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Home My WebLink AboutT-5358 - Agreement/Covenant - 7/15/2013 (6) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 07/15/2013 20130098616 NO FEE -Government Code 6103 cc CITY OF FRESNO 0 Development& Resource Management Department Z 0 U W U7 a W .J a STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT RELINQUISHING ACCESS RIGHTS FOR CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 5358 Statement of Covenants Affecting Land Development Relinquishing Access Rights 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 86, 123, 124, 126, 187, 196, 197, and 211 and Outlots C, D, I and J of the Final Map of Tract No. 5358 according to the map thereof recorded on ,ay 1!4 1 5 in Volume&S of Plats at Page(s) 2E 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. 5358 (Tentative Map)was approved with conditions by the Fresno City Planning Commission on November 16, 2005; and WHEREAS, the conditions of approval of said Tentative Map require the relinquishment of access rights to Outlots C, D, I and J of Tract No. 5358, for the abutting lots; and WHEREAS, the Covenantor requests the City of Fresno to approve the Final Map of Tract No. 5358 subject to the relinquishment of access rights for the Subject Property; and 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, Statement of Covenants Affecting Land Development Relinquishing Access Rights Tract No. 5358 Page 3 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 to and from the boundary of said Lots 126 and 211 which abut said Outlot C. (b) ' Covenantor relinquishes access rights to and from the boundary of said Lots 86 and 187 which abut said Outlot D. (c) Covenantor relinquishes access rights to and from the west line of said Lot 196 and the east line of said Lot 197 which abut said Outlot I. (d) Covenantor relinquishes access rights to and from the south line of said Lot 123 and the north line of said Lot 124 which abut said Outlot J. (e) 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 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. Statement of Covenants Affecting Land Development Relinquishing Access Rights Tract No. 5358 Page 4 3. The conditions and obligations of this covenant shall remain in full force and effect until such time as the City of Fresno, Development and Resource Management Department Director issues a written release of such conditions and obligations and records such release in writing 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 one provisions hereof. Whenever the context of the Statement of Covenants so requires, in interpreting this Statement of Covenants,any gender includes the other genders, the singular includes the plural, and the plural includes the singular. Statement of Covenants Affecting Land Development Relinquishing Access Rights Tract No. 5358 Page 5 DATED: - z a 0:v--r COVENANTOR CITY OF FRESNO, a Municipal Corporation Lennar Fresno, Inc., a California Corporation Development& Resource Management Department By: 1-tw� By: Mark Scott, Interim Director Mike1 , residen :: APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney f" By:��. �-T6 is olluri-Barbic Deputy City Attorney Date: l� (Attach Notary Acknowledgment) CLERK'S CERTIFICATION State of California) County of Fresno ) On June 28, 2013, before me, Cindy Bruer, Deputy City Clerk, personally appeared Mark Scott, Interim Development and Resource Management 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 OF F04� By De uty ` `V OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE Acknowledgment State of California ) County of Fresno ) On before me, Christi/nee 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. i� CHRISTINE COLLINS No ai YubIic 9ignature COMM.#1959663 9 NOTARY PUBLIC•CALIFOMM n FRESNO COUNTY Comm. Exp.NOV.7,2015 ADDITIONAL INFORMATION DOCUMENT INFORMAI'ION 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 0 1994, All Rights Reserved,California School of Notary Public,Inc.