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Home My WebLink AboutT-5461 - Agreement/Covenant - 5/2/2007 (2) When Recorded Mail To City Clerk City of Fresno 2600 Fresno Street Fresno, Ca 93721-3603 0411a/307- NO FEE -Govt. Code 6103 CITY of FRESNO Planning and Development Department a STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ESTABLISHING VEHICULAR ACCESS RESTRICTIONS FOR CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 5461 Statement of Covenants Vehicular Access Restrictions Final Map of Tract No. 5461 Page 2 RECITALS WHEREAS, DUNMORE MONTECITO, LLC, a California Limited Liability Company, hereinafter referred to as the"Covenantor," is the owner of the 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 67 through 72, inclusive, of Tract No. 5461 according to the map thereof recorded on --ADC I 10 2007 in Volume r?!J_of Plats at Pages /I J�brU 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 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 August 17, 2005 adopted Resolution No. 12278 conditionally approving Vesting Tentative Map No. 5461, hereinafter referred to as the "Tentative Map;" and WHEREAS, the Tentative Map design proposes 6-new single family residential lots which front onto North Armstrong Avenue, a designated collector street; and WHEREAS, the conditions of approval for the Tentative Map requires that the vehicular access for these 6-lots comply with Policy E-1-p of the 2025 General Plan; and WHEREAS, said Policy E-1-p prohibits new single family residential lots from fronting onto a major street, unless it can be satisfactorily demonstrated that no other feasible alternative means of access can be provided to the property and requires the evaluation of alternative means of access, including but not limited to. frontage roads, backup treatment, and redesign of the Statement of Covenants Vehicular Access Restrictions Final Map of Tract No. 5461 Page 3 subdivision proposal; and WHEREAS,the Covenantor has filed with the City of Fresno a Final Map of Tract No. 5461, pursuant to said Tentative Map, for approval and recording. COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantor's application for said Final Map, the Covenantor hereby covenants that all of the proposed lots 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 comply with said Policy E-1-p by establishing the following vehicular access restrictions for the Subject Property: a. Provide and maintain circular or hammer head driveways on each lot of the Subject Property to avoid having to back a vehicle from the Subject Property onto North Armstrong Avenue. b. Prior to construction, the design of such circular and hammer head driveways shall be as approved by the City Engineer. C. Vehicular access restriction shall be required for existing developed lots and for any proposed future development of the lots. Statement of Covenants Vehicular Access Restrictions Final Map of Tract No. 5461 Page 4 d. The circular or hammer head driveway required for the existing developed lots shall be completed no later than the time of completion of the street improvements for North Armstrong Avenue pursuant to the Subdivision Agreement for the Final Map of Tract No. 5461. 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 Planning and Development Department Director issues a written release of such conditions and obligations and records such release 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 so requires, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. Statement of Covenants Vehicular Access Restrictions Final Map of Tract No. 5461 Page 5 Date: 3 2 7 0 CITY OF FRESNO, COVENANTOR a Municipal Corporation DUNMORE MONTECITO, LLC a California Limited Liability Company By: By: Keith Bergthold, Acting Director ael J. LLitz', Pr e t/ Planning & Development Department Central Valley Division APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: Deputy Attach Notary Acknowledgments)ments ■ i' _ � _� `•,vv�. _v.ter.,�. ,v. n�. , .n�,_,,..,v,v.,� -.v.� :�,.<.., ,��,�,,�,,.� ..-.�.,�,..�/: i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT '> State of California ss. County of Fresno On March 8, 2007, before me, Pamela E. Waldrum, Notary Public, personally appeared ;> Michael J. Lutz, ® personally known to me > i� ❑ moved to me en the basic of satisfaGtGFv a i' cve.iirlenne •i *vcrrvc ,\ to be the person whose name is subscribed to the within instrument and acknowledged to me that he PAMELA E.WAUX MA executed the same in his authorized capacity, and Commbebn 1416M that by his signature on the instrument the person, >� Nokwy INM Caftmicor the entity upon behalf of which the person acted, From executed the instrument. MY Cam.6Ir98 Jun b.2007 WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public <5 --------------------------------------------------OPTIONAL- --------------------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the ;> document could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Statement of Covenants Affecting Land Development Establishing Vehicular Access Restrictions for certain lots within the Final Map Tract#5461 <> Document Date: City will date Number of Pages: 7 pages > Signer(s) Other Than Named Above: Keith Bergthold & James C. Sanchez >; > Capacity(ies) Claimed by Signer >; ONT Signer's Name: rimi %5 ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner-- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee >' ❑ Guardian or Conservator '> ❑ Other: >' Signer Is Representing: Dunmore Montecito, LLC �7 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO) On March 30, 2007, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Keith Berqthold, Acting.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 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. REBECCA E. KLISCH CITY CLERK, CMC a s- By Deputy .J f _ n 4