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Home My WebLink AboutT-3798 - Agreement/Covenant - 6/30/2006 (2) L .. . .. • 4 " 860011' 3 RECORDED IN OFFICIAL RECORDS OF FRESNO COUNTY, CALIFORNIA, Reoordin0 requesi,&C by PAST... City Clerk,Fresno,Califorrmis .... ATMIN. No Fee•Oovt.Coda 6109 JUN - 3 1886 Return to My Clark,Fresno - GALLN LARSON, FEE County Recorder $ -------------------SPACE ABOVE FOR RECORDER' S USE------------------- STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT (Rezoning Application No. 7620) RECITALS A. GRUPE DEVELOPMENT COMPANY-NORTHERN CALIFORNIA, a California Corporation, hereinafter referred to as "the Covenantor, " is the owner of that certain real property in the City of Fresno, County of Fresno, State of California , hereinafter referred to as "the Subject Property" and more particularly described as follows . That portion of Lot 6 of Tract 3627, Woodward Lake, in the City of Fresno. County of Fresno. State of California, according to the map thereof recorded in Volume 43 of Plats, at Pages 3 through 9, Fresno County Records, described as follows: BEGINNING at the Southeast corner of said Lot 6; thence North 130 39 ' 17" East, along the Easterly line of said Lot 6, a distance of 195 . 37 feet to the point of curvature of a curve concave Westerly with a radius of 1155.00 feet; thence Northerly along said curve, along the Easterly line of said Lot 6, through a central angle of 180 23 ' 17" and an arc length of 370. 68 feet to the point of tangency; thence North 040 44 ' 00" West, along the Easterly line of said Lot 6, a distance of 68.53 feet to the TRUE POINT OF BEGINNING; Thence South 850 16 ' 00" West, a distance of 108 . 13 feet to a point on a curve concave to the Southwest with a radius of 47.00 feet (a radial through said curve bears South 81" 03 ' 55" West) ; thence Northerly, Northwesterly, and Westerly along said curve through a central angle of 970 31 ' 29" and an arc length of 80.00 feet; thence North 040 14 ' 20" East, a distance of 115.18 feet to a point on a curve concave to the North with a radius of 2371.00 feet (a radial through said point bears North 010 04 ' 31" West) ; thence Easterly along said curve of along the Northerly line of said Lot 6, through a central angle of 030 20' 06" and an arc length of 138.01 feet; thence South 480 25 ' 17" East, along the Northeasterly line of said Lot 6, a distance of 13 . 83 feet to a point off a curve concave to the East with a radius of 995.00 feet (a radial through said point bears North 870 39 ' 50" East) ; thence Southerly along said curve, along the Easterly line of said Lot 6, through a central angle of 020 23 ' 50" and an arc length of 41. 63 feet to the point of tangency; thence South 040 44 ' 00" East, along the Easterly line of said Lot 6, a distance of 99. 93 feet to the TRUE POINT OF BEGINNING. 860 u1173 B. The Covenantor has applied to the City of Fresno for a district amendment changing the AE-5/UGM Zone District classification to the R-P/UGM/cz Zone District classification for the Subject Property. C. The City of Fresno desires to obtain covenants from the Covenantor to insure that the Subject Property is not developed, used, or maintained in such a way as to adversely affect adjoining properties. COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantor ' s application for an amendment to the Zone District classification of the Subject Property as referred to hereinabove, the Covenantor hereby covenants that the Subject Property shall be held, conveyed, encumbered, used , occupied, developed, maintained, and improved subject to the following covenants, conditions, and restrictions, which are for the purpose of enhancing attractiveness, usefulness, value, and desirability of the Subject Property, the surrounding property, and the public at large and to minimize possible adverse effects on the public health, safety, peace, and general welfare. Each of the covenants, conditions, and restrictions contained in this Statement will run with the Subject Property and shall be binding on each successive owner of the Subject Property and his heirs, administrators, successors, and assigns . 1. Covenantor hereby covenants as follows: A. A single family home shall be constructed on Lot 54 of Tract No. 3798 (Phase II of Tentative Tract No. 3779) , to be used as project offices until no longer needed, at which time the home/office is to be sold as a residence. B. A parking . lot shall be constructed on Lot 55 of Tract No. 3798 , including appropriate landscape screening, with access to the parking lot permitted only from Westshore Drive which is the internal collector street for the planned community. �i, C. There shall be no pedestrian- or vehicular access to the project offices from the interior of Tract No. 3798 (from North Pheasant Run Drive) . , D. Attractive landscaping (appropriate for the residential neighborhood) and a pedestrian barrier shall be installed along the North Pheasant Run Drive frontage of Lots 54 and 55 of Tract No. 3798 . -2- 866611'73 E. The Covenantor shall provide prior to sale to the buyers of lots located within 100 feet of Lots 54 and 55 of Tract No. 3798, a written statement disclosing the fact that these two lots of the tract are to be developed with the project offices until such time as the project offices are no longer needed. The Covenantor shall also install the proposed fencing around proposed Lots 54 and 55 of Tract No. 3798 and shall post a sign on these two lots indicating their intended use as project offices, prior to the sale of any lots located within 100 feet of the subject lots. F. The Covenantor shall file a request to rezone Lots 54 and 55 of Tract No. 3798 to the R-1/UGM zone district when the use of these lots as project offices is discontinued . 2 . The conditions of this Statement are intended to benefit the public and public properties. Accordingly, the City of Fresno shall have the right to enforce this Statement by any legal or equitable means against the Covenantor and such person or persons in actual possession of Subject Property who directly or who through any agent violate the terms hereof . All obligations of the Covenantor under this Statement shall inure solely to the benefit of the City of Fresno. There are no third party beneficiaries of said obligations nor shall the right of the City of Fresno be transferrable in� any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. 3 . Covenantor covenants that, in the event of failure to comply with the conditions set forth in this Statement, Covenantor will not object to the redistricting of the Subject Property to a land use zoning district which the Council of the City of Fresno determines is proper without compliance with such conditions, and in such event, Covenantor waives any right to have any uses or improvements, installed subsequently to the change of land use zoning district herein requested, considered, or treated as not conforming uses or improvements after such redistricting. 4 . The foregoing conditions shall remain in full force and effect until such time as the City of Fresno, pursuant to the district amendment procedure of the Fresno Municipal Code, finds the enforcement of such condition is no longer equitable. -3- 86061113 S . The provisions of this Statement shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof . Whenever the context of the statement so requires in interpreting this Statement , any gender includes the other genders, the singular includes the plural , and the plural includes the singular. DATED: 3 98 Accepted By: COVENANTOR CITY OF FRESNO, GRUPE DEVELOPMENT COMPANY-NORTHERN a Municipal Corporation CALIFORNIA, a California Corporatil QI , /d By '��Q • BY George A. Kerber, Director Ron ddington, Vice-P sident Development Department ATTEST: JACQUELINE L. RYLE City Clerk . , 1 o By h ,Q Deputy APPROVED AS TO FORM: JAMES A. McKELVEY City Attorney Byg 0'. J,,, — (Attach Notary Acknowledgment) GJH: :mv 525 /126 STATE OF CALIFORNIA COUNTY OF FRF.RNn )ss. m F On May 9, 1986 before me,the undersjgned,a Notary Public in and for said State,personally appeared RONALD S. ADDINGTON E personally known to me(or proved to me on the E a c basis of satisfactory evidence)to be the persons who executed the within instrument as a E Vice President 341Wx aFGrupe Develo men c 0 Company-Northern Californiaonbehalfof ru P p m u OFFICIAL 6EAL the corporation therein named,and acknowledged to me that -- g � such corporation executed the within instrument pursuant to its A► NOTARY CjA N��N PUBLIC-CALIFORNIA ( by-laws or a resolution of its board of directors.','.��' NOTARY COND FILED IN FRESNO COUNTY WITNESS my hand and official seal. Ca-rmai0a EXA April 14,1989 i N 1 .. O Y 0 2c.C.c.c� - Signatur (This area for official notarial seal) I m M O fG cY (ten ON �i H N O MI n Fl- N �, y U) o cn m LI) o -D a H CD p O � `\ fID N O C7 n n c< O N R M M N L1. ri CD r3. 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