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Home My WebLink AboutT-5310 - Agreement/Covenant - 8/2/2005 (5) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 061�91Z005,10050144667 NO FEE- Government Code 6103 CITY OF FRESNO ® Planning and Development Department LLz ® P.W. File No. 10701 U ua t/) LU -A CL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE RESTRICTION OF SINGLE STORY HOMES FOR CERTAIN LOTS WITHIN TRACT NO. 5310 STATEMENT OF COVENANTS Restriction of Single Story Homes Tract No. 5310 Page 2 RECITALS WHEREAS, LENNAR FRESNO, Inc., a California Corporation, 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 80 through 87, inclusive, of Tract No. 5310 according to the map thereof recorded on June, df , 20bS in Volume 7;L of Plats at Pages $4 t 90 , 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. 12032 of the Fresno City Planning Commission conditionally approved Vesting Tentative Map of Tract No.5310, hereinafter referred to as the`Tentative Map;" and WHEREAS, a condition of approval of the Tentative Map requires the Covenantor to develop the Subject Property (the 8-lots abutting County Tract No. 1612) with single-story single- family residences; and WHEREAS, the Covenantor has applied to the City of Fresno for a Final Map of Tract No. 5310, pursuant to the Tentative Map,to establish a 89-lot single-family residential subdivision; and ;r STATEMENT OF COVENANTS Restriction of Single Story Homes Tract No. 5310 Page 3 WHEREAS,the City of Fresno desires to obtain covenants from the Covenantorto insure that the Subject Property is developed in conformance with the provisions of the Tentative Map. 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 single-family residences on 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 STATEMENT OF COVENANTS Restriction of Single Story Homes Tract No. 5310 Page 4 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. STATEMENT OF COVENANTS Restriction of Single Story Homes Tract No. 5310 Page 5 DATED: UNE �I Zo4S CITY OF FRESNO, COVENANTOR a Municipal Corporation LENNAR FRE NO, Inc., a California rporation By: By: is Yovino, Director Steve Lutton, Vice President PI V ng & Development Department APPROVED AS TO FORM: (Attach Notary Acknowledgments) Hilda Cantu Montoy City Attorney By: Deputy ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF Fresno } On April 8, 2005 before me, Tauna Rothermel , personally appeared STEVE LUTTON 0 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persons) 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. TAUNA ROTHERMEL Cammisslan*1351179 Z WITNESS my hand and official seal. NofarYPubjic- Calgornia Fano County �'Comm.Mies Apr 13,2006 r Sig�a re ` (NOTARYSEAL) CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On June 10, 2005, before me, Erika Leyva; Deputy City Clerk, personally appeared Nick P. Yovino,Director Planning and Development Department,known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) 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 City Seal REBECCA`E K_LISCHf CITY CIsER(f� By 7;4