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Home My WebLink AboutT-5235 - Agreement/Covenant - 12/13/2005 (5) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno street 12/12/2005,20050289955 Fresno, CA 93721-3603 i u- Z ® NO FEE - Government Code 6103 Lli CITY OF FRESNO LPlanning and Development Department Planning Division STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT RELINQUISHING ACCESS RIGHTS FOR CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 5235 II., Statement of Covenants Affecting Land Development Relinquishment of Access Rights Certain Lots Within Tract No. 5235 Page 2 RECITALS WHEREAS, KB HOME SOUTH BAY INC.,a California Corporation, 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 and by this reference made a part of this Statement of Covenants: Lots 59, 60, 61, 68, 69, 79, 80, 94, 95, 96, 141, 142, 151, 152, 153, 155, 156, 157, 161, 162, 171, 172, 173, and 179 of Tract No. 5235 according to the map thereof recorded on l" Sr_ ber / _ , 2005_ in Volume 9 of Plats at Page(s) qr Alrru .1(x(0 , 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, Tentative Map No. 5235(Tentative Map)was approved with conditions by the Fresno City Planning Commission on April 21, 2004; and WHEREAS, the conditions of approval of said Tentative Map require the relinquishment of access rights to the Central Canal No. 23 (Fancher Creek canal) and the multi-purpose trail paralleling Fancher Creek (Outlots.A and B of said Tract No. 5235) for the abutting lots; and WHEREAS, the Covenantor requests the City of Fresno to approve the Final Map of Tract No. 5235 subject to the relinquishment of access rights for the Subject Property. Statement of Covenants Affecting Land Development Relinquishment of Access Rights Certain Lots Within Tract No. 5235 Page 3 COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of the Covenantor's request, 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) Covenantor relinquishes access rights from the Subject Property to and from the boundary of the Subject Property which abut the Fancher Creek canal and the multi- purpose trail paralleling the Fancher Creek canal (Outlots A and B of said Tract No. 5235). (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 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 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 Statement of Covenants Affecting Land Development Relinquishment of Access Rights Certain Lots Within Tract No. 5235 Page 4 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 conditions and obligations of this covenant shall remain in full force and effect until such time as the City of Fresno, Planning and development Director issues a written release of such conditions and obligations and records such release in writing with the Fresno County Recorder. 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 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 Affecting Land Development Relinquishment of Access Rights Certain Lots Within Tract No. 5235 Page 5 DATED. CITY OF FRESNO, COVENANTOR a Municipal Corporation KB HOME SOUTH BAY INC., a California Corporati n By By: C�'vV jPlanni ovino, Director P.A. Dent III, Senior Vice President andDevelopment Department APPROVED AS TO FORM: (Attach Notary Acknowledgment) HILDA CANTO MONTOY City Attorney By: Deputy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Alamed A ss. On .be1.1r, , before me, yam- Ye6&Ip7s Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared L&U- Name(s)of Signer(s) ersonally known to me ❑ proved to me on the basis of satisfactory evidence SARA L ROOM to be the person(s) whose name(s) is/are subscribed COMMUM#1546469 to the within instrument and acknowledged to me that L4P1MVCoMM.bMk%Jan22,2M_F NotaryPubYa-Caftfnlo he/she/they executed the same in his/her/their Alomedo County 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. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Descrip ' of Attached Document Title or Type o ument: _ Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: igner's Name: ❑ Individual ❑ ividual ❑ Corporate Officer—Title(s): ❑ Corp to Officer—Title(s): ❑ Partner—❑ Limited ❑ General - _ Partner— Limited ED ❑ Attorneyin Fact -- ❑ Attorney in Fa Top of thumb here y Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservato ❑ Other: ❑ Other: Signer Is Representing: Signer is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 t CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On 2, a 0 05_ , before me, personally appeared ''a�-Ch, P_ 4100-ti o,, 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, CMC CITY CLERK*7,.N ',",°`''',-frFr r By K:\jonb\Map docs\Final Maps\FM 5235\T-5235 Sub Docs\T-5235 Covenant Relinquishment of Access Aights.wpd