HomeMy WebLinkAboutT-4801 - Agreement/Covenant - 8/16/2006 (4) r
CONFORM
COPY
02,08,2600,20000015275
ABOVE SPACE FOR RECORDER'S USE
P.W. File No. 10197 Development Department
City of Fresno
STATEMENT OF DISCLOSURE, NOTICE AND COVENANTS AFFECTING LAND
DEVELOPMENT - FOR RESTRICTIVE ACCESS FENCE, EXTERIOR COLOR AND
CONSTRUCTION MATERIALS OF BLUFF FACE LOTS FOR TRACT NO. 4801,
PHASE IV OF VESTING TENTATIVE TRACT NO. 4421
WHEREAS, PATRIOT HOMES - FRESNO IV, a 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 99 through 101, 105 through 108, 112 through 115, 123 through 126 and
136 through 139 inclusive, of Tract No. 4801 according tojbe map thereof
recorded in Volume of Plats at Pages � and _
Fresno Coun Records.
WHEREAS the Covenantor has submitted to the City of Fresno Vesting
Tentative Tract No.4421 which was approved with conditions by the Fresno City
Planning Commission on March 17, 1993 by the Resolution No. 10465; 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
Statement of Disclosure, Notice and Covenants
Final Tract No.4801, Phase IV of
Vesting Tentative Tract No. 4421
Page 2
subordinated to this instrument and all such instruments of Subordination, if any, are
attached hereto and made a part of this instrument; and
WHEREAS, Covenantor is required by the City as a condition of final map
approval to install and maintain the required fence for the purpose of restricting access
onto and across the river bluff face of Tract No. 4801; and to restrict exterior colors and
construction materials to those compatible with the natural bluff environment and with
the surrounding development as required by Section §12-243.7-C, of Fresno Municipal
Code; and to disclose that the BP-Bluff Preservation Overlay Zone District requires the
preparation and submittal of a Zone III Soils Study in accordance with FMC Section
§12-1022(e) that addresses the details of the configuration, location, type, loading and
drainage of the proposed structures of each lot and that special setbacks may be
required that will effect future development of said lots' rear yards within the bluff
influence area.
COVENANTS. CONDITIONS, AND RESTRICTIONS
For favorable action on, and approval of, the Covenantor's request that the City
of Fresno record the Final Map of Tract No. 4801, Phase IV of Vesting Tentative Tract
Map
No. 4421, 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
Statement of Disclosure, Notice and Covenants
Final Tract No.4801, Phase IV of
Vesting Tentative Tract No. 4421
Page 3
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.
NOW, THEREFORE, it is agreed:
1. The Covenantor shall be required to install a wrought iron fence for each
said lot that abut the San Joaquin River Bluff prior to final occupancy of each said lot
and notify each homebuyer through sales documents responsibility to perpetually
maintain the wrought iron fence to facilitate restricting access onto the river bluff face.
2. The Covenantor shall notify each homebuyer of all said lots through sales
...,..documents.of,.the,comenants restricting exterior colors and construction materials . .
those compatible with the natural bluff environment and with the surrounding
development pursuant to Section §12-243.0 of Fresno Municipal Code.
3. 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 the Subject Property who directly or who through any
agent violate the terms hereof. All obligations of the Covenantor under this Statement
Statement of Disclosure, Notice and Covenants
Final Tract No.4801, Phase IV of
Vesting Tentative Tract No. 4421
Page 4
shall insure 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 transferable
in any manner to any person other than to a successor municipal corporation whose
geographic boundaries include the Subject Property.
4. The foregoing conditions shall remain in full force and effect until such
time as compliance with this Covenant has been made and this Covenant is released in
writing by the Director of the Development Department of the City.
5. 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.
Statement of Disclosure, Notice and Covenants
Final Tract No.4801, Phase IV of
Vesting Tentative Tract No. 4421
Page 5
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: cevs,(Qr-
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
PATRIOT HOMES - FRESNO IV, LLC
a Limited Liability Company
By
AN n Solis, Director
Development Department
By:
David Schwartzman M pager
APPROVED AS TO FORM:
HILDA CANTO NTOY
Acting City orney
By (Attach Notary Acknowledgment)
Deputy
CLERICS CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
On December 20th) 1999, before me, -jocelyne Gueret , Deputy
personally appeared Nick Yovino, Deputy development Director for Alvin Solis
Directo
personally known to me (or provided to me on the basis of satisfactory evidence) to be
the persons(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(s) the person(s),
or the entity upon behalf of the CITY OF FRESNO of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
By
"DEP
LR:lr (11/09/1999)
FT4801 DN.DOC
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On ( cf before me, yA
personally appeared DQ 12 ( d SSC/"l U-4 RTL/77&JA
❑ personally known to me - OR - proved to me on the basis of satisfactory
evidence) to be the person(s) whose names Is re NOTARY STAMP OR SEAL
subscribed to the within instrument and
acknowledged o me thaht h he/they executed
the same i hi er/their authorized capacity(ies),
and that by is er/their signature(s) on theRNOTARYpUBUC-CALIFORNIA"
Katherine L.Mullikin
instrument the person(s), or the entity upon behalf LOSANLEOTof which the L03ANGELESCOUNTYpersons) acted, executed theCOMM,EXP.JUNE 1Z,2ooz
instrument.
WITNESS my hand and official seal
sIGNA 0 NO AHY
OPTIONAL.
The data below is not required by law, though it may prove valuable to persona reivim on the document and could prevent fraudulent
reattachment of this forth.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF DOCUMENT
TMFIZ1
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ TRUSTEE(S) NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ GUARDIAN/CONSERVATOR
❑ OTHER
DATE OF DOCUMENT
PERSON SIGNING IS REPRESENTING:
W" Of PERSONS)Oa EM MIESI
SIGNER(S) OTHER THAN NAMED ABOVE
Tract No. 4801
P.W. File No. 10197
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed
of Trust recorded on September 8, 1999, in the office of the Fresno County Recorder,
Document No. 19990133198 of which the Deed of Trust in by and between Patriot
Homes-Fresno IV, LLC, a Limited Liability Company as Trustor, Stewart Title of
California, Inc., a California Corporation, as Trustee and General Bank, a National
Bank, as Beneficiary, hereby expressly subordinates said Deed of Trust and its
beneficial interest thereto to the foregoing Statement of Disclosure, Notice and
Covenants Affecting Land Development for Restricting Access Fence for Tract No.
4801, Phase IV of Vesting Tentative Tract No. 4421/UGM 505.
DATED: December 3 19 99
BENEFICIARY
GENERAL BANK
a National Bank
By:
Eddie Chang, senior Vice President
By:
(Attach Notary Acknowledgement)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On December 3, 1999 before me, Anna Choi Lo, notary public
personally appeared EDDIE CHANG, SENIOR VICE PRESIDENT
®personally known to me - OR - ❑ 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.
WITNESS my hand and official s I.
aaa w
�, ,t iii
tiom
S AT E OF NOTARY my cairn �'20DI
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OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
® CORPORATE OFFICER
Senior Vice President Subordination
TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY IN FACT -1-
NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR 12/3/99
DATE OF DOCUMENT
❑ OTHER:
SIGNER IS REPRESENTING:
General Bank SIGNER(S) OTHER THAN NAMED ABOVE
Tract No. 480
P.W. File No. 1.0197
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed
of Trust recorded on October 23, 1998, in the office of the Fresno County Recorder,
Document No. 98155479 of which the Deed of Trust in by and between Patriot Homes
IV, LLC, a Limited Liability Company as Trustor, Central Title Company, a California
Corporation, as Trustee and MKA Capital Group, Inc., a California Corporation as
Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial
interest thereto to the foregoing Statement of Disclosure, Notice and Covenants
Affecting Land Development for Restricting Access Fence for Tract No. 4801, Phase IV
of Vesting Tentative Tract No. 4421/UGM 505.
DATED: ` Y , 19�
BENEFICIARY
MKA CAPITAL GROUP, INC.
a-California Corporation
By:
(Attach Notary Acknowledgement)
STATE OF CALIFORNIA }ss.
COUNTY OF
On M-0 V, --7C), /I n, before me,
personally appeared ' — A Aakq&&o2
personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/ftfe
subscribed to the within instrument and acknowledged to me that�gshoAhey executed the same
i i!iit� it authorized capacity(ies), and that byei3-AHe� signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
r �
Signature
O�RIA J.GARRIOTT
Commission#1092873
Notary Public—Carfomla
Orange County
My Comm.Expiles Mair 25.2000
(This area for official notarial seal)
Title of Document 12/i R c?/9Z) AIA 7-16QIV
Date of Document 1S�Y, a _� � No. of Pages
Other signatures not acknowledged
3008(1/94) (General)
First American Title Insurance Company