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Home My WebLink AboutT-6163 - Agreement/Covenant - Relinquishing Access Rights - 7/12/2017 RECORDING REQUESTED BY IIII III I IIII II II IIII III I IIID IIII I IIII III��III AND WHEN RECORDED MAIL TO:. FRESNO County Recorder Paul Dictos, C,P,A, City Clerk DOC— 2017-0086005 City of Fresno Acct 8003-North American Title Concord 2600 Fresno Street Wednesday, JUL 12, 2017 08:00:00 Fresno, CA 93721-3603 Ttl Pd $0,00 Rcpt # 0004802888 RGR/R4/1-9 NO FEE-Government Code 6103 CITY OF FRESNO Development and Resource Management Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT RELINQUISHING ACCESS RIGHTS FOR CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 6163, PHASE 2 OF VESTING TENTATIVE MAP NO. 5571 Statement of Covenants Affecting Land Development Relinquishing Access Rights Tract No.6163 Page 2 RECITALS WHEREAS, LENNAR HOMES OF CALIFORNIA, INC., a California Corporation and PATRICK VINCENT RICCHIUTI, TRUSTEE, THE PATRICK VINCENT RICCHIUTI FAMILY TRUST (A REVOCABLE LIVING TRUST) UNDER DECLARATION OF LIVING TRUST DATED MAY 17, 1985, hereinafter referred to as the "Covenantor," is the owner of the real property situated in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described as follows: Lots 44, 45, 46, 47, 48 and Outlot A, of the Final Map of Tract No. 6163 according to the map thereof recorded onJu1Win Volume 23(oof Plats at Page(s) t-1 *hru T/ 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, Vesting Tentative Map No. 5571 (Tentative Map) was approved with conditions by the Fresno City Planning Commission on November 6, 2013; and WHEREAS, the conditions of approval of said Final Map of Tract No. 6163, filed pursuant to said Tentative Map, require the relinquishment of access rights to the park from the adjacent lots; and WHEREAS, the Covenantor requests the City of Fresno ("City") to approve the Final Map of Tract No. 6163 subject to the relinquishment of access rights for the Subject Property. V Statement of Covenants Affecting Land Development Relinquishing Access Rights Tract No.6163 Page 3 COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of the Covenantor's request, 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 Covenant will run with the Subject Property and shall be binding on each successive owner of the Subject Property and his/her/its heirs, administrators, successors, and assigns. 1. Covenantor hereby covenants as follows: (a) Covenantor relinquishes access rights to and from the boundary between said Outlot A (park) and said Lots 44, 45, 46, 47 and 48 (adjacent lots). (b) The Covenants, Conditions and Restrictions (CC&R) and the Real Estate Disclosure Report shall provide notice to the owners of the Subject Property of such relinquishment of access rights and owners shall provide written notice to each lessee, tenant and subsequent buyer that such restriction exist. 2. The conditions of this Statement of Covenant are intended to benefit the public and public properties. Accordingly, the City shall have the right to enforce this Statement of Covenant by any legal or equitable means against the Covenantor and such person or persons in actual possession of the Subject Property who directly or who through any agent violate the terms hereof. All obligations of the Covenantor under this Statement of Covenant shall insure Statement of Covenants Affecting Land Development Relinquishing Access Rights Tract No.6163 Page 4 solely to the benefit of the City. There are no third party beneficiaries of said obligations nor shall the right of the City be transferable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. 3. The conditions and obligations of this Statement of Covenant shall remain in full force and effect until such time as the City's Development and Resource Management Director issues a written release of such conditions and obligations and records such release in writing 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. Statement of Covenants Affecting Land Development Relinquishing Access Rights Tract No.6163 Page 5 6. The provisions of this Statement of Covenant 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 of the Statement of Covenant so requires, in interpreting this Statement of Covenant, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. Statement of Covenants Affecting Land Development Relinquishing Access Rights Tract No. 6163 Page 6 DATED: V 24v/ CITY OF FRESNO, COVENANTOR a Municipal Corporation LENNAR HOMES OF CALIFORNIA, INC., Development & Resource Management A California Corporation Department Jennifer K. Clark, Director By: By: Je nbr V. Clark, Director Mike Mill r, Vice President THE PATRICK VINCENT RICCHIUTI FAMILY TRUST (A REVOCABLE LIVING TRUST) UNDER APPROVED AS TO FORM: DECLARATION OF LIVING TRUST DATED MAY 17, 1985, DOUGLAS T. SLOAN City Attorney BY Patrick Vincent Ricc ti-, Trustee Ma aterman-Doidge puty City Attorney Date: r (Attach Notary Acknowledgment) V 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 :April 7, 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 Notary Public-California D 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. State of California ) County of Fresno ) On March 27, 2017, before me, Patricia Spencer, a Notary Public, personally appeared PATRICK VINCENT RICCHIUTI, who proved to me on the basis of satisfactory evidence to be the person(o whose name() is/ape-subscribed to the within instrument and acknowledged to me that he/ske4hey executed the same in his/hefA�authorized capacity(ies-) and that by his/h4p4heir signature on the instrument the person(}, or the entity upon behalf of which the person() 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. PATRICIA SPENCER Commission#2125839 z Notary Public-California z r i Fresno County Signature: My Comm.Ex ires Oct 1,2019' 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 June 26, 2017 before me, Cherisea Barnes, 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/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 4`�r of FRFsy o By �JIL 9-t�,Or?J�-- d�E 9 -�./a--LD�.�p•�`( Deputy