Street easement A Portion of Parcel -8" of Lot Line Adjustment No. 03-96 as described in that Grant Deed recorded November 12, 1996 as Document No. 96150885, Official Records of Fresno County, situated in the southwest quarter of Section 17, Township 14 South, Range 21 East, Mount Diablo Base and Meridian, according to the Official United States Government Township Plat thereof, in the City of Fresno, County of Fresno, State of California, said portion being more Particularly described as follows: BEGINNING at the northwest corner of Lot 94 of Tract No. 4682, according to the map thereof recorded in Volume 68 of Plats at Pages 3 through 5, Fresno County Records; thence N 89°58'48' W, along the westerly prolongation of the north line of said Lot 94, said westerly prolongation also being the north line of that portion of South Orange Avenue previously dedicated for public street purposes by the map of said Tract No. 4682, a distance of 10.00 feet to the east -9hFof-way line of that portion of South Orange Avenue previously dedicated for public street purposes by that Dead of Easement recorded July 1, 1994 as Document No. 94107398, Official Records of Fresno County, said east right-of-way line also being the west line of said Parcel 'B'; thence N 0.01'19' E, along said east righFof-way line, a distance 01275.93 feet to the southwest comer of that portion of East Church Avenue previously dedicated for public street purposes by that Dead of Easement recorded November 14, 2005 as Document No. 2005-0268556, Official Records of Fresno County; thence S 89°58'41' E, along the south right-oi-way line of said portion of East Church Avenue, a distance of 18.69 feet; thence, leaving sold south right-o4way line, S 45.0119- W. a distance of 12.28 feet; thence S 0°01'19- W, parallel with and 10.00 feat east of said east right-of-way line of South Orange Avenue, a distance of 267.24 feat to the POINT OF BEGINNING. Contains an area of 2,799 square feet, more or less 2010016 15A-0]02 MDATANerketSE cor Church a pranPwwc Saeat ERhibit AAoc EXHIBIT "B" EASTCHURCHAVENUE �I Se Iemj•f,e,w 3 _ _ _ _-"_"Pen9mw-_ Q s tVIII IV wig ��w,fl+awirceorarmraawaicamcEr S - nummenerno�omemswrvEcwoeo 4b .u�r,.,wa.smaawrrio.w,mseno.n.rc �¢ oeo�c..mrwwNKm,aeTPwwms6 4 zi. H. �o`ar rs�Nexr umnom xoreuaEn u, zms mc,n.�m w. mmmeeme. oxr.c. ��-rv�vwusrorniurm WWF nATF M.F.0 ev o.m nucr Na wux.� m or ours a, Puns M. r.cn wrc G e' o ��Npf PFF�p � �,�W g C � 9p^•' TMFNTpM1.f G. r E$ 0 g 6 ND. rew fmv NWmw ��W N�.ww m :cam&WW UNE�'N;N�,W NW66e W °:� !� a �N 17. 14121 --8 `g 94 '�`— 96 vq+ 96 Q eem = x NOSGLLE INDIGTESAREATOBEDED IW EASTEUGENIAAVENUE Lr99SEm CITY OF FRESNO 2(HMI6. crrvMmrmorweucvmaa PLAT30" PARCEL TO BE DEDICATED TO THE CRY OF FRESNO Jiu� aye AS AN EASEMENT MID RIGHTOF-WAV FOR PUBLIC STREET PURPOSES = 4 15-A-8702 PHASE I ENVIRONMENTAL SITE ASSESSMENT SOUTHWEST CORNER OF EAST CHURCH AVENUE AND SOUTH ORANGEWOOD DRIVE FRESNO9 CALIFORNIA Prepared For: Carl Kassabiao City of Fmno Public World 2600 Fresno Street Fresno, CA 93721 Prepared By: R Fraser Cousaltiog Rebecca Fraser, Cousultant PO Box 2010 CIOW, CA 93613 MLY 2], 2009 EXHiair E TABLE OF CONTENTS 1.0 EXECUTIVE 8U51MARY 4 2.0 INTRODUCTION 4 2.1 Nrpme and Scope 4 2.2 DeWIW Scopeof-Servim 5 2.3 Limitations and Eaceplbns 5 3.0 SITE DESCRIPTION 5 3.1 Lwtlou and Legal Description 6 32 Sim and Vicinity General ChvnelerBtin 6 33 Current one of the Property 6 14 Descriptions af5wctuits, Raub, other lmprovemenu 6 35 Current Uam of fit, Adjoinlot PmpeAee 6 4.0 USER PRCVUDED IiFOROfATION 7 4.1 Title Records 4,2 Specialized Knowledge T 43 Commonly Known or Rea inably Amerlamable Information I l4 Owner Information 4.5 Reasons for Performing Phan, l 8 5.0 RECORDS REVIEW 8 SI Standard Envlfanmemlel Record Souem a 5.2 Physical Selling Sources a 33 Historical Use Information an the Property "it Adjoining 8 Properda 6.0 ME ANO VICINITY RECONNAISSANCE 8 6.1 Genenl She Seeing 8 62 Eaerior OMervetmir, 9 63 Interior O6aervatioo+ 9 7.0 INTERVIEWS 9 7.1 lalervkw with Owner 9 73 Interview with ["at Government OlRenk 9 8.0 FIIDINGS 10 8.1 Evaluation of Oaa GRpwlDWHndinp 11 8.2 L64 ReroN and Perm" Rerkw 11 83 Onsite Coearns 12 gA OR9ile Conarm 12 9.0 OPMON5 AND CONCLUSIONS 12 10.0 OUALIFICATIONS OF ENVIRONMENTAL PROFESSION AND SIGNATUT E D 11.0 REFERENCES 13 APPENDICES APPENDIX 1 SITE PLAN, TOPOGRAPHIC MAPS, ATRIAL PHOTOGRAPHS APPGNDU(2 TITLEREPORTANDRESUME APPENDIX 3 SITE PHOTOGRAPHS APPENDIX4 INTERVIEW APPENDIX5 ENVD20NMENPAL DATA RESOURCES, INC. REPORT 2 TABLE OF CONTENTS (Continued ACRONYMS Ug)g micrograms per imam AST AMvegmund Storage Tank(s) AWP Annual Workplan CAL -EPA State ofCalifomia Enviromnenml R odium Agency CERCLIS Comprehensive Envtmmmmml Responsibility, Compeavetion, and Liability Information System DISC Depamnent ofToxie Substances Control ERNS Emergency Response and NotBcation System FCAO Fresno County Assessor's Office. FCBD Fromm County Building DcPmtment FCEHD Fresno County Environmental Health Departumnt FCRO Fresno County Recorder's Office FOD City of Fresco Development Deparlment FFD City of Ftesom Fire Department FWMB Integmed Waste Mavagernem Board LUST Leaking Undergmuvd Stomge Tank NPL Narionel Priority List RCRA Resource Comenmmin and Recovery Am RWQCB Segiomil Water Quality Contcl Elated SMS Solid Waste Information System SWRCB Stare Wmer Resource Control Board TSD Harerduus Waste Tmostsm, Storage, or Disposal Facilities US EPA United States Enviromnemel Protection Agency UST(s) Underground Stemge'lank(s) PHASE I ENVIRONMENTAL SITE ASSESSMENT SOUTHWEST CORNER OF EAST CHURCH AVENUE AND SOUTH ORANGEWOOD DRIVE FRESNO, CALTFORMA 1.0 EXECUTIVE SUMMARY RL Fanner Consulting conducted a Phase I Environmental Site Assessment (ESA) on one parcels located m the southeast comer of Fast Church Avenue and South Orangewood Drive in the City of Crania, Cassava County. California (SITE). RL Fraser conducted the Phase 1 ESA of the subject site in conformance with the American Society for Testing end Materials (ASTM) El 527-05 Standard Practice for Envim mental Site A ssments: Phase 1 Environmental Site Assessment Process. flus Phase I ESA con thates all appropriate inquiry (AAI) designed to identify reorganized! envimumemal conditions (RECs) in cmmnation with the previous ownership wood uses of the subject site as defined by ASTM EI527-05. ASTM E1527-05 Section 1.1.1 Recognized Enaronmenlat Conditions — The term recognised envnosemenml comboom means theyrerence of ikelypresence ojary hasardoussubstances or petroleum products on a property under cond0iorm that indicate an wasting release, alast release, or material threat ofa release of any hazardous substances or pen rheum products into structures on the property or We the ground, grounshwaser, or surface water on the property The term includes hazardous substances or petroleum products even under candidom in compliance with laws The term it na imendedm include de minimis wndtrlom that generally do tat present a threat to human health or the environments and Nat generally would trot be the subject often enforcement action ifbrougM to the attention ofantropriate gwernarmad agencies. Conditions determined to be the minimis are wt recognized environmental conditions. RL Fraser ConsWung findings of this Phase I ESA reveald no evidence of RECs in connection with the subjeatsite. 2.0 INTRODUCTION This return summanzes the findings of Phase I Environmental Site Assessment (Phase 1) conducted on one parcel looked in the southeast comer of East Chureb Avenue and South Orengewoud Drive, City of Fresno, Fresno, California (SITE). The parcel is raupid with a ponding dawn electrical transformers, which is locoed on the north vmmem portion of me Fennel. A SIZE Location Map is presented in Appens ix I. 2.1 Pur According to ASTM El 527-05, the purpose of this prectire u to define good commercial and customary pewlice in the United Sates of America for conducting an eavimnmentel she assessment of a pwrcel of mmercial real estate with usspat m the resign of cortwmivmts withwthe scope of the Comprehensive Env ncrmentd Response, Compensation andi Liability Am (CERCLA) (42 US.C. nap and petroleum products. As each, this prwtia is intended to permit a users satisfy one of the requirements m 0ualify for the imr ent landowner, contiguous property owner, or bora fide prospective purchaser limitation on CERCLA liability (bereinafler, the Isndowner liability protections, or LLPs): that is, the practice that continues "all eppmpride inquiry, into the Previous ownership and uses of the Property covsinent with gad cornmemim or customary, practice" as definN at 42 U.S.C. •0601(35)(9). 2.2 Detailed S•nce of San just The scope of work is wmarnarizd as follows: • Conducted a recoavvana of the SITE and accessible areas within on"uaner mile; • Reviewed available historical resources to assess the history amt part use of We STIP; • Reviewed available regulatory agency files regarding the possible release of hazardous materials to the envir mnncoL up N one mile from the STM. Facilities known N operate and l or monsoon underground atomise takes LASTS) and I orabovegroumul strange ca ks.(AST's) on -SITE or in adjoining properties were identified; • Reviewed data to assess potenfial environmental concerns or impairments as a ¢cult of the past and present activities at the SITZ, existing SITF, conditions, and conditions at nearby off -SITE properties; and • Prepared this report summarizing the assessment procedures, findings, evaluations, and conclusions 2.3 L mirations and Exceotioa The purpose of an envirmumad t assessment is to ruesonably assess the prnendal for, or annual impact of, past practices ova given are which may pose an emwironmenard impairment Nit. No assessment is thorough enough to identify all potential evvimmvental impahmem m a given site. Ifarviromnenfal impairments have not been identified during the asresunent, such a finding should not, therefore, he consistent as a guarantee of the absence of such conditions on the Site, but rathar the result of the services performed within the scope, limitmions and cost of the work performed Infonmtion obtained F m the serial photographs is an imarpn:mtion of f hues observed in the photographs. Actual conditions m the Site may he different from those interpreted. The coadm'ion limsented in thus report me solely professional opinions based on information provided regarding the Site and the fmdmits of the reconnaissance and mcmids.semeh. Conclusions presented ire head on conditions as they existed at the time the work was performed. Changes in existing covdnioa of the Site due to time lapse, around causes, or operstions adjacent o the Site may deem conclusions presented invalid, unless the changes are reviewed and the conclusions ro valumed Such conditions may require additional field and laboratory investigations m as css if the conoluslons are applicable considering the changed conditions. 3.0 SffEDESCRIPTION Thur portion oft portion is van parcel is occupied with a ponding basin and electrical transfommen and the other portion of the parcel is vacant. 3.1 Location and Legal Description Current Address: NA Locaau: Ile site exists within Section 17, Township 14 South, Range 21 East, East Mount Diablo Baselise and Meridien. Aase sor's Parcel Number: 481-30"33s Site Acreage: 6.7 acres 31 Site and Vicinity General Chaneteristies The property is level in topography and slightly above street goodies. Load hearing capabilities of the soil ere assumed to he adequate. The subject property has concrete curb, Summers and sidewalks. 33 Current Use of the Proner4v Existing Site Use: vacant, ponding bwin Proposed Site Use: concoction ofpark 3.4 Descriptions of Struatsum. Roads. Other imumonsurtr on the Site According to the City of Fresno records agricultural has been located on the site since the early 1900's. East Church Avenue is located on the northern property line and South Orangewood Drive is loreted on the western pnryerty line. City of Fresno has sewer and water lines in Fist Church Avenue. 3.5 Content Uses of Adiolning Procter Property Use Single-family houses and vacant S'inglrl'amily houses vacant vacant 4.0 USER PROVRIED QFORMATION A review of user -provided title reports and a cumpleid Phase 1 CSA user Questionnaire was conducted iv order to help identify pertinent information regarding potential envhovmentd impacts associated whh the subject site. fi Zoning North R-1-UGM South R-I-UGM East AE -5 Weal AE -5 UGM Property Use Single-family houses and vacant S'inglrl'amily houses vacant vacant 4.0 USER PROVRIED QFORMATION A review of user -provided title reports and a cumpleid Phase 1 CSA user Questionnaire was conducted iv order to help identify pertinent information regarding potential envhovmentd impacts associated whh the subject site. fi 4.1 Tille Restrds. Environmental Liens or Activi On January 29, 2019, a Preliminary Title Report for the subject site by Fidelity National Title Company was provided to the City of Fresno and the Phase 1 ESA user. The subject site Title Report was reviewed an identity potential deed re nnictivns, envhovmental liens or activity and use limitations (AVLs) which may have occuned on or exist in connection with the subject site indicated by the subject site Title Report. RL Fraser Consulliog review of the Iitle Report indicaNd no dead restrictia n.environmental liens or AMs for the subject site. 41 Specialized Knowledne On July 21, 2009, a completed Phase I ESA user questipmaire was received from the current owner of the Site. Plum referm Appendix 4 for a copy of the completes] user questionmi e, 43 Commonly Known or Reaaonably Aacerlainable Information In order to qualify for one of the Landowner Liability Pmleclion (LI.Ps) offered by the Small Bunions Liability Relief and Brownfrelds Revimltmhon Act of2001(t BrowaEelds AmerWments), the user must provide the following info®ation(if available) to theemironmental professional. Failure to provide this irHormation could result in a demrmirmtion that all apprepriata inquiry is Trot complete. The user is asked[ to provide indiscretion or knowledge of the following: 1. Environmental cleanup liens that are ftld or recorded agavat the site. 2. Activity and land use limitation that we in place on the site or that have been Hld or recorded in a registry. 3. Specialized knowledge or expenence of the person seeking to qualify, for the LLPs. 4. Relationship of the purchase price in the far maker value of& a property if it were nor eontmanmd. S Com move of obviousness reasonably ofihs presence or wtely presence of the property 6. The degreeaf obviousness contaminations or appropresenceofcation retion at the property and the ability to detect themnfamiratiov by appropriate investigation 4.4 Phase I Environmental Sit Anconscrocint User Questionnaire, Owner Warrionfisto Arcading to the quesdoenare responses, Mr. Zach Games, General Superintendent for KB Hames, to the best of his knowledge as the occur of Wis Phase I ESA. was not aware of any environmental cleanup liens and activity or land use limitations which have been fill or recorded against the subject site; and Mr. Gomcs has no specialised lnowldge or experience of the prior panne ofthe business a chemirsl uli hoHon on the subject site. He reported that there were no current or former ASTs, USTs, or dispi sa area on the Project site. He also reported than them was no site waste genemdi n storage or disposal of baaudous materials at the site. 43 Reasons for Performing Phased According W ASTM EI522-05, the purpose of this pro tice is to define good commercial and customary, pmcfice in We Failed States of America for conducting an rnv'vonmenml site assessment ora parcel of commercial real estate with respect to du range of contaminants winds the scope of the Comprehensive Envimmneuml Response, Compensation and Liability An (CERCLA) (42 U.S.C."9601) and petroleum Products. As such, this practice is intended to permit a user to satisfy one of the mluirements to qualify for the innocent landowner, configuous property owner, or bona fide prospective Purchaser limitation con CERCLA liability (hereinafter, the landowner liabifity protections. or LLPld: that is, the practice that mnstitutes'411 appropriate inquiry into the previous ownership and uses of the property consistent with goad commercial or customary, practice" as defined at 42 U.S.C. e9601(35)(B). 5.0 RECORp4 REVIEW Federal, state, aed beat government regulatory agency lists, records, and permits were mannered for infonmation regarding potential impacts to the site by off-site sources from areport obtained fium Environments] Data Resources which is lacated in Appendix S. Records were obtained firm the City of Fresno Planning and Development. R.L. Polk Directory, historical aerial photographs, Statham Fire Insurance Maps and Phase 1 ESA interviews were conducted with the tome tt owner and surrounding Property owcers to assess the history offlue subject site. 5.1 Standard Eavireamenml Record 5oarna Federal, state, and meal government regulatory agency Esq records; and Permits were researched for information regrading potential impacts W the site by off-site mums. A copy of the mgulemrylistcheck dam repos (Enviro mannas) Data Resources Report) is presented in Appendix S. 5.2 Physical Setting Saastt City directories published by R.L. Polls Directory were reviewed at the Fresno County Library and Environmental Data Resources, Inc. 'f he city directnnies ware reviewed for intimation concerning past and current occupancy of the SITE. 53 HiStOrical Use Wormation on theProred and Adooining properties Aerial phoWgmphs of the site and suraunding property were reviewed at the Fresno State University Literary in Fenno, California and City ofFnaem, Development Department, Map Division to provide historical information an the site. On March 2. 1994, the City of Fresno Development Department approved Conditioned Use Permit (CUP) No. 94-09 (Minnewnwe Rauch) for property located on both sides of post Church Avenue between South Peach and South Jensen Avenues. The CUP proposed the development of planned development project on 162 acnes which w01 contain approximately 609 single -firmly residential lots of which 251 lots are reduced sive lots within clustered planned development projects. Rezone Application No. W-02 retuned the site from AE- SNGM to R- [MGM. Only single-family houses were constmeted. RR Homes was going to make this pastel into pad: 6.0 A nssor passed map the Site was performed by Rebecca Fraser,nd obo g corualsim on Julyis f 2009. An assessorparcelmapdepictingthe Site, adjoining during use, endobsmedan-sitees of ceecpreernmdin Appendix 1. Photographs of the Site were rukrn dwin6 the reconnaissance end copies of selected photographs are presented in Appendix 3. 6.1 ( aeail Site Sesttisa Theeasmmportione proparcelis cmenily oauPiNwhh asingleeral lwgc cess The wes[an portion ofthe parcel is vecmt. The proposed site Net is vacant is flat and has several large oars 6.2 Exterior Observadons Listed below are the exterior observations at the Site an ful) 23.2009. SUMMARY OF SITE RECONNAISSANCE OBSERVATIONS FEATURE. OBSERVED NOT OBSERVED AST X Chemied / pesticide / hvsrdous material storage area X Debris X Discolored or stained soil or vealm7 X Glectrund equipment not oveamsd by audlit) X Piper of unknown use or origin X Painting basins X _ Storage dams X Strom drains X Stmctur X I1S]'s ar e evidence USTs X Wesreona%mewaterer discharge fo stafazeor surfaeeweters of Site (not eto® water) X Waacoil norag= X - Went wells (not observed) X INTERVIEW Interview with the Ovmer oral 1«d gave=" coMuued on July 21. 2009, to provide pertinent information regarding putential environmental impacts essociated with Ne subject site. ].t Interview w"N Owver According to the questionnaire responses, Mr. Zach (fomes, to the but of his knowledge as the user of Ws Phase 1 GSA, was not aware of my environmental clescup liens and activity or land use limitations which have been filed or recorded against Ne subject site; and Mr. Cmmes bas no specialized knowledge or experience ofNe prior nature of Ne buswesa or chemiml Oliution on Ne subject site. He reported Nat Nere ( no uenl or former ASTs, OSTs, or disposal area on the Project site. He also reported the[ Nere was no sirt te w ste generation, smmge or disposal of hazardous materials A the site. 73 Interview with Local Governments Uncials A verbal interview was received fiom Ore Inspmvnent of Public Warks of Ne City of From. They were not aware ofany priornature of the business or chemical utilhatim on the subject site. As faras day new, the site hes been used For agricultural or a pending basin. 8.0 FLYli 'Ile findings ofthe PHASE 1 are presented in the following subsections. Aerial Photographs, Sanborn Insurance b4i Review, Historical City Directory Review Available historical aerial photogrepbs of the Site and vicinity for the years 1931, 1950, 196, 1977, 1989. and 1998 were reviewed for indications of past Site use and I or Site activities which may have involved the manufemure, generation. use, shortage and I at disposal ofWari materials. • The site was occupied with agricultural until the isle 199o's. The sire wa+sunourtded byagricuhmal unfit the late 1990's. The elementary school located War the site was constructed in Ne mid 1990's. Sanbom Fire Insurance Map drawn for the City of From did not include the Site and surrounding property. 8.1 Evaluation of Daw GamulDsta Failure In accordance with ASTM E 1527-05 guidance. data gaps represent a lack of or an inability to obtain information required by this practice despite good faith efbrts'by the rnvirotm odal professional to gather such ministration. Data gaps may result from ine omplesenos m any of the activities required by this practice. Firm failure represents the failure to achieve the historical sessions objectives of this practice even rifer reviewing the standard historical sources tout sum reassembly aseenainahle and likely to be usefW. Data failure isonetypeofdaragnp. The following is asummary ofdota gaps enmunterad in the process of preparing this report incl Wivg an observation az to Uri presumed sigvilirame of Ihu dao gap to the conclusion ofttis assess ant. Absence offmad Title Report fID January 29, 2009, a Preliminary Report (PR) for the subject site by Fidelity National Tfle Company was provided to R1 Fraser Consulting by the City ofFinarm, RL Fraser Client and the Phase I ESA poor. "11e subject site PR was reviewed to identify potential dad restrictions. environmental liens or activity and use Mutations (AUCs) which may have accurrM an or exist in corvaetion with the subject site as indicated by the subject site PR. RL Fraser Cupoulting review of the PR indicated no dead restrictions, mvirovmenml Bees or AULs for the subject site. However, as quoted fiom the subject sire PR, "Il is important to note Men this Preliminary Report is not a written reprearnm[iov as to the condition of title and may not list all liens, defects and mcumoresces affecting title to the lend." The absence of a condition of title mpreseras a data gap. Therefore, RL Fraser recommends that a the close of Me real estate transection and upon Ole issuance of the final Tide Report (TR) that the fmal TR be reviewed and any information devising farm Chet presented in Ore PR reviewed herein revealing evidence of RECs be evaluated and documented in conjunction with Me report Taken in consideration wild the available attenuation obtained in the course of preparing this return in co jurctim with professional experience, there is an evidence w suggest Naz this dam gap might alter the condpoian oftlds assaxment. However,mntmw ofa Final TiOe Report me unknown. Absence of Interview with the previous Owner A Phase I ESA interview with the previous owner of the subject site was not reasonably ascertainable. Consequendv, iN'ormativv regarding the history and hismrieal uses of the subject site obtained from interview of the current owner constitutes a dares gap. Taken in consideration with the available iW'onnaoon obtained in the course ofprepering this repo in conjunction with professional experience, there is no evidence to suggest that this data gap might alter the conclusions ofthis assessment. However, contemn ofap interview with a previous pmperry owner are wrigrles"L Absence of Resequi Ps Tribal Re ults Request As of the dare of this repos, no responses have been received by RL Fraser ConsWdng men the tribal contacts. However, according to the MR Rebus Map Report, no tribal records are, listed for the subject site or the adjacent puTerties. There is no evidence to suggest thm this daa gap might alter the conclusion of this assessment. However, contents of absent responses to request for Thal records are unknown. 81 List Reci and Permit Review Information regarding the HsL record and permit review findings is summarized m the table below. SUMMARY OF RECO LATORY IJSTS AND RECORDS REWF,WED SOURCE DATE SEARCH RADNS buk) PROXIMITY 1n SITE buss ON- STOP WPRIM- V. -'fi 'A-1 US EPA. CERCLIS LIS' 1 )-201] 6 NONE _ _114 NONE NONE NA US EPA NPL 3-]00] 1 NONE NONE NONE NONE US EPA ERNS LIST 1-2007 SITE NONE NA NA NA US EPA, SERA Hamrdous Wute Generators 34007 SfrE@ etl om NONE. NONE NA NA US EPA, RCRA TSD I•aalitis 3-2001 ;5 NONE NONE NA NONE US EPA. RCRA. TSU, CORRACTS facJNss 3-2007 I NONE NONH NONE NONE Slee uivakm CERCLIS 1-2007 1 NONE NONE MORE NONE CAL=EM OTSq Annual Workpun Biba 1-2007 1 NONE NONE NONE NONE CAL EPA, RWQCN Liar ofPacilida with Leoung USTs 3-200] y ONE. NONE Not CAL -EPA IWMe WS Los of ActiveeM I sive tsM1i16 ]-2W] 't ONE NONE.. NA CA -EPA, SWRCB List orRegistered USTs l- 200] STfE& ed' In ONE NOW NA FCEHD, Lur of leaking USTs SITE& eJomin 5NN ONE NONE NA _ FFO, H� mMeudiaN hcidmn SITE& A"oi NA NA PED, Reimnrd USTs SrrE ON, .NONE NA On -Site Concern. The southwester potion of the parcel appears to have a ponding basin. There were an envimnmmtal concerns identified at the Site during this assessment. 8.4 ORSih Concuma Those facilities identified on the regulatory list and record reviews which are considered to Meant a possible envimnmemal concern to the SITE were reviewed. The results of that review are presented as follows: The agency provides oversight of boniness that require Haradous Materials Business Plans, Accidental Release PIMs, operate UST's, and generate hamrdous waste. Following is a summary ofthe listed propenes. No other potential recogvized envimnmenW condition or conditions at Vicinity prnpenes which appear as have the potential to environmentally impair the property, were idmulied No engineering contend site, sites with institutional controls, or sites with dead restrictions were listed for the subject site, adjacent sites or vicinity properties in the EDR-provided government database repot. No Indian reservationsor leaking LIST (LUSTS) on Indian Lard were repined on the subject site, adjacent sites or vicinity properties in the EDR-provided government datdiaw report 9.0 CONCLDSIONSIOPINIONS A Phase 1 manard temd Site Asseaao mein conformance with the scope and limitetioits to A new emetice E 152] -OS ofthe til Pracncewasfor Envlraned- Sire Assessment Phare IEnviwas previ Site A escribedi Frites. The pmjeet site was performed. Any deviation from dun practice was previously described in this repot. The assessment has reveled no evidence ofrecogni td envoomental conditions inconnection with the projatSite. 10.0 OH.u,IFICATIONS and SIGNATURE OF ENVMONMENTAL PROFESSIONAL This Phew I ESA was conducted by Rebecca Frouer, dealer Degree in Urban Planing, see duiched resume. The work: was conducted in accordance with ASTM E1527-05, generally accepted industry standards for environmental due diligence in place in the time of the preparation of Nis report, and Rebecca Freser's reality-conwl policies. I declare that, to the hes[ of my professional knowledge and belief,) meet the definition of anvironmmtd professional w defined M 312.10 of 40 CFR 312 and 1 have the specific qualifications based on education, maiming and experience to assess a property of the nature, history, and setting of the subject property. 1 have developed and performed all theeapprom ate inquiries in condorm ecce with the standards and practice set tion in 40 CFR Pan 312. Respectfully subbodol Rebecca Fraser. Planning Consultant 10.0 REFERENCES American Society for resting not Materials, 2006, ASTM Standards on Envimnmeutal Site Assessmmt for Commercial Real Estate, 2r ecl, E 1529-05, Philadelphia, Pemaylvania Fresno County Library Fmmo State, California University, Map Library Fremo County Planning Department City of Fresno Development Department and Redevelopment Agency Federal amt State regulamry agency lists compiled by Environmental Dona Resources, Inc (EDR) U.S. Geological Survey 7.5 minute Fresno When Rawreed Mall To'. City Clerk City of Fravno 2600 Fresno street Fresno, California 93]21-3693 CITY OF FRESNO Public Works Department RELEASE OF STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY OFF-SITE STORM DRAINAGE FACILITIES FOR TRACT NO. 5235. Rdmse of Covenant Tract No, 5235 Temporary ORSae Storm Drainage Facilities Page 2 WHEREAS, KB RESALE PROPERTIES, INC., "owner' and KB HOME SOUTH BAY, INC., 'Developer. together hereinafter retained to as "Covenantor entered into a revenant providing for Temporary ORStte Storm Drainage Facilities, dated November 1, 2005 and recorded on December 12, 2005 as Instrument No. 20050289952 of Official Records of Fresno County, hereinafter refeved b as the 'Covenant l' and WHEREAS, said Covenant Is attached as Exhibit A; and WHEREAS, the Property affected is more speciflrally described In said Exhibit; and WHEREAS, Me Director of the Public Works Department has determmed that the terms of Me said Covenant have been satisfied and that Me continued existence and enforcement of said Covenant are no longer necessary. NOW, THEREFORE, in accordance with the previsions of said Covenant, Me Citycf Fresno does hereby release the Subject Property from said Covenant and Mat it shall be of no further force or effect. DATED: CITY OF FRESNO a Municipal Caporatlon PATRICK N. W IEMILLER, Director Public Works Department By: SCOTT L. MOZIER, P.E. Assistant DimcWr/Cfty Engineer APPROVED AS TO FORM: JAMES C. SANCHFS City Almmey By. CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) as. CITY OF FRESNO ) On before me, personally appeared, , personally known an me (or proved to me on the basis of satisfactory evidence) to be the person whose name Is subscribed to the within instrument and ackncwledged b we Mat he executed the same in Ms authorized capactty, and that by his signature on the instrument the person, or the entity upon behalf of the City of Fresno which the person acted, executed the instrument. WITNESS my hand and official city seal. REBECCA E. KLISCH, CMC City Clerk DEPUTY Wlren RewMed Mall To City Clerk CTy M Fresno 2600 Fresno Street Fresno, CalRornla 93721-3603 CITY OF FRESNO Public Works Department RELEASE OF STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPING AND MAINTAINING AN Ol SITE OPEN SPACE FACILITY FOR FINAL MAP OF TRACT NO. 5235. Exsiiair F- / Release of Covenant Tract No. 5235 ORSik Open Space Facility Page 2 WHEREAS, KB RESALE PROPERTIES, INC.,'Ovo er and KB HOME SOlf1H BAY, INC., 'Subdivider, togemerhominafter referred to as "Covenantor entered into a covenant providing for the development. landscaping and maintenance of an off-site open space fadiity, all November 1, 201 and recorded on Decamber 12. 2005 as Instrument No. 20050289956 of ORrual Reco is of Fresno County, hereinafter referred to as the "Covenant; end WHEREAS, said Covenant is attached as Exhibit A; and WHEREAS, the properly affected is more specifically described in said Emibit; and WHEREAS, the Director of the Public Works Department has determined that the terms of the said Covenant have been satisfied and mat the continued existence and enforcement of said Covenant are no singer necessary. NOW, THEREFORE, in accordance with me 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 oreffect. CITY OF FRESNO a Municipal Corporation PATRICK N. W IEMILLER, Director Public Works Department SCOTT L MOZIER, Assistant Cirri Engineer APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) as CITY OF FRESNO ) On before me, personally appeared, personally known to me for provad to me on the basis of satisfactory eNdence) to be he person whose name Is subscribed to the within Instrument and acknowledged b me hat he executed the same in his authorized cepacity, and that by his signature on the Instrument the person, or he entity upon behalf of he City of Fresno Which he. parson acted, executed he instrument WITNESS my hand and ofAdal city seal REBECCA E. KLISCH, CMC City Clerk By DEPUTY ci at MESWIliIII REPORT TO THE CITYCOUNCIL 12, 2011 AGENDA ITEM NO. IB COUNCIL MEETING 5/12111 P ROVED By PIBEQTQR a TYm BRUCE A. RUDD, Assistant City Manager "now m cold City Managers Office one 51a q ANDY VANDERFORD, Suernsin En anm+'slon p g Engineering Technician Facilities Management Division PAUL A MEUKIAN, Administrative Manager /�M��/ Parks. After School, Recreation and Commu tyrfi Seminal Department SUBJECT: ADOPT A FINDING OF CATEGORICAL EXEMPTION PURSUANT TO ARTICLE 19, SECTION 15301 CLASS 1 (EXISTING FACILITIES), AND 15325 CLASS 25 (TRANSFERS OF INTEREST IN LAND TO PRESERVE OPEN SPACE) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES FOR A COOPERATIVE AGREEMENT BETWEEN THE CITY OF FRESNO AND KB RESALE PROPERTIES AND KB HOME SOUTH BAY APPROVE (1) A COOPERATIVE AGREEMENT BETWEEN THE CITY OF FRESNO AND KB RESALE PROPERTIES AND KB HOME SOUTH BAY; (2) THE CONDITIONAL RELEASE OF A STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY STORM DRAINAGE FACILITIES FOR TRACT NO. 5235; (3)THE CONDITIONAL RELEASE OF A STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPING AND MAINTAINING AN OFF-SITE OPEN SPACE FACILITY FOR TRACT NO. 5235: AND (4) AUTHORIZE THE ASSISTANT CITY MANAGER OR HIS DESIGNEES TO SIGN, ALL REQUIRED DOCUMENTS, INCLUDING THE COOPERATIVE AGREEMENT AND COVENANT RELEASES ON BEHALF OF THE CITY OF FRESNO RECOMMENDATION Stat recommends that the Council adopt a finding of categorical exemption pursuant to Article 19, Such 15301 Class 1(existing facilities), and 15325 Class 25 (humorous of Interest In land to preserve open space) the Environmental Quality Act Guidelines for a Coopemfve Agreement between the City of Fresno and I Resale Properties and KB Home South and also approve a Cooperative Agreement with KB Rea Properties, Inc., the owner, and KB Home South Bay, Inc., the subdivider, collectively called the 'developer Tract No. 5235 and suthonzes the conditional release of the two (2) Statements of Covenants hill to t Tract. Stat alsorecommends that the Council authorize the Assistant City Manager or his desgnces to si all required documents, Including the Cooperative Agreement and Covenant Releases on oeheR of the City Fresno. EXECUTIVE SUMMARY KB Home South Bay, Inc., subdivider of Tract No 5235 has asked the City of Fresno to consider releasing! Statements of Covenants tied to the approval and development of Tract No. 5235, generally located on I effort to the City Cwncil 03 Homes day t& 2011 rage 2 with side of Church Avenue, between Peach and Mlnnewawa Avenues. The covenants relate W requirements within the original subdivision agreement, signed and dated by KB Home officials on November 1, 2005. Me that covenant requires the subdivider to provide 2.83 acres (536 of fire grass area of the Tentative Map) for subtle common open space purposes (whin the tact) or provide an equivalent amount a area within one - human mile of the Tentative Map. In addition the subdivider Is requiretl to install landscaping and irrigation systems and maintain the open space area in perpetuity. Me second covenant requires the subdivider to excavate. fence and maintain an off-site temporary storm rater pond'mg basin. until such time as permanent storm water drainage facllilies are constructed and operational. In response to both covenants, the subdivider purchased a 5.755 acre parcel of land on the south side of Church Avenue between Orangewood Avenue and the Minnewawe Avenue alignment- The temporary norm water ponding basin, comprising 1.926 acres has been excavated and fenced. iowever, the open space reality has not been constructed as of this date and KB Home has requested the City of Fresno consider relieving Nem of this obligations In exchange for their granting the City of Fresno ownership to the entire 5.755 acre parcel. PARCS has expressed Interest in such a deal, for development as a future neighborhood park site and to that end; PARCS, Public Works and representatives from KB Home have met several times and have negotiated the attached agreement. In summary, the agreement states the Resale Properties. Inc. and KS Home South Bay, Inc. at Opening of Escrow agree to. 1. Deposit a grant deetl, with the Escrow Holder, conveying to the City of Fresno, a 5.755 acre parcel of properly, located on the south side of Church Avenue between Orangewood Avenue and the Mistake" Avenue alignment, APN 481-300-335. 2. Have completed construction of all Wilily main Imes for water, sewer, storm drain pipeline and inlets, underground ale i lral power, and telephone to the parcel of property to be tleeded to the City. 3. Have completed construction of all missing off-site street improvements such as curbs, guffea, sidewalks, fire hydrants, street lights and street paying bring street fromages of Me property_ 4. Paid the Fresno Metropolitan Flood Control District drainage fee, cumently in affect reflecting open space for FMFCD Drainage areas BD and BG. Currently estimated at $36,390, but not to exceed $40,000. 5. Paid all outstanding Urban Growth Management and connection fees regWred for utility services to the subject property. 6. Deposit into escrow, a Used of Easement for sheet right of way, along O angewootl Avenue, In accordance with City Standards for stoat widths and adopted Official Plan Lines. 7. Deposit Into escrowfunds in the amount of $72.200 currently held by the City as a Cedlficate of Deposit to guarantee maintenance of the required open space area described in the "Statement of Covenants Affecting Land Development for Landscaping and Maintaining an Ott-sm Open Space Facility for the Final Map of Traci No. 5235. 2 to the City Councll S. Pay for a California "no Title Association (CLTA) title policy to be issued by the Escrow Holder, showing title to the property vested in the City of Fresno with liability equal o $800,000. U Close of Escrow the City of Fresno agrees to 1. Relieve KB Resale Properties. Inc. and KB Home South Bay, Inc. of the requirement to malnai the temporary storm water storage basin and associated facilities as set forth in the "Statemel Of Covenants Affecting Land Development for Temporary Off-site Storm Drainage Facilities it the Final Map of Tract No. 5235' by recording a Release Statement. 2, Relieve KB Resale Properties, Inc. and KB Home South Bay, Inc. of the requirement to provide landscape. Irrigate, and maintain, In perpetuity, a 2A3 acre area for public common open spec as set forth in the "Statement of Covenants Affecting Land Development far Landscaping an Maintaining an Off-site Open Space Facility for the Final Map of Tract No. 5235" by recording Release Statement collowing Close of Escrew the City of Fresno agrees to 1. Maintain the existing temporary storm water drainage basin, located on the subject property, unfit advised by the Fresno Metropolitan Flood Control District that permanent master planned storm water storage acuities have been constructed and am operational. City shall be responsible for labeling the basin. a matter of oppose, shelf had a Phase I Environmental Site Assessment conducted dated July 27, 2009, for subject property which concluded that "The results of the assessment revealed no evidence of recognized rironmental conditions in connection with the project site". ff has performed a preliminary envexi mental assessment of this project and has determined that it falls lin the Class 1 Categorical Exemption set M& in CECA Guidelines, Section 15301(c) and 15325 (f) as this parry is being transferred to maintain open space and there is no expansion of existing uses. Furthermore. ie of the exceptions to Categorical Exemptions act forth In the CECA Guidelines, Section 15300.2 apply to On November t, 2005, the City Council approved the final Map of Tract No. 5235, a 240 -lot single family residential subdivision, located on approximately 55 acres on the north side of Church Avenue between Peach and Mlnnewawa Avenues. One of the conditions imposed on the subdivision was the requirement that the developer provide at least five percent of the total tract area for public or private common open space per the Roosevelt Community Plan. In response to this development condition KB Home agreed to landscape and maintain, in perpetuity, a 2.03 acre common use open space area for the neighborhood. A second development condition required the developer to provide a temporary storm water drainage ponding basin since permanent Fresno Metropolitan Flood Control District master planned facilities would not be available to serve the new tract. The pending basin was excavated and fenced on Ute same 5.755 acre cereal that KB Home wants to deed to the City. These hvo particuiar conditions have been m nal'ized In the form of officially recorded Statements of Covenants. The subdivision has been completed and performance security has been released. to the City Coundl 2011 However, at this time KB Home has asked the City of Fresno to consider relieving them of the obligations to (1) landscape, irrigate and maintain, in perpetuity, the open spam area In exchange for a grant dead to 5 755 acres of land which the PARCS Department will, at some future date, develop into a Neighborhood Park and (2) operate and maintain the Iampurary storm water ponding basin until the Fresno Metropolitan Flood Control District notifies the City that permanent storm drainage facilities are constructed and operational. FISCAL IMPACT Entering into this agreement will not have an initial fiscal impact on the General Fund, However, once the City takes title to the property, it will be responsible for the maintenance of the storm water Pending basin for an unknown time period and keeping the remainder of the property weed and fresh free. It Is estimated that this cost would be about $2,500 annually and will be paid from the forfeited security deposit of $72,200. Attachment'. Cooperative Agreement between City of Fresno and KB Resale Properties, Inc. and KB Home South Bay, Inc, including exhibits