HomeMy WebLinkAboutT-5196 - Agreement/Covenant - 4/4/2006 (4) WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
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0311311006110060059697
C) NO FEE -Government Code 6103
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O c- CITY OF FRESNO Z p�„) Planning and Development Department
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U P.W. File No. 10758
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR THE RESTRICTION OF SINGLE STORY
HOMES FOR CERTAIN LOTS WITHIN TRACT NO. 5196
STATEMENT OF COVENANTS
Restriction of Single Story Homes
Tract No. 5196
Page 2
RECITALS
WHEREAS, LENNAR FRESNO,INC.,a California Corporation,700 NW 107"Avenue,
Suite 400, Miami, Florida 33172, 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:
Lots 1 through 8, inclusive, of Tract No. 5196 according to the map thereof
recorded on Mn rc h 23 , 20p(g in Volume 75- of Plats
at Pages 4� t 69 , 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, Resolution No. 12041 of the Fresno City Planning Commission conditionally
approved Vesting Tentative Map of Tract No. 5196, hereinafter referred to as the"Tentative Map;"
and
WHEREAS, East Kings Canyon Road(State Route 180), hereinafter referred to as"State
Route 180," abuts the north boundary of the Tentative Map and has been determined to be a
significant source of noise which can disrupt the habitability of a residential area; and
WHEREAS, a condition of approval of the Tentative Map requires the Covenantor to
achieve compliance with the 45 dB DNL interior noise level requirement of the City of Fresno for
all lots of the Tentative Map adjacent to State Route 180; and
WHEREAS, the Covenantor has applied to the City of Fresno for a Final Map of Tract
No.5196,pursuant to the Tentative Map,to establish an 82-lot single-family residential subdivision;
STATEMENT OF COVENANTS
Restriction of Single Story Homes
Tract No. 5196
Page 3
and
WHEREAS, to achieve compliance with said the 45 dB DNL interior noise level
requirement of the City of Fresno, requires the restriction of the dwellings adjacent to State Route
180 to be constructed to one-story in height, and
WHEREAS,the City of Fresno desires to obtain covenants from the Covenantor to insure
that the Subject Property is developed in conformance with the provisions of the Tentative Map and
to mitigate noise levels to meet State and local standards.
COVENANTS. CONDITIONS, AND RESTRICTIONS
For favorable action on and approval of the Covenantors application for approval of said Final Map,
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 to only construct single-story dwellings on the Subjec
Property.
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
STATEMENT OF COVENANTS
Restriction of Single Story Homes
Tract No. 5196
Page 4
of the Covenantor under this Statement shall inure solely to the benefit of the City of Fresno. There
are no third party beneficiaries of such 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.
3. 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 necessary.
4. 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 so requires,
any gender includes the other genders, the singular includes the plural, and the plural includes the
singular.
ti
STATEMENT OF COVENANTS
Restriction of Single Story Homes
Tract No. 5196
Page 5
DATED: 10 �4 XP
CITY OF FRESNO, COVENANTOR
a Municipal Corporation LENNAR FRES O, INC.,
a CalifoZLun
oration
BytPlning
By:
ino, Director SteVice President
Development Department
(Attach Notary Acknowledgments)
APPROVED AS TO FORM:
Hilda Cantu Montoy
City Attorney
By:
Deputy
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA }
COUNTY OF Fresno }
On February 23, 2006 before me, Tauna Rothermel, Notary Public ,
personally appeared
STEVE LUTTON
(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
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), an 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.
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WITNESS my hand and official TALINA
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(NOTARY SEAL)
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CLERK'S CERTIFICATION
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State of California)
County of Fresno)
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On March 15, 2006, before me, Elvia Sommerville, Deputy City Clerk, personally
appeared, Nick P.Yovino, Planning and Development Director, 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 be 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 seal.
REBECCA E. KLISCH
CITY CLERK, CMC
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By �y ra.J
Deputy
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