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Home My WebLink AboutT-5449 - Agreement/Covenant - Restriction of Single Story Homes - 6/6/2017 RECORDING REQUESTED BY AND IIII III WHEN RECORDED MAIL TO: I IIII II II IIII I IIII I II II IIIII�IIII I IIIII I II FRESNO County Recorder City Clerk Paul Dictos, C,P,A, City of Fresno DDC— 2017-0070154 2600 Fresno Street Acct 8003-North American Title Concord Fresno, CA 93721-3603 Tuesday, JUN 06, 2017 08:00:00 Tt 1 Pd $0.00 Rcpt # 0004781257 CRR/R7/1-7 NO FEE-Government Code 6103 — - CITY OF FRESNO Development& Resource Management Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE RESTRICTION OF SINGLE STORY HOMES FOR CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 5449 Statement of Covenants Affecting Land Development Restriction of Single Story Homes Tract No. 5449 Page 2 RECITALS WHEREAS, LENNAR HOMES OF CALIFORNIA, 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 32, 33, 42, 43, 44, 52, 53, 54, 63, 64, 65, 66, 67, 68, 69, 70 and 71 inclusive of the Final Ma of Tract No. 5449 according to the map thereof recorded on June .201"1 in Volume ?lo of Plats at Page(s)IS-To Fresno County Records. 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, Resolution No. 12401 of the Fresno City Planning Commission conditionally approved Tentative Map of Tract No. 5449, hereinafter referred to as the "Tentative Map;" and WHEREAS, Said Resolution requires certain lots to be developed with single-family residential homes not to exceed one story in height; and WHEREAS, the City of Fresno desires to obtain covenants from the Covenantor to insure that the Subject Property is developed in conformance with the provisions of the Tentative Map;an d WHEREAS, the Covenantor has applied to the City of Fresno for a Final Map of Tract No.5449,pursuant to the Tentative Map,to establish a 101-lot single-family residential subdivision; and 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 Affecting Land Development Restriction of Single Story Homes Tract No. 5449 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 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 only construct single-story dwellings on the required certain lots of the Subject Property. 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 City of Fresno, pursuant to the district amendment procedure of the Fresno Municipal Code, finds the enforcement of such condition is no longer equitable. 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 Statement of Covenants Affecting Land Development Restriction of Single Story Homes Tract No. 5449 Page 4 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"oras"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 one provisions hereof. Whenever the context of the Statement of Covenants so requires, in interpreting this Statement of Covenants,any gender includes the other genders, the singular includes the plural, and the plural includes the singular. Statement of Covenants Affecting Land Development Restriction of Single Story Homes Tract No. 5449 Page 5 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation LENNAR HOMES OF CALIFORNIA, INC., Development& Resource Management A California Corporation Department Jennifer K. Clark, Director B By: J nn er . Clark, Director Mike Miller, Vice President APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Mary Raterman-Doidge Deputy City Attorney Date: (Attach Notary Acknowledgment) 4 t ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Fresno ) On March 29, 2017 before me, Christine Collins, Notary Public (insert name and title of the officer) personally appeared Mike Miller 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. CHRISTINE COLLINS Commission#2131344 Z a -m Notary Public-California z Z ' Fresno County Signature (Seal) My Comm. Expires Nov 7,2019 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document CLERK'S CERTIFICATION State of California ) County of Fresno ) On May 19, 2017 before me, Marco Martinez-Velasquez, Deputy City Clerk, personally appeared, Jennifer K. Clark, Director, Development and Resource Management Department (DARM)of the City of Fresno, 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/theirsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the-instrument. 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 t-j °F p City Clerk, City of Fresno so ° rED DCT. q• Deputy