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Home My WebLink AboutT-5461 - Agreement/Covenant - 5/2/2007 (4) 4, h. WHEN RECORDED MAIL TO: City Clerk 04110/2007 20070071801 City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 NO FEE - Government Code 6103 CITY OF FRESNO Planning and Development Department ® P.W. File No. 11036 c� Cd STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE RESTRICTION OF REAR YARD SETBACKS FOR CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 5461 STATEMENT OF COVENANTS Restriction of Rear Yard Setbacks 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 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 180 through 197, inclusive, of Tract No. 5461 according to the map thereof recorded on &M I 10 , 2009 in Volume '79 of Plats at Pages i I ru I!2 , 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, 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,a condition of approval of the Tentative Map requires that the tier of lots along the south side of East Saginaw Way (Lots 180-197) shall be enlarged as determined appropriate by the Planning and Development Department Director; and WHEREAS, at the regular meeting of the Fresno City Planning Commission held on January 10, 2007, the Planning and Development Department Director recommended that in lieu of enlarging such lots, that certain increased rear yard setback restrictions be placed on such lots; and WHEREAS, the Fresno City Planning Commission on January 10, 2007 agreed with the STATEMENT OF COVENANTS Restriction of Rear Yard Setbacks Tract No. 5461 Page 3 increased rear yard setbacks alternative recommended by the Planning and Development Department Director for the Subject Property; 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 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, 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 develop the Subject Property in accordance with the following rear yard set back restrictions: A. Lots 180-189, inclusive and Lots 191-197, inclusive, shall be subject to the rear yard setback restriction of 40 (forty) feet. B. Lot 190 shall be subject to the rear yard setback restriction of 60 (sixty) feet. 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 i STATEMENT OF COVENANTS Restriction of Rear Yard Setbacks Tract No. 5461 Page 4 - 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 Restriction of Rear Yard Setbacks Tract No. 5461 Page 5 DATED: 017 /o CITY OF FRESNO, COVENANTOR a Municipal Corporation DUNMORE MONTECITO, LLC a California LiWed ed Liabilit Company By: By: 71z-�J)W Keith Bergthold, Acting Director NoliaJ. L tz, reside Planning & Development Department Central Valley Divisio APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: Deputy (Attach Notary Acknowledgments) i �:<:,r;,\.;��:�:��,�•;:, ;��>, n::<:�:;��;ni�,�,i�:�%,�;�:�.�;.ti�:;;v ice;� ��;i�:%w;�%:v�,�;�;�i�� ; �•;v.;�;�v�%��i<;<�i�::��,v�< ;C�;i:;ti✓: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California S >' ss. County of Fresno / On March 8, 2007, before me, Pamela E. Waldrum, Notary Public, personally appeared Michael J. Lutz, ® personally known to me •S •> to be the person whose name is subscribed to the >; within instrument and acknowledged to me that he LLI LA E.wALDRUM executed the same in his authorized capacity, and ?; Won#1416562 that by his signature on the instrument the person,-s ublic-camxft or the entity upon behalf of which the person acted,^o11rexecuted the instrument. My -&Pkw Jun!i.2W WITNESS my hand and official seal. e Place Notary Seal Above Signature of Notary Public ------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 for the Restriction >' of Rear Yard setbacks for certain lots with 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: RIG IFF T[I UAI IIP It I NT OF SIGNER ❑ Individual ,! Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner-- ❑ Limited ❑ General > zr ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator '> ❑ Other: >' ,> 2S Signer Is Representing: Dunmore Montecito, LLC '; 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 Berathold. 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. KL/SCH CITY CLERK, CMC a a By Deputy _ 9 V J