Loading...
HomeMy WebLinkAboutT-5963 - Agreement/Covenant - 6/27/2013 (3) 'WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street 06/25/2013120130088868 Fresno, CA 93721-3603 NO FEE - Government Code 6103 cc p Public Works Department LL Z O U W Zn 4 LU J IL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO PROHIBIT THE PARKING OF VEHICLES ON DRIVEWAYS FOR CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 5963 STATEMENT OF COVENANTS Prohibiting Parking in Driveways Tract No. 5963 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 55, inclusive, of the Final Map of Tract No. 5963 according to the map thereof recorded on 30.,J C Z'� Z1213 in Volume Ei of Plats at Page(s) 1 -7TI `6 , 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 October 3, 2012 adopted Resolution No. 13180 conditionally approving Vesting Tentative Map No. 5963, 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. 5963 pursuant to said Tentative Map, for approval and recording. 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, STATEMENT OF COVENANTS Prohibiting Parking in Driveways Tract No. 5963 Page 3 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 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 STATEMENT OF COVENANTS Prohibiting Parking in Driveways Tract No. 5963 Page 4 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 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 Tract No. 5963 Page 5 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation COPPER RIVER SOUTHWEST, INC., Public Works Department a California Corporation Patrick Wiemiller, Director : B ;'� By:— wry �• - Y_ Scott Mozier, P.E., Assidrant Director Ste erg G. Raga, Secretary APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Talia Koll ri-Barbick Deputy City Attorney Date: (Attach Notary Acknowledgments) CALWORNWA ALL-PURPOSE ACKNOWLEDGM EM—j` 6�i�`f':--�;:<�n2.aotili:..r��%:C�^�t�-_ - — - _ acx+�o�..o�c,��avcts�:.oc�.- �caarrr_.n�:a��-.ago:ao•.—,�oae�o��yr— State of California County of Fresno On h-i- d beforerne, Barbara J. Christensen, Notary Public Date Here Insert Name and Title of the Officer personally appeared i9at-� Name(s)of Signer(s) who proved to me on the basis of saiisfactory evidence to be the person(s) whose narne(s) is/are subscribed to the within instrument and acknowledged to me that BARBARA J.04"aCHRIENSEN he/she/they executed -he same in his/her/their authorized Commission#2006855 z capacity(ies), and that by his/her/their signature(s) on the •g Notary Public-California z instrurnent the person(s), or the entity upon behalf of z ` Fresno County ' which the person(s) acted, executed the insi-rurneni. My Comm.Expires Feb 26,2017 I certify under PENALI Y OF PERJURY under the laws of the State of California -hat the foregoing paragraph is true and correct. WITNESS my hand and officiall sea]. Signature kh' ,f� t " -� "► ) Place Notary Seal Above Sig ure of Notary 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 anoiher document. Deecription of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacitil(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Tiile(s): _. ❑Corporate Officer—Tifle(s):. ❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited r General ❑ Attorney in Pact ❑Attorney in Fact o El Trustee Top of thumb here F1 Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator D Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association-9350 De Solo Ave.,P.O.Box 2402^Chatsworth,CA 91313.2402°www.NatlonalNotary.org Item 45907 Reorder:Call Toll-Frye 1-800-876-6827 CLERK'S CERTIFICATION State of California ) County of Fresno ) On June 7, 2013 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 YVONNE SPENCE, CMC City Clerk, City of Fresno By ' ----- Deputy SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 4, 2011 , in the office of the Fresno County Recorder as Document No. 2011-0060807-00 of which the Deed of Trust in, by and between: Copper River Southwest, Inc., a California Corporation as Trustor, First American Title Company as Trustee, and Housing Capital Company, a Minnesota Partnership as Beneficiary, hereby expressly subordinates said Deed of Trust 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. 5963. DATED: March 9, 2011 BENEFICIARY U.S. Bank National Association Successor in interest to Housing Capital Company, By: ��_ A Minnesota Partnership Name: Thomas G. Walker Title: Senior Vice President By: Name: Title: (Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment) f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE 9 11" -. .��-=.-.-. .= �:--:� „r�.:�c•.�r; -: _ � :,�zcter,�c�tc� r��,Ga�.�r.r�,��.��:°�._ F State of California i County of FRESNO f On April 15, 2013 before me, Anr; 1 CP1 este Garcia,Notar�r Publi c Date Here Insert Name end Title of the Officer personally appeared Thomas G. Walker Name(s)of Signers) 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/sheAhey executed the same in his/hadtheir authorized capacity.(iss), and that by his/hertf%ir signature(s) on the instrument the °F rh APRIL CELESTE GAFiCIA person(s), or the entity upon behalf of which the ` NOTARY PUBLIC-CALIFORNIA COMMISSION#1986538 person(s) acted, executed the instrument. • "`�� FRESNO COUNTY My Comm.Exp,July 29,2016 1 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. Signature: L�iI,EX 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 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: _ 4 Capacity(lies) Claimed by Sig rier(s) Signer's dame: _- _ Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer —Title(s):. ❑ Individual ❑ Individual ❑ Partner — ❑Limited ❑General Top of thumb here ❑ Partner — ❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator D Other: 0 Other: Signer Is Representing: Signer Is Representing: ;«c.-GxMA, :�� ©2010 National Notary Association•NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 6, 2011 , in the office of the Fresno County Recorder as Document No. 2011-0117557-00 of which the Deed of Trust in, by and between: Copper River Southwest, Inc., a California Corporation as Trustor, Financial Title Company as Trustee, and Housing Capital Company, a Minnesota Partnership as Beneficiary, hereby expressly subordinates said Deed of Trust 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. 5963. DATED: August 11, 2011 BENEFICIARY U.S. Bank National Association K Successor in interest to Housing Capital Company, By: A Minnesota Partnership Name: Thomas G. Walker Title: Senior Vice President By: Name: Title: (Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT clmL CODE 1189 State of California County of FRESNO On April 15, 2013 before me, Apr-i 1 releste Garcia,Notary Pub i c Date Here Insert Name and Titfe of the Officer personally appeared Thomas G. Walker Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person*) whose nameW is/.am subscribed to the within instrument and acknowledged 4 to me that he/sheAfTey executed the same in his/heatheir authorized capacity(iea), and that by his/4er/ttf5eir signatureA on the instrument the oF, APRIL CELESTE GARCIA person, or the entity upon behalf of which the r NOTARY PUBLIC-CALIFORNIA 1 person(t) acted, executed the instrument. COMMISSION# 1986538 ✓' • FRESNO COUNTY My COMM.Exp.July 29,2016 1 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. r4 Signature: L%M-10 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 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: C .c; :,,ries) Claiinned by Signei'(s) Signer's Name: _ Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s):_ ❑ Individual ❑ Individual ❑ Partner —❑Limited ❑General Top of thumb here CI Partner — ❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: 4 Signer Is Representing: Signer Is Representing:_ 0 2010 National Notary Assoclation•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907