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Home My WebLink AboutT-5377 - Agreement/Covenant - 10/3/2006 (3) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 10/02/2006,20060210039 NO FEE -Government Code 6103 CITY OF FRESNO Planning and Development Department X P.W. File No. 10965 O LL Z 0 C� tt� IW STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE RESTRICTION OF SINGLE STORY HOMES FOR CERTAIN LOTS WITHIN TRACT NO. 5377 a STATEMENT OF COVENANTS Restriction of Single Story Homes Tract No. 5377 Page 2 RECITALS WHEREAS, CENTEX HOMES, a Nevada General Partnership, 1840 South Central Avenue,Visalia,California 93277,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 through 6, inclusive, of Tract No. 5377 according to the map thereof recorded on nC�abPf- , 20QJ,2_ in Volume �r? of Plats at Pages 5,3, SSBI 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. 12115 of the Fresno City Planning Commission conditionally approved Vesting Tentative Map of Tract No. 5377, hereinafter referred to as the"Tentative Map;" and WHEREAS, Pursuant to Resolution No. 12115 of the Fresno City Planning Commission, homes on lots 1 through 6 shall be limited to one story in height; and WHEREAS, the Covenantor has applied to the City of Fresno for a Final Map of Tract No. 5377, pursuant to the Tentative Map,to establish an 91-lot single-family residential subdivision; 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. STATEMENT OF COVENANTS Restriction of Single Story Homes Tract No. 5377 Page 3 COVENANTS, CONDITIONS, AND RESTRICTIONS Forfavorable action on and approval of the Covenantor's application forapproval 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 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 eftreement of such condition is no longer necessary. 4. The provisions of this Statement shall be deemed independent and severable and the STATEMENT OF COVENANTS Restriction of Single Story Homes Tract No. 5377 Page 4 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. 5377 Page 5 DATED: '03/6e CITY OF FRESNO, COVENANTOR a Municipal Corporation CENTEX HOMES, a Nevada General Partnership By: By: Centex Real Estate Corporation, c Pryovino, Director a Nevada Corporation, PlanVg g & Development Department as Managing General Partner By: Scott Travis, Division Controller APPROVED AS TO FORM: Central Valley Division JAMES C. SANCHEZ City Attorney (Attach Notary Acknowledgments) { By. 1 Deputy STATE OF CALIFORNIA ) ss. COUNTY OF TULARE ) On June 30, 2006,before me, V C Patton,Notary Public, Personally appeared Scott Travis 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 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. Signature Vj��6hj2�2vC.wv�oN COMMMM#161397 Notary Publlc-Cdbmlo U"courov 1%7MVCOnVM Nov 21,1 (SEAL) 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 By Deputy