HomeMy WebLinkAboutT-5838 - Agreement/Covenant - 6/24/2011 (4) WHEN RECORDED MAIL TO:
a
City Clerk
0 City of Fresno
U. 2600 Fresno Street
Z Fresno, CA 93721-3603
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J NO FEE - Government Code 6103 0612412011 20110083858
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Public Works Department
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO
PROHIBIT THE PARKING OF VEHICLES ON DRIVEWAYS FOR
CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 5838,
PHASE-1 OF VESTING TENTATIVE MAP NO. 5838
STATEMENT OF COVENANTS
Prohibiting Parking in Driveways
Tract No. 5838
Page 2
RECITALS
WHEREAS, COPPER RIVER SOUTHWEST, INC., a California 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 1 through 47, inclusive, of the Final Map of Tract No. 5838 according
to the map thereof recorded on ,,uasr, 2'4 , Za! 1
in Volume of Plats at Page(s) q-1 , 9 iC
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 1, 2007 adopted
Resolution No. 12713 conditionally approving Vesting Tentative Map No. 5838/UGM,
hereinafter referred to as the "Tentative Map;" and
WHEREAS, a condition of approval of the Tentative Map prohibits the parking of
vehicles on driveways which measure less than eighteen (18) feet; and
WHEREAS, the Covenantor has filed with the City of Fresno a Final Map of Tract
No. 5838, a Phase-1 final map pursuant to said Tentative Map, for approval and recording.
STATEMENT OF COVENANTS
Prohibiting Parking in Driveways
Tract No. 5838
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 of Covenants 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 prohibit the parking of vehicles on driveways on
those certain lots of the Subject Property where the length of the driveway, the distance
measured perpendicular on the surface of the driveway from the exterior face of the garage
door to the back of the sidewalk, or from the exterior face of the garage door to 'the back of the
street curb where sidewalks do not exist or are not planned to exist, is less than eighteen (18)
feet.
2. The conditions of this Statement of Covenants are intended to benefit the public
and public properties. Accordingly, the City of Fresno shall have the right to enforce this
Statement of Covenants 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 of
Covenants 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
STATEMENT OF COVENANTS
Prohibiting Parking in Driveways
Tract No. 5838
Page 4
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
Public Works Department Director issues a written release of such conditions and obligations
and records such release with the Fresno County Recorder.
4. If either party is required to commence any proceeding or legal action to enforce or
interpret any term or condition of this Statement of Covenant, the prevailing party in such
proceeding or action shall be entitled to recover from the other party its reasonable attorney's
fees and legal expenses. For the purposes of this Statement of Covenant, "attorneys' fees"
and "legal expenses" include, without limitation, paralegals' fees and expenses, attorneys,
consultants fees and expenses, expert witness fees and expenses, and all other expenses
incurred by the prevailing party's attorneys in the course of the representation of the prevailing
party in anticipation of and/or during the course of litigation, whether or not otherwise
recoverable as "attorneys' fees" or as "costs" under California law, and the same may be
sought and awarded in accordance with California procedure as pertaining to an award of
contractual attorneys' fees.
5. The waiver by either party of a breach by the other of any provision of this
Statement of Covenant shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Statement of Covenant. No provisions
of this Statement of Covenant may be waived unless in writing and signed by all parties to this
Covenant. Waiver of any one provision herein shall not be deemed to be a waiver of any other
provision herein.
6. The provisions of this Statement of Covenants shall be deemed independent and
severable and the invalidity or partial invalidity or unenforceability of any one provision or portion
STATEMENT OF COVENANTS
Prohibiting Parking in Driveways
Tract No. 5838
Page 5
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
Prohibiting Parking in Driveways
Traci: No. 5838
Page 6
DATED: ✓G«e �a_ -01
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
COPPER RIVER SOUTHWEST, INC.,
Public Works Department a California Corporation
Patrick Wiemiller, Director
By: By:
/%j XOM-OE'r4r-
S�cott Mozier, P.E., Assi ant Director Christine Lingenfe , A taut cretary
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By:
h ffin
eputy y Attorney
Date:
(Attach Notary Acknowledgments)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
a 25
On H , ��� before me, -C 1c-4—,
Date Here Insert Name and Title of the Officer
personally appeared UA norear 4- 1+-"r
Name(s)of Signer(s)
who 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
MADELYN J. CUELLAR instrument the person(s), or the entity upon behalf of
Commission #r 117641111111 9 which the erson s acted executed the instrument.
Nolory Public -CoUtornlO p ( )
Fresno County
NMComm.&PmnA e31.a011 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
4. C -Q
Signature oaa I
Place Notary Seal Above kSignature of N ry 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 of 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—L1 Limited ❑ General _ _ ❑ Partner—=] Limited ❑ General
❑ Attorney in Fact • ❑Attorney in Fact •
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association-9350 De Soto Ave.,P0.Box 2402-Chatsworth,CA 91313-2402-www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On June 17, 2011 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared,
Scott Mozier, P.E. Assistant Director, Public Works Department, who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
REBECCA E. KLISCH, CMC
City Clerk, City of Fresno
4�tr OF P#
a
By '�
o�z•
Deputy �`�
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded onin the office of the Fresno
l
County Recorder a Document No.ol of which the Deed
of Trust in, by and between: �,, �`�
re'r b LGpr�a4 WessI�1' "fa(! [i I fV0?MAL FJ) YAt Il, as Trustor,
FI it Ca �s Trustee,
and1 1 Jh , as`rneficiary,
hereby expres subordinates said Deed of rust and its beneficial interest thereto to the
foregoing Statement of Covenants Affecting Land Development to Prohibit the Parking of Vehicles
on Driveways for Certain Lots Within the Final Map of Tract No. 5838, Phase-1 of Vesting
Tentative Map No. 5838.
DATED:- M aMl!
BENEFICIARY DSPs y�q,1�G1Q.�r r♦t�Co
a [ r► ��-ni Lt Ca rb � 1
By PAWIUr
Name: _nomas
Title: 9,nor �1G�J !'1/45f1�3 •f
By
Name:
Title:
(attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 64sylo
On 25 Zbt 1 before me, VatW w)
Date U Here Insert Name and Title of the Officer
personally appeared �V)OV" S G7 • W�k'��
Name(s)of Signer(s)
who 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
MADELYN J.A CUELM capacity(ies), and that by his/her/their signature(s) on the
Commission 01764542 instrument the person(s), or the entity upon behalf of
,,; Notary Public -California which the person(s) acted, executed the instrument.
: Fresno County
WComm.EVWAup31,2011 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal. Q
Signature` L Qo� % �''r'`' aPb,
Place Notary Seal Above ! azure of Ndfary 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 of 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 MeNo
❑ Attorney in Fact ❑Attorney in Fact •
❑ Trustee Too of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827