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HomeMy WebLinkAboutT-5511 - Agreement/Covenant - 12/5/2007 (10) When Recorded Mail To City Clerk City of Fresno 2600 Fresno Street Fresno, Ca 93721-3603 11/20/2007120070209040 W CITY of FRESNO O Planning and Development Department Z O U W CA Q W IL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR ZONING RESTRICTIONS ON CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 5511 i Statement of Covenants For Zoning Restrictions Final Map of Tract No. 5511 Page 2 RECITALS WHEREAS, BEAZER HOMES HOLDINGS CORP., a Delaware Corporation, hereinafter referred to as the "Covenantor," is the owner of the 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 1 through 7, inclusive, of Tract No. 5511 according to the map thereof recorded on 4&Vee »her .20 , 2007 in Volume TO of Plats at Pages /3 7%ry , 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 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 Council on December 13, 2005 adopted Ordinance No. 2005-156 conditionally approving Rezone Application No. R-05-29 forthe Subject Property and Tentative Map requiring the construction of a minimum three thousand (3,000) square feet houses and circular driveways within the front yards which front onto South Minnewawa Avenue; 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 For Zoning Restrictions Final Map of Tract No. 5511 Page 3 COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantor's application for said Final Map, the Covenantor hereby covenants that all of the proposed lots 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 a minimum house size of three thousand (3,000) square feet. The building plans for the houses shall be reviewed and approved by the Planning and Development Department Director. 2. Covenantor hereby covenants to provide and maintain circular driveways within the front yard on each lot of the Subject Property which front onto South Minnewawa Avenue. Prior to construction, the design of such circular driveways shall be as approved by the City Engineer. 3. 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. Statement of Covenants For Zoning Restrictions Final Map of Tract No. 5511 Page 4 4. 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. 5. 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 For Zoning Restrictions Final Map of Tract No. 5511 Page 5 DATED: �d/3/07 CITY OF FRESNO, a Municipal Corporation COVENANTOR Planning and Development Department BEAZER HOMES HOLDINGS CORP., Nick P. Yovino, Director a Delaware Corporation By: By. eith Be thol , ssis a Director Walter Diamond, Executive Vice President& General Manager APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: John W. Fox Deputy City Attorney Date: LD 5iZZ2C 7 (Attach Notary Acknowledgments) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On VTU�C✓�,oQ�O before me, 1�(�S� y L f){� , / �'0 -a rV Date Name and TitleLp O icer(e.g.,"Jane Doe,Notary Public") personally appeared �( 1 / {�? Oil1 G( _- Name(s)of Signer(s) P-15ersonally known to me ❑ (or proved to me on the basis of satisfactory evidence) Rosa E. LONG to be the person(s)whose name(s) is/are subscribed to the Commission#1631297 within instrument and acknowledged to ,me. that •� Notary Public-Callfornla he/she/they executed the same'in his/her/their authorized Fresno County r capacity(ies), and that by his/her/their signature(s) on the My Comm.Expires Dec 113.2009 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 12�%9Z l Signatuinb of Vdfary 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 f-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 • Too of thumb here Top of thumb here ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2006 National Notary Association-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, Depute 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), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH C/TY CLERK, CMC By Deputy