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Home My WebLink AboutT-5503 - Agreement/Covenant - 12/13/2007 (3) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 � 1111Z11a�1,1��f k111y�'1'1 NO FEE - Government Code 6103 CA- CD O U' U U CITY OF FRESNO v 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. 5503 Statement of Covenants Affecting Land Development Relinquishing Access Rights Tract No. 5503 Page 2 RECITALS WHEREAS, LENNAR FRESNO, INC., a California Corporation, 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 37 and 38, inclusive of Tract No. 5503 according to the map thereof recorded on L&,eML) r JQ 20_0? in Volume 696 _ of Plats at Page(s) 1 ,"�,�, �- 32 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. 5503(Tentative Map)was approved with conditions by the Fresno City Planning Commission on March 15, 2006; and WHEREAS, the conditions of approval of said Tentative Map require the relinquishment of access rights to Outlot A of Tract No. 5503, for openspace purposes from the abutting said lots; and WHEREAS, the Covenantor requests the City of Fresno to approve the Final Map of Tract No. 5503 subject to the relinquishment of access rights for the Subject Property. Statement of Covenants Affecting Land Development Relinquishing Access Rights Tract No. 5503 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 Outlot A of Tract No. 5503. (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 Statement of Covenants Affecting Land Development Relinquishing Access Rights Tract No. 5503 Page 4 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 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 Relinquishing Access Rights Tract No. 5503 Page 5 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation LENNAR FRESNO, INC., A California Corporation 1 ��By By: Keith Bergthold, Assistant Director Michael P. Slater, Vice President Planning and Development Department APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By Jol-i W. Fox Deputy City Attorney Date: u�� t)'� (Attach Notary Acknowledgment) STATEOF COUNTY OF &'2V1C) J On _l before me, f I I(-- (here L(here insert name and title of the officer),personally appeared P 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 hisiher/their authorized capacity(ies), and that by hisiher/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. N T.NELSON Signature — (SEAL) 1 Commission# I601712 i Notary Public-Callfomla ` Fresno County My comm.Expires Aug 19,2009 This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-1232(REV.12/05) ALL-PURPOSE ACKNOWLEDGEMENT CLERK'S CERTIFICATION State of California ) County of Fresno ) City of Fresno ) On November 29, 2007, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Keith Bergthold, Assistant 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) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH City Clerk, CMC u d By Deputy