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Home My WebLink AboutT-5446 - Agreement/Covenant - 8/31/2006 (3) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street 08/30/Z006,Z006018Z595 Fresno, CA 93721-3603 NO FEE-Government Code 6103 CITY OF FRESNO Planning and Development Department OC Planning Division O w Z O U W W J STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT RELINQUISHING ACCESS RIGHTS FOR CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 5446, PHASE 3 OF VESTING TENTATIVE MAP NO. 5258 Statement of Covenants Affecting Land Development Relinquishment of Access Rights Certain Lots Within Tract No. 5446 Page 2 RECITALS WHEREAS, McMILLIN SUNNYSIDE RANCH, 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 follows and by this reference made a part of this Statement of Covenants: Lots 1 through 23, inclusive of Tract No. 5446 according to the map thereof recorded on -(jo aS f 3U , 2006 in Volume of Plats at Page(s) ID -0hru ;X) , 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. 5258(Tentative Map)was approved with conditions by the Fresno City Planning Commission on June 16, 2004; and WHEREAS,the conditions of approval of said Tentative Map require the relinquishment of access rights to the multi-purpose trail (Outlot A of Tract No. 5258, recorded July 12, 2005, in Volume 73 of Plats, at Pages 1-5, Fresno County Records) for the abutting lots; and WHEREAS, the Covenantor requests the City of Fresno to approve the Final Map of Tract No. 5446 subject to the relinquishment of access rights for the Subject Property. Statement of Covenants Affecting Land Development Relinquishment of Access Rights Certain Lots Within Tract No. 5446 Page 3 COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of the Covenantor's request, 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 as follows: (a) Covenantor relinquishes access rights from the Subject Property to and from the boundary of the Subject Property which abut the Fancher Creek canal and the multi- purpose trail paralleling the Fancher Creek canal (Outlot A of Tract No.5258, recorded July 12, 2005, in Volume 73 of Plats, at Pages 1-5, Fresno County Records). (b) 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 the Subject Property who directly or who through any agent violate the terms hereof. All obligations of the Covenantor under this Statement shall insure solely to the benefit of the City of Statement of Covenants Affecting Land Development Relinquishment of Access Rights Certain Lots Within Tract No. 5446 Page 4 Fresno. There are no third party beneficiaries of said 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 conditions and obligations of this covenant shall remain in full force and effect until such time as the City of Fresno, Planning and development Director issues a written release of such conditions and obligations and records such release in writing with the Fresno County Recorder. 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 of the statement so requires, in interpreting this Statement, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. Statement of Covenants Affecting Land Development Relinquishment of Access Rights Certain Lots Within Tract No. 5446 Page 5 DATED: 8 /sZ'o CITY OF FRESNO, COVENANTOR a Municipal Corporation McMILLIN SUNNYSIDE RANCH, LLC, a Delaware Limited Liability Company By: McMillin Management Services, LP, a California Limited Partnership, By as Manager Nic . Yo ino, Director Planning ad Development Department By: Corky McMillin Construction Services, Inc., as General Partner APPROVED AS TO FORM: By: Bill Walls, Vice President JAMES C. SANCHEZ City Attorney By: Q5 a-at o "N Lk)74D Bert Almaguer, ice President By: Deputy (Attach Notary Acknowledgment) State of California ) County of Tulare ) On July 27, 2006 , before me, J. STURGEON DATE NAME,TITLE OF OFFICER Personally appeared BILL WALLS AND BERT ALMAGUER NAME(S)OF SIGNER(S) 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 and official seal. GEopiLWJb- STUROMM. 1454944 ry --- rh, "'-� L mit OeC X aper/ /SliNAJ-dMOF THE NOTARY SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on January 10, 2006 , in the office of the Fresno County Recorder as Document No. 2006-0005140 of which the Deed of Trust in by and between: MCMILLIN SUNNYSIDE RANCH, LLC, a Delaware limited liability company as Trustor, PRLAP, INC. ;as Trustee, and BANK OF AMERICA, national association as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development Relinquishing Access Rights for Certain Lots Within Tract No. 5446. DATED: Z 8 BENEFICIARY BANK OF AMERICA; national association By: By; (Beneficiary to print/type document information,Name and Title;and attach Notary Acknowledgment) f f State of California ) County of San Diego ) On July 28, 2006 , before me, Peggy J. French, Notary Public DATE NAME,TITLE OF OFFICER Personally appeared Ronald V. Montoro and Cinthva Y. Martinez , NAME(S)OF SIGNER(S) Personally known to me (or-prave& to meon ' fae40ry--zvidentr) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hcHhe/they executed the same in his?fm/their authorized capacity(ies), and that by tfis7 mr'/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. PEGGY'J. FRENCH _ commbdon# 13~ A rotary RdAc- - CdHo Na _ 1O.I .My Son Dkogo county Cor"fWkqSjqn 8,2W7 v IV SIGNATURE OF THE NOTARY CLERK'S CERTIFICATION State of California) County of Fresno) On August 18, 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 J By .lZvz Deputy