The URL can be used to link to this page

Home My WebLink AboutT-6153 - Agreement/Covenant - Relinquishing Access Rights - 12/6/2017 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: IIII III I IN 11 IN 1 FRESNO County Recorder Paul Dictos, C.P.R. City Clerk DOC— 2017-0157029 City of Fresno Acct 8002-Old Republic Title CONCORD 2600 Fresno Street j Wednesday, DEC 06, 2017 08:00:00 Fresno, CA 93721-3603 Ttl Pd $0.00 Rcpt # 0004897547 RGR/E3/1-8 NO FEE - Government Code 6103 , - - - - - ---- -- - CITY OF FRESNO Development and Resource Management Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT RELINQUISHING ACCESS RIGHTS FOR CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 6153 Statement of Covenants Affecting Land Development Relinquishing Access Rights Tract No. 6153 Page 2 RECITALS WHEREAS, COPPER RIVER RANCH VILLAGES, LLC, a California Limited Liability Company, hereinafter referred to as the "Covenantor," is the owner of the real property situated in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described as follows.. Lots 16, 17 and 29 and Outlot C, of the Final Map of Tract No. 6153 according to the map thereof recorded on �LPm6P.f- G, fin/7 in Volume 13Z of Plats at Page(s) XL4!? , Fresno County Records; and WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument and that all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and WHEREAS, Vesting Tentative Map No. 6153 (Tentative Map) was approved with conditions by the Fresno City Planning Commission on January 25, 2017; and WHEREAS, the conditions of approval of said Final Map of Tract No. 6153, filed pursuant to said Tentative Map, require the relinquishment of access rights to Outlot C from the adjacent lots; and WHEREAS, the Covenantor requests the City of Fresno ("City") to approve the Final Map of Tract No. 6153 subject to the relinquishment of access rights for the Subject Property. COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of the Covenantor's request, the Covenantor 2 Statement of Covenants Affecting Land Development Relinquishing Access Rights Tract No. 6153 Page 3 hereby covenants that the Subject Property shall be held, conveyed, encumbered, used, occupied, developed, maintained, and improved subject to the following covenants, conditions and restrictions, which are for the purpose of enhancing attractiveness, usefulness, value and desirability of the Subject Property, the surrounding property, and the public at large and to minimize possible adverse effects on the public health, safety, peace, and general welfare. Each of the covenants, conditions, and restrictions contained in this Statement of Covenant will run with the Subject Property and shall be binding on each successive owner of the Subject Property and his/her/its heirs, administrators, successors, and assigns. 1. Covenantor hereby covenants as follows: (a) Covenantor relinquishes access rights to and from the boundary between said Outlot C and said Lots 16, 17 and 29 (adjacent lots). (b) The Covenants, Conditions and Restrictions (CC&R) and the Real Estate Disclosure Report shall provide notice to the owners of the Subject Property of such relinquishment of access rights and owners shall provide written notice to each lessee, tenant and subsequent buyer that such restriction exist. 2. The conditions of this Statement of Covenant are intended to benefit the public and public properties. Accordingly, the City shall have the right to enforce this Statement of Covenant by any legal or equitable means against the Covenantor and such person or persons in actual possession of the Subject Property who directly or who through any agent violate the terms hereof. All obligations of the Covenantor under this Statement of Covenant shall insure solely to the benefit of the City. There are no third party beneficiaries of said obligations nor shall the right of the City be transferable in any manner to any person other than to a successor 3 Statement of Covenants Affecting Land Development Relinquishing Access Rights Tract No. 6153 Page 4 municipal corporation whose geographic boundaries include the Subject Property. 3. The conditions and obligations of this Statement of Covenant shall remain in full force and effect until such time as the City's Development and Resource Management Director issues a written release of such conditions and obligations and records such release in writing with the Fresno County Recorder. 4. If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Statement of Covenant, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Statement of Covenant, "attorneys' fees" and "legal expenses" include, without limitation, paralegals' fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party's attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as "attorneys' fees" or as "costs" under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys' fees. 5. The waiver by either party of a breach by the other of any provision of this Statement of Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Statement of Covenant. No provisions of this Statement of Covenant may be waived unless in writing and signed by all parties to this Covenant. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 6. The provisions of this Statement of Covenant shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or Statement of Covenants Affecting Land Development Relinquishing Access Rights Tract No.6153 Page 5 portion thereof shall not affect the validity or enforceability of any other provision hereof. Whenever the context of the Statement of Covenant so requires, in interpreting this Statement of Covenant, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. Statement of Covenants Affecting Land Development Relinquishing Access Rights Tract No.6153 Page 6 DATED: CC'7'-o a:310`2-01:2 CITY OF FRESNO, COVENANTOR a Municipal Corporation COPPER RIVER RANCH VILLAGES, LLC, Development& Resource Management A California Limited Liability Company Department Jennifer K. Clark, Director By: By: / Je nif K. Clark, Director G ' Donald, President APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney r By: Maryterman-Doidge uty City Attorney Date: U 4 -7 ,u (Attach Notary Acknowledgment) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document CLERK'S CERTIFICATION State of California ) County of Fresno ) On October 31, 2017 before me, Jacquelyn Vasquez, Deputy City Clerk, personally appeared, Jennifer K. Clark, Director, Development and Resource Management Department (DARM) of the City of Fresno, who proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), 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 YVONNE SPENCE, CMC y OF FRCS City Clerk, City of Fresno k o Z . 09 �o t f n4rf0 OCT. By j Depth ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Fresno ) On October 2, 2017 before me, Andrea A. McFadden, Notary Public (insert name and title of the officer) personally appeared Gary McDonald who proved to me on the basis of satisfactory evidence to be the persop,(,t) whose name,(,✓;) ism subscribed to the within instrument and acknowledged to me that he/s,hiVmay executed the same in his/ldr/to&r authorized capacity,�6s), and that by his/ham/�idir signatureX on the instrument the personV,, or the entity upon behalf of which the personX 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. ANDREA A. MCFADDEN 11 COMM. #2056411 z Notary Public-California ZFresno County , Comm.Expires Jan.31 2018 Signatur� A.,' ` (Seal)