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Home My WebLink AboutT-5461 - Agreement/Covenant - 4/26/2007 (4) '► WHEN RECORDED MAIL TO: rx .< City Clerk City of Fresno 2600 Fresno Street *� Fresno, CA 93721-3603 047IVI- -210717S NO FEE -Government Code 6103ILL -- - - -- - -- ® CITY OF FRESNO ® Planning and Development Department U P.W. File No. 11036 W LiJ STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE RESTRICTION OF SINGLE STORY HOMES FOR CERTAIN LOTS WITHIN TRACT NO. 5461 s, w ZZ` STATEMENT OF COVENANTS Restriction of Single Story Homes Tract No.5461 Page t 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 198 through 203, inclusive, of Tract No. 5461 according to the map thereof recorded on 20 in Volume of Plats at Pages 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. 12278 of the Fresno City Planning Commission conditionally approved Tentative Map of Tract No. 5461, hereinafter referred to as the "Tentative Map;" and WHEREAS, North Temperance Avenue (Expressway), hereinafter referred to as "Expressway," abuts the east boundary of the Tentative Map and has been determined to be a significant.source of noise which can disrupt the habitability of a residential area; and WHEREAS, a condition of approval of the Tentative Map requires the Covenantor to achieve compliance with the 45 dB DNL interior noise level requirement or that a detailed interior noise assessment be conducted, as indicated in the"Conclusions and Recommendations"section of the Environmental Noise Analysis of the City of Fresno for all lots of the Tentative Map adjacent to Expressway; and WHEREAS, the Covenantor has applied to the City of Fresno for a Final Map of Tract STATEMENT OF COVENANTS Restriction of Single Story Homes Tract No. 5461 Page 3 No. 5461, pursuant to the Tentative Map, to establish an 257-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 and to mitigate noise levels to meet State and local standards. 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 only construct single-story dwellings on the Subject Property or that a detailed interior noise assessment be conducted, as indicated in the "Conclusions and Recommendations section of the Environmental Noise Analysis of the City of Fresno for all lots of the Tentative Map adjacent to Expressway. 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 Y STATEMENT OF COVENANTS Restriction of Single Story Homes Tract No. 5461 Page 4 of the Covenantor under this Statement shall inure solely to the benefit of the City of Fresno. There Uare no third party beneficiaries. of such obligations nor shall the right of the City of Fresno be gin.. 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 enforcement of such condition is no longer necessary. 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 Single Story Homes Tract No. 5461 Page 5 DATED: 2 2 714 7 CITY OF FRESNO, COVENANTOR a Municipal Corporation DUNMORE MONTECITO, LLC a California Limited Liability Company By: By: Keith Bergthold, Acting Director micVdel u Presid Planning & Development Department Central Valley Divisi APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: ' Deputy (Attach Notary Acknowledgments) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. ;S - County of Fresno ; S On March 8, 2007, before me, Pamela E. Waldrum, Notary Public, personally appeared Michael J. Lutz, ® personally known to me > ev <S to be the person whose name is subscribed to the m..�..�.�w, within instrument and acknowledged to me that he <� PAMEIAE.WALDRt1N1 executed the same in his authorized capacity, and Commiselon#1416662 that by his signature on the instrument the person, '? or the entity upon behalf of which the person acted,ROM C"dV . My Comm.ExpkesJun6.2W7 executed the instrument. y> WITNESS my hand and official seal. >< 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. >} y< Description of Attached Document %S Title or Type of Document: Statement of Covenants Affecting Land Development Restriction of Single Story Homes 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 S Capacity(ies) Claimed by Signer Signer's Name: S ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): z ❑ Partner-- ❑ Limited ❑ General < ❑ Attorney in Fact ❑ Trustee ;< >' ❑ Guardian or Conservator ❑ Other: 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 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 By, _ ;De-P,uty