HomeMy WebLinkAboutT-5000 - Agreement/Covenant - 8/15/2006 (2) w
12/31/2002,20020237831
Plr:X�rt CONFORM
PACE FOR RECORER $ USE.ONLUESAY
J.A.File:1495 E. Carlyle Way CITY of FRESNO
P.W. File No. 10424 Planning & Development Department
Planning Division
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
PROPERTY ABUTTING THE FORT WASHINGTON GOLF
AND COUNTRY CLUB (FINAL MAP OF TRACT 5000)
RECITALS
WHEREAS, Country Club Development at the Fort, LLC, a California Limited Liability
Company, 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, hereafter referred to
as the "Subject Property" and more particularly described as follows and by this reference
made part of this Statement of Covenants:
Lots 1 through 17 of Tract No. 5000 recorded in Volume �_ of Plats,
Pages Ifl , and , Fresno County Records, Fresno County; and
WHEREAS, Covenantor hereby warrants that any and all parties having record title
interest in the Subject Property, which may ripen into a fee, have subordinated to this
instrument and all such instruments of Subordination, if any, are attached hereto and
made a part of this instrument, hereinafter referred to as the "statement"; and
Statement of Covenants
Acknowledging Golf and Country Club Operations
Page 2
WHEREAS, the Fresno City Planning Commission, adopted Resolution No. 11665, on
January 2, 2002, including modification No. 14a, attached hereto as Exhibit A, approving
Vesting Tentative Map No. 5000, subject to the Development Department Conditions of
Approval dated December 19, 2001, incorporated into this statement by this reference;
and
WHEREAS, said modification No. 14a, requires that Covenantor acknowledge that the
Subject Property abuts the Fort Washington Golf and Country Club and the potential
danger from errant golf balls entering the Subject Property, and requires the Covenantor
to include appropriate language in the deed restrictions for the Subject Property.
COVENANTS, CONDITIONS, AND RESTRICTIONS
NOW, THEREFORE, the Covenantor hereby covenants as follows:
1. That it is understood by the Covenantors that the Subject Property abuts Fort
Washington Golf and Country Club located at 102727 North Millbrook Avenue,
and that the operation of the Fort Washington Golf and Country Club exposes the
Subject Property to the potential danger from errant golf balls entering the Subject
Property.
r
Statement of Covenants
Acknowledging Golf and Country Club Operations
Page 3
2. The Covenantors shall include language in the deed restrictions for the Subject
Property to comply with said modification No. 14a.
3. Each of the covenants, conditions, and restrictions contained in this Statement
shall run with the Subject Property and shall be binding upon each successive owner of
the Subject Property, heirs, representatives, successors and assignees.
4. 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. All obligations of the Covenantor in 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 transferable in any manner to
any person other than to a successor municipal corporation whose geographic boundaries
include the Subject Property.
5. The conditions and obligations of this Statement for the Subject Property, shall
remain in full force force and effect until such time that the Planning and Development
Director issues a written release of such conditions and obligations, and records said
release with the Fresno County Recorder.
Statement of Covenants
Acknowledging Golf and Country Club Operations
Page 4
6. 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 one provisions hereof.
Whenever the context of the Statement so requires, in interpreting this Statement, any
gender includes the other genders, the singular includes the plural, and the plural includes
the singular.
///
Statement of Covenants
Acknowledging Golf and Country Club Operations
Page 5
DATED: Z'ZO 'O Z_
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
Country Club Development at the Fort,
LLC
a California Limited Liability Company
By:
ovino, Director
PI ti
& Development Department By: Lennar Fresno, Inc.,
By:
a nia Cor oration, Member
APPROVED AS TO FORM:
HILDA CANTU MONTO Steve Lutton, Vice-President
City Attorney
By: By: Omega Developers, L.L.C.,
Deputy a Caffgrnia Limited Liability
ny, Member
6ZL. McDonald, Member
(Attach Notary Acknowledgment)
STATE OF CALIFORNIA
COUNTY OF FRESNO
On & 13, Q1XX before me, Darlene Lemons, Notary Public, personally appeared
&�at(
❑personally known to me
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 acknowledge
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 seal.
DARLENE LEMONS
U COMM.#1310848 Q
(�
NOTARY PUBLIC-CALIFORNIA 0
Da ne Lemons I.. FRESNO COUNTY j
My Comm.&Oita Jura 26,2006
Title or Type of Document:% L(
Date of Document:
STATE OF CALIFORNIA
COUNTY OF FRESNO
On a V 13{ before me, Darlene Lemons, Notary Public, personally appeared
L
personally known to me
❑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 acknowledge
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 seal.
DAl LENE LEMONS-
U COMM.#1310846
TARY PUBLIC-CALIFORNIA 0
NO
U FRESNO COUNTY
ba—Rene Lemons I My Comm.Explree June 26,1004
�9v_tn�L
Title or Type of Document: �-t' fflea�-'
AA ,,
Date of Document: I've O�
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain
Deed of Trust recorded on March 29, 2002 , in the office of the Fresno County Recorder
as Instrument No. 2002-0052921 of which the Deed of Trust in by and between Country
Club Development at the Fort, LLC, a California Limited Liability Company , as Trustor,
Fidelity National Title Company , as Trustee, and Housing Capital Company, a
Minnesota Partnership, as Beneficiary, hereby expressly subordinates said Deed of
Trust and its beneficial interest thereto to the foregoing Agreement (For Early Issuance
of Building Permit)for Tract No. 5000 .
DATED: 120
BENEFICIARY
By: /
v. �° Nv�s 5 (Alf (TAL 7
�°w-aS G. w L, ,cr4
Thomas G. Walker, Vice President
BY:
STATE OF CALIFORNIA
COUNTY OF FRESNO
On j "0-1 before me, Darlene Lemons, Notary Public, personally appeared
Th Drums s 6.
)91 personally known to me
❑proved to me on the basis of satisfactory evidence
to be the person(s)whose name(s)Ware subscribed to the within instrument and acknowledge
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 seal.
�DARLENE LEMONS
V comm.#1310646 ^
U NOTARY PUBLIC.CALIFORNIA"
Otirl6ne Lemons F- FRESNO COUNTY 0
MY Comm.Expires June 25,2005-1
Title or Type of Document: 5 �
Date of Document: tj 0✓ I a, d
CITY CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On Zk 30 , 2002 before me, aBee(-B .E /sciY
personally appeared Nick P. Yovino
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(s), the person(s) on 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"Y