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Home My WebLink AboutT-5341 - Agreement/Covenant - 8/16/2016 (4) 6 Ri;eoaO/NG zr-4ut_;�srfn WHEN RECORDED MAIL TO: IIII III I IIII II II II IIII III II k 1�Illfl I IIII I�III�I II FRESNO County Recorder City Clerk i Paul Dictos, C,P,A, City of Fresno DDC— 2016-0104231 2600 Fresno Street Acct 55-First American Fresno ER Fresno, Ca 93721-3603 Wednesday, AUG 10, 2016 08:00:00 Tt 1 Pd $0,00 Rcpt # 0004588860 RGR/R4/1-7 No Fee-Govt. Code 6103 CITY OF FRESNO Public Works Department P.W. File No. 11292 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR AN IRREVOCABLE OFFER OF DEDICATION FOR NORTH HORNET AVENUE WITHIN THE FINAL MAP OF TRACT NO. 5341 Statement of Covenants Irrevocable Offer of Dedication for Tract No. 5341 Page 2 WHEREAS, UCP MEADOWOOD III, LLC, a Delaware Limited Liability Company, 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- Lots 141, 142, 143 and 144 and Outlot A of the Final Map of Tract No. 5341 according to the map thereof recorded on AuagsE /D. .20/4 in Volume of Plats at Page(s) 2�( resF) no County Records; 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 that all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and WHEREAS, Covenantor has filed with the City of Fresno, Vesting Tentative Map No. 5341 which was approved by the Fresno City Planning Commission on May 16, 2007, hereinafter referred to as the "Tentative Map" and incorporated into this Statement by this reference; and WHEREAS, a condition of approval for the Tentative Map requires future consideration by the City to accept a public street easement of North Hornet Avenue over the Subject Property when the temporary storm drainage facilities on the Subject Property are no longer required; and WHEREAS, the Covenantor and the City of Fresno desire to enter into an agreement providing for the future acceptance of such public street easement on the Subject Property. COVENANTS, CONDITIONS, AND RESTRICTIONS 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, desirability, and safety of the Subject Property, the surrounding property, and , t Statement of Covenants Irrevocable Offer of Dedication for Tract No. 5341 Page 3 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 shall run with the subject property and shall be binding-upon and inure to the benefit of each successive owner of the Subject Property and his heirs, successors, and assigns. 1. The Covenantor grants to the City of Fresno, an irrevocable offer of dedication for a public street easement as shown as North Hornet Avenue on, over and under the Subject Property and agrees such offer is to continue in effect until such time as the City either accepts the - dedication or terminates the offer by summary vacation. 2. The work shall be constructed pursuant to any necessary permit issued by the Public Works Department. 3. The temporary storm drainage facilities shall be abandoned in accordance with Public Works Department codes and policies prior to the completion and acceptance of the street improvements for North Hornet Avenue within the limits of the Subject Property. 4. This Statement shall in no way be construed as a grant by the City of Fresno of any rights to the Covenantor to trespass upon land rightfully in the possession of, or owned by another, whether such land be privately or publicly owned. 5. It is the intention hereof that this document shall constitute a covenant in favor of the City of Fresno and shall run with the land and be binding upon the undersigned, its grantees, heirs, and successors and assigns. 6. The foregoing conditions shall remain in full force and effect until such time as the Director of the Public Works Department issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 7. The provisions of this Statement of Covenants 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 provision thereof. Whenever the context of the Statement of Covenants so requires, in interpreting this Statement of Covenants, Statement of Covenants Irrevocable Offer of Dedication for Tract No. 5341 Page 4 any gender includes the other genders,the singular includes the plural, and the plural includes the singular. a. If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Statement of Covenant, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Statement of Covenant, "attorneys'fees"and "legal expenses" include, without limitation, paralegals' fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party's attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as "attorneys' fees" or as "costs" under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys' fees. 9. The waiver by either party of a breach by the other of any provision of this Statement of Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Statement of Covenant. No provisions of this Statement of Covenant may be waived unless in writing and signed by all parties to this Covenant. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. Statement of Covenants Irrevocable Offer of Dedication for Tract No. 5341 Page 5 DATED: UL y CITY OF FRESNO, COVENANTOR a Municipal Corporation UCP MEADOWOOD III, LLC, Public Works Department A Delaware Limited Liability Company Scott Mozier, P.E., Director By: UCP, LLC, A Delaware Limited Liability Company Its Sole Member By: By: Andrew J. B Ili, P.E., Assistant Director James E. Jimison, Division President Central Valley Division APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Ma aterman-Doidge D uty City Attorney / (Attach Notary Acknowledgment) Date:— (J//0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Fresno On June 14, 2016 before me, Patricia L. Gavello, Notary Public, personally appeared James E. Jimison, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. F � PATRICIA L.GAVELLO WITNESS my hand and official seal. NOTARY PUBLIC-CALIFORNIA m COMMISSION#2042394 a r FRESNO COUNTY My Comm.Exp.October 8,2017+ ' �o Signature of Notary Public A notary publicor other officer completing this certificate verifies only the identity of the individual who signed the document to which this . certificate is attached, and not the truthfulness, accuracy, or validity of that CLERK'S CERTIFICATION State of California ) County of Fresno ) On July 5, 2016 before me, Cindy J. Bruer, Deputy City Clerk, personally appeared, Andrew J. Benelli, Assistant Director of the Public Works Department of the City of Fresno, who 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 the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the -State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal YVONNE SPENCE, CMC City Clerk, City of Fresno r OF FREs� By 4 0 eputy �� 10 R'rED OOt