Loading...
HomeMy WebLinkAboutT-5358 - Agreement/Covenant - 7/15/2013 (5) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 01!1512013,20130098612 NO FEE -Government Code 6103 O Public Works Department LLZ Q U LU w J a STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROHIBITING CURBSIDE PARKING FOR CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 5358 STATEMENT OF COVENANTS Prohibiting Parking Tract No. 5358 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 85 and 86 of the Final Map of Tract No. 5358 according to the map thereof recorded on 7 1v /S , •20/3 in Volume!,3 of Plats at Page(s) o?S -.21Fresno 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, the Fresno City Planning Commission on November 16, 2005 adopted Resolution No. 12351 conditionally approving Vesting Tentative Map No. 5358/UGM, hereinafter referred to as the "Tentative Map;" and WHEREAS, the Public Works Department determined that adequate visibility must be provided and maintained at North Riverside Drive and West Spruce Avenue; and WHEREAS, a condition of approval of the Tentative Map requires the prohibition of curbside parking on the southerly 150 feet of North Riverside Drive north of West Spruce Avenue and that this prohibition be disclosed to potential buyers; and WHEREAS, the Covenantor has filed with the City of Fresno a Final Map of Tract No. 5358, pursuant to said Tentative Map, for approval and recording. STATEMENT OF COVENANTS Prohibiting Parking Tract No. 5358 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 of Covenants 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 acknowledges that: (a) curbside parking is prohibited on the southerly 150 of North Riverside Drive north of West Spruce Avenue, and (b) that the Subject Property is situated within such southerly 150 feet of North Riverside Drive north of West Spruce Avenue. 2. The conditions of this Statement of Covenants are intended to benefit the public and public properties. Accordingly, the City of Fresno shall have the right to enforce this Statement of Covenants 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 of Covenants 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 Public Works Department Director issues a written release of such conditions and obligations STATEMENT OF COVENANTS Prohibiting Parking Tract No. 5358 Page 4 and records such release with the Fresno County Recorder. 4. 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. 5. 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. 6. 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 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 Prohibiting Parking Tract No. 5358 Page 5 DATED: UH r- 2), 2101.T CITY OF FRESNO, COVENANTOR a Municipal Corporation Lennar Fresno, Inc., Public Works Department a California Corporation Patrick Wiemiller, Director By: By: Scott Mozier, P.E., Assistant Director Mikle Miller, President _ t APPROVED AS TO FORM: DOUGLAS T. SLO City Attorney C By. -talia Iluri-Barbick Deputy City Attorney Date: (I Z(,o // (Attach Notary Acknowledgments) CLERK'S CERTIFICATION State of California) County of Fresno ) On June 28, 2013, before me, Cindy Bruer, Deputy City Clerk, personally appeared Patrick Weimiller, Public Works Director 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 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), acted, executed the instrument. I certify under PENALTY OR 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 Byc7 v i r De uty 10 %" �f Fri;QC• OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE Acknowledgment State of California ) County of Fresno ) On �o before me, Christine Collins, Notary Public , personally appeared 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. tj;&�-�NCHRISTINE COLLINS No ublic Signature COMM.*1959663 Z NOTARY PUBLIC•CALIFORNIA A FRESNO COUNTY COMM.UP.NOV.7,2015 ADDITIONAL INFORMATION DOCUMENT INFORMATION Document Date Number of Pages TYPE OF IDENTIFICATION [ ] Satisfactory Evidence — identification card [ ] One Credible Witness acknowledging identity of principal [ ] Two Credible Witnesses acknowledging identity of principal Copyright© 1994, All Rights Reserved, California School of Notary Public,Inc.