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Home My WebLink AboutT-5461 - Agreement/Covenant - 5/2/2007 (3) WHEN RECORDED MAIL TO: � Y City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 441-M/907 Za@7871 759 NO FEE - Government Code 6103 CITY OF FRESNO Planning and Development Department Planning Division STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT RELINQUISHING ACCESS RIGHTS FOR CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 5461 Statement of Covenants Relinquishing Access Rights 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 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 56, 178, 179, 180 and 203, inclusive, of Tract No. 5461 according to the map thereof recorded on nri j /0 , 200 in Volume- 9 of Plats at Page(s) /J / , 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. 5461 (Tentative Map)was approved with conditions by the Fresno City Planning Commission on August 17, 2005; and WHEREAS,the conditions of approval of said Tentative Map require the relinquishment of access rights to Outlot A, B and C of Tract No. 5461, for the abutting lots; and WHEREAS, the Covenantor requests the City of Fresno to approve the Final Map of Tract No. 5461 subject to the relinquishment of access rights for the Subject Property. Statement of Covenants Relinquishing Access Rights Final Map of Tract No. 5461 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 OutlotA, B and C of Tract No. 5461. (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 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 Statement of Covenants Relinquishing Access Rights Final Map of Tract No. 5461 Page 4 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 Relinquishing Access Rights Final Map of Tract No. 5461 Page 5 DATED: 03 X2 7 0 CITY OF FRESNO, COVENANTOR a Municipal Corporation DUNMORE MONTECITO, LLC a California Limi ed Liability Company By: By: yz� Keith Bergthold, Acting Director M06-1 J. Lut , President/ Planning and Development Department Central Valley Division APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney LBy. Deputy (Attach Notary Acknowledgment) '/r r \� \/.\%�%�r,\r \ .\r.\r .\ \r�:.r��r/\n!\r. \n,\r!\r.\!;\r'•.\ \ \r.\r.,\r.'\r..\;-;\r,\r!\ \ -\ '\n,\r/\/`..\/.r\r.:\r r1/..\r; \ !\r.\r,\r,\/.\r.\r.\/,\r.\r. 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 / ❑ proved to Fne on the basis Of 6atisfaGtery o„„�on,e to be the person whose name is subscribed to the within instrument and acknowledged to me that he PAMELA E.wALDRUM CommWlon#1416662 executed the same in his authorized capacity, and Ee CaNlar�a that by his signature on the instrument the person, >; h,�gCo , or the entity upon behalf of which the person acted, No"h"C- MV Comm.b oku Jun 5,2007 executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public --------------------------------------------------OPTIONAL----------------------------------------------- Though ----------- -------------------------------- 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 Relinquishing Access Rights 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 Signer's Name: < ❑ Individual rp.fumb here ❑ Corporate Officer—Title(s): ❑ Partner-- ❑ Limited ❑ General ;� ❑ Attorney in Fact ❑ Trustee z ❑ Guardian or Conservator > ❑ Other: z< Signer Is Representing: Dunmore Montecito, LLC >y r\•i r�i.\r. \/ \ .\/--. r\ .'V.^. .\ ., .\`.\ .\-.'\. .\r'..\r-r\r.\/ r..\�r\i.\�,'\v\i.\�.\'/��\!.r\!.1�:.Vii.\r�.\V��Vr\!�./\�ni.�\%^"i\' •9 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 Bergthold, 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 0 By rDeputy