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HomeMy WebLinkAboutT-5300 - Agreement/Covenant - 8/15/2006 (5) • S WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 D a l 15 110 06,20 0601692 4 4 NO FEE- Government Code 6103 CITY OF FRESNO en Planning and Development Department w ME >—P.W. File No. 10861 O a. � O Z U O U STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE RESTRICTION OF SINGLE STORY HOMES FOR CERTAIN LOTS WITHIN FINAL MAP OF TRACT NO. 5300, PHASE 1 OF VESTING TENTATIVE MAP NO. 5300 K STATEMENT OF COVENANTS Restriction of Single Story Homes Tract No. 5300 Page 2 RECITALS WHEREAS, Grove Partners, 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, hereinafter referred to as the "Subject Property" and more particularly described as: Lots 1, 5, 6, 7, 8, 9, 10, 11 and 12 of Tract No. 5300 according to the map thereof recorded on 20QL- in Volume 76 of Plats at Pages 9 q 19,5- , 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. 12154 of the Fresno City Planning Commission conditionally approved Vesting Tentative Map of Tract No. 5300, hereinafter referred to as the"Tentative Map;" and WHEREAS, Said Resolution requires certain lots to be developed with single-family residential homes not to exceed 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. WHEREAS, the Covenantor has applied to the City of Fresno for a Final Map of Tract No. 5300, pursuant to the Tentative Map, to establish a 62-lot single-family residential subdivision; and STATEMENT OF COVENANTS Restriction of Single Story Homes Tract No. 5300 Page 3 COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on and approval of the Covenantor's 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 required certain lots of the Subject 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 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. STATEMENT OF COVENANTS Restriction of Single Story Homes Tract No. 5300 Page 4 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. STATEMENT OF COVENANTS Restriction of Single Story Homes Tract No. 5300 Page 5 DATED: D CITY OF FRESNO, COVENANTOR a Municipal Corporation GROVE PARTNERS, LLC a California Limited Liability Company By: Generation Homes, Inc. a California Corporation ( (C� Its Mana r By: 1 By: Ni vino, Director Robert .- Wood, President PlanninM Development Department APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: Deputy (Attach Notary Acknowledgments) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Qn�__ sYsrK ss� yrs c crc ccrcc<rc cccocccc cis c cry c rcccrc cx rrr�c�r�r�rs^Lr�r�s�c<�c� State of California County of Fyofty �/ 4t�ft,On 0 before me, J��4v PAIN IV,#Y�Wv Date tied Name and Title fficer(e.g.,"Jane D ,Notary Public") personally appeared � ✓l� L tied Name(s)of Signer(s) r /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 JEFFREY DAVIDKRUEGERwithin instrument and acknowledged to me that Canvy*aw*1645666 he/she/they executed the same in his/her/their authorized illlofty iRrblc COWOMM U* ca aci )es , and that b his/her/their signature(s) on the fr«rw courNr p tY(� ) Y &*Ccntin.60MIFeb14,'Ol4 instrument the person(s), or the entity upon behalf of I-9— M which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above _ddl��_ —,L�J 4 Sig a re of Nota Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons ging on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: �;1-,11,c:--"--c,c-1--c ,,,—.-c�,c-T1-�, ,CIeCMZ-:�1-�"ic:��Ti�%�:���-ti�-4:��,�T.c-4;{;c{:«;C:�;��.:.-A, =_« ©2006 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 Tract No. 5300/UGM P.W. File No. 10861 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on ,lug /$i 7,040 in the office of the Fresno County Recorder as Document No. of which the Deed of Trust in, by and between: as Trustor, Tflk- 4ivw , as Trustee, HS6+l��+•s � .�a�i�� , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for Restriction of Single-Story Homes for Certain Lots Within Tract No. 5300, Phase 1 of Vesting Tentative Map No. 5300. DATED: BENEFICIARY "o�s\�1cq C�RQIT�AL CoYrQAN`� I pr 'm�Ni�CS�[ '*9:CW__9*4 By: By: (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of_ On before me, .1>L�f'is•,� P.Avi�//�%ur� , ?A�tc Date Name and Title of Offi r(e.g.,"Jane Doe,Notiry Public") / personally appeared llrn�A (�� ,G/' Names)of Signer(s) 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 commmom �1� within instrument and acknowledged to me that ,I�itm1lDr1wDl16466 he/she/they executed the same in his/her/their authorized # Calcapacity(ies), and that by his/her/their signature(s) on the �Y tabic- NlwrMo From CU* instrument the person(s), or the entity upon behalf of M�Conrn�Ir�hb14�01 which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Z�� Sig ture of Not ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons re ying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ' ❑Attorney in Fact ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2006 National Notary Association•9350 De Solo Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6627 CLERK'S CERTIFICATION State of California) County of Fresno) On July 21, 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 a a By Deputy