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Home My WebLink AboutPM 2000-23 - Agreement/Covenant - 8/11/2006 (3) CONFORMED COPY When Recorded, Mail To: City Clerk 1212112001,20010193815 City of Fresno 2600 Fresno Street Fresno, CA 93721-3623 f F3, )<)5) 3 gm is iF`} I� €3F Sfj�fjF€3 isi F€Fs7 i 33 i �"' }_°: � _ €}I fF i F } _€ ABOVE SPAUSE CE FOR REC.0RDER.S P.W. File No. 5494-2000-23 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT (PARCEL MAP NO. 2000-23) Plant and Maintain Front Yard Trees RECITALS A. WHEREAS, Centex Homes, a Nevada General Partnership, 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: Parcels "A" through"G", of Parcel Map No. 2000-23, in the City of Fres o, Coun of Fresno, State of California, according to the map thereof recorded on ae 2001, in Book_�_, of Parcel Maps at Page(s), o , Fresno County Records. B. 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. C. All such instruments of Subordination, if any, are attached hereto and made a part of this instrument. D. The Covenantor has applied to the City of Fresno for a Parcel Map which would subdivide the subject property into a 7-lot single-family residential development project. E. The City of Fresno desires to obtain covenants from the Covenantor to insure that the Subject Property is not developed, used, or maintained in such a way as to adversely affect adjoining properties. r STATEMENTS OF COVENANTS AFFECTING LAND DEVELOPMENT Parcel Map No.2000-23 Page 2 COVENANTS, CONDITIONS. AND RESTRICTIONS For favorable action on, and approval of, the Covenantor's application for approval of the Parcel Map No.2000-23 , which is to be improved with public streets having a right-of-way width of 50 feet, 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 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 as follows: A The Covenantor shall plant the front yard area with a minimum of 2 medium size trees with the provision that each medium size tree may be substituted with two (2) small trees. B. The Covenantor shall maintain in good health the a minimum of 2 medium size trees or small trees which ever may be the case. C. The single-family residential subdivision shall be developed in substantial conformance with the approved Tentative Parcel Map No. 2000-23. c STATEMENTS OF COVENANTS AFFECTING LAND DEVELOPMENT Parcel Map No.2000-23 Page 3 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. 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. c STATEMENTS OF COVENANTS AFFECTING LAND DEVELOPMENT Parcel Map No.2000-23 Page 4 DATED: 12 L 6—o CITY OF FRESNO, COVENANTOR, a Municipal Corporation Centex Homes, a Nevada General Partnership, By; as Managing General Partner tingPla ovino, Director and Development Department By: David H tc , Division President APPROVED AS TO FORM: Hilda Can ' ontoy City AC rn By: CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On December 24 , 2001 before me, Elvia Sommerville personally appeared Nick P. Yovino. Planning and Development Director personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(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(s) the person(s), or the entity upon behalf of the CITY OF FRESNO which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK By c5 DEPUTY �67 CALIFORNIA AL]G-PURPOSE ACKNOWLEDGMENT State of California County of 7J`tF e } ss. On 1"Iftn6f before me, V14, Date Name and Title of otlicer(m&,Jana Doe,Notary Public') personally appeared In (:94-taz , N=c(s)ofSigia(s) p9personally known to me 10 proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)idare. subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iies),and that by his/her/their COM .iCPO6Ms)on the instrument the person(s), Notary Public Cagfornia or the entity upon behalf of which the person(s) Tulare County acted,executed the instrument. MY Cam.E*kw Nov 21,2005 VMMSS my hand and official seal. S*Utum ofxotary Pobiic Place Nagy seal Above