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HomeMy WebLinkAboutT-5511 - Agreement/Covenant - 12/5/2007 (6) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 11/Z0/Z007,Z0070Z09038 CITY OF FRESNO CC Planning and Development Department O Z P.W. File No. 11132 O U W Q W J ®. STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE RESTRICTION OF SINGLE STORY HOMES TO MITIGATE PRIVACY CONCERNS FOR CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 5511 STATEMENT OF COVENANTS Restriction of Single Story Homes Tract No. 5511 Page 2 RECITALS WHEREAS, BEAZER HOMES HOLDINGS CORP., a Delaware Corporation, 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 77 through 83, inclusive, and Lots 85 through 89, inclusive, of Tract No. 5511 according to the map thereof recorded on &V �, 2002 in Volume- 26 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, the Fresno City Planning Commission on November 16, 2005 adopted Resolution No. 12354 conditionally approving Tentative Map No. 5511/UGM, hereinafter referred to as the "Tentative Map;" and WHEREAS, the Fresno City Planning Commission added to the conditions of approval of the Tentative Map the condition that the houses constructed on Lots 64 through 70 and Lots 72 through 76 of the Tentative Map shall be single story; and WHEREAS, said Lots 64 through 70 and Lots 72 through 76 of the Tentative Map correlates to Lots 77 through 83 and Lots 85 through 89 of the Final Map Tract No. 5511; and WHEREAS, the Covenantor has filed with the City of Fresno a Final Map of Tract No. 5511, pursuant to said Tentative Map, for approval and recording. STATEMENT OF COVENANTS Restriction of Single Story Homes Tract No. 5511 Page 3 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 with the single story houses: 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. STATEMENT OF COVENANTS Restriction of Single Story Homes Tract No. 5511 Page 4 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.5511 Page 5 DATED: 10 7 CITY OF FRESNO, COVENANTOR a Municipal Corporation BEAZER HOMES HOLDINGS CORP., Planning and Development Department a Delaware Corporation Nick P. Yovino, Director By: By: � C Keith Bergthold, Assistant Urector Walter Diamond, Executive Vice President& General Manager APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: (-;�" , -7� John W. Fox Deputy City Attorney Date:_ (Attach Notary Acknowledgments) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County ofY) C7 On 0'40�eff^ JC,o-)OD-7 before me, D S Date ' ( ) Na a and Title o Officer(e.g.,"Jane,Doe,Notary Public") personally appeared V,h�l� (C(l�'10{� Name(s)of Signer(s) I personally known to me ❑ (or proved to me on the basis of satisfactory evidence) RoSA F.LONG to be the person(s)whose name(s) is/are subscribed to the Commission# 1631297 within instrument and acknowledged. to me that -� Notary Pub{Ic-Callfornia Fresno County - he/she/they executed the same in his/her/their authorized MyComm DPIresDecle 200 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. Place Notary Seal Above G� Signature btary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number o Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact • Ll Trustee Ll Trustee Top of thumb here Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2006TJational NotaryAssociation•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO) On October 25, 2007, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Keith Berqthold, 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), 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 V�� Deputy