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Home My WebLink AboutPM 1999-05 - Agreement/Covenant - 8/11/2006 (3) CONFORMED COPY 12/2812001,20010194688 f,..o. ,. APN 403-050-23 CITY of FRESNO Parcel Map No. 99-05 Development Department Building & Safety Services Division STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR PARCEL MAP NO 99-05 WHEREAS, CORNERSTONE ENTERPRISES,INC.,a California Corporation, 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; Parcels A through J, inclusive of Parcel Map No. 99-05 according to the map thereof recorded in Book of Parcel Maps at Page(s) 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 f 1 Statement of Covenants Landscape Maintenance Parcel Map No. 99-05 Page 2 WHEREAS, the Tentative Parcel Map No. 99-05, was accepted for processing by the City of Fresno on March 25, 1999; and, WHEREAS, Covenantor is required by the City as a condition of Tentative Parcel Map No. 99-05 approval to install landscaping and an irrigation system for Parcels E through H, inclusive, in a 10-foot landscape easement along; the side property lines of said Parcels which side-onto the East Teague Avenue frontage of said Subject Property; and WHEREAS, said condition of approval require that maintenance of the required landscape easements of said lots of the vesting tentative map shall be the responsibility of the homeowners association or the City's Community Facilities District No. 2 for the maintenance of the landscaping as directed or required by Director of the Public Works Department; and NOW THEREFORE, it is agreed: 1. In consideration of the foregoing and the approval of Parcel Map No. 99-05 by the City of Fresno, the Covenantor hereby covenants, promises and agrees with the City of Fresno for the benefit of said City that: 1.1 Said landscaping;and irrigation system will be designed and installed according; to a plan acceptable to the Director of the Parks, Recreation and Community Services Department, and the Covenantor will request the City to annex said Parcel Map No. 99-05 to the City's Community Facilities District No. 2; as approved by the City Council on March 21, 2000; and C Statement of Covenants Landscape Maintenance Parcel Map No. 99-05 Page 3 2. The Subdivider is required to provide the City of Fresno with copies of signed acknowledgments (Exhibit "A") from each purchaser of a Parcel, attesting to the purchaser's understanding that the parcel will have an annual landscaping maintenance assessment and that the purchaser is aware of the estimated amount of the assessment. 3. The annual assessment represents the fair share of the cost for maintenance of the landscape easements maintained by the City within Parcel Map No. 99-05. The first annual assessment is estimated at $ 166.00 per lot. The first annual assessment is only an estimate for the first year and the assessment may increase or decrease or decrease in future years. 4. It is the intention hereof that this document shall constitute a covenant in favor of the City of Fresno and shall run with the land and be binding upon the undersigned, its grantees, heirs, and successors and assigns. 5. This covenant shall be deemed released and of no further effect upon a written determination by the Director of the Public Works Department of the City of Fresno. 6. 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 one provision thereof. Whenever the context of the Statement so requires, in interpreting this Statement, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. Statement of Covenants Landscape Maintenance Parcel Map No. 99-05 Page 4 DATED: ( _ �� . 2-�0- CITY CITY OF FRESNO, COVENANTOR a Municipal Corporation CORNERSTONE ENTERPRISES,INC., A California Corporation Mark I. Williamson, Director Public Works Department By: John E. Holmes Robert L. Wood, President APPROVED AS TO FORM: HILDA CANTO-MONTOY City Attorney By: (Attach Notary Acknowledgment) Deputy STATE OF CALIFORNIA ) )ss. COUNTY OF FRESNO ) On 01 ,before me,the undersigned personally appeared �y f" L. u� ,personally known to me(or 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(s)the person(s),or entity(ies)of which the person(s)acted,executed the instrument. ►.. MARY JO SALAS WITNESS my hand and official seal. ''a COMM.#1205887 ce NOTARY PUBLIC-CALIFORNIA Ce W FRESNO COUNTY N My Comm.Exp.Dec.24,2002 Mary Jo tary Official Seal SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on February 2, 2000 , in the office of the Fresno County Recorder as Document No. 2000-0012823 of which the Deed of Trust in by and between TRUSTOR: Cornerstone Enterprises, Inc., a California Corporation and TRUSTEE: Imperial Bancorp, a California Corporation, and BENEFICIARY: Imperial Bank, a California Corporation, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for Landscape Maintenance for Tentative Parcel Map No. 99-05 DATED: A10 V. 7 3- 2000 BENEFICIARY IMPERIAL BANK, a California Corporation By: D. R. Reinhardt, Senior Vice President B Jo phantanese, Senior Vice President (Beneficiary to Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � ss. County of On A to V. 4�7o?�Q� , before me, "ARLA Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared l)�? 1?e�nh�rdt d cT06eoh a t,ahest, ,. Name(s)of Signer(s) epersonally known to me ' ❑ proved to me on the basis of satisfactory I evidence to be the person(s) whose name(s) jdare subscribed to the within instrument and acknowledged to me that hofs)*/they executed the same in his/hat/their authorized MARLA J. W. PUGH capacity(ies), and that by Vs/b4r/their Commission#►1242886 signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) FM couniy AVCorrrn E�eetNalv22,2im acted, executed the instrument. WITNESS my hand d official seal. � Place Notary Seal Above Sig t e of Notary Public II 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:s�•�(krY) Document Date: 1 f 27/U o Number of Pages: Signer(s)Other Than Named Above: Capacity(les) CI mey ner 1 , Signer's Name: • 1`• ells�/1Q '�_T �� _ ❑ Individual l 1 ` �`� �V-Q S` Top of thumb here Q'Corporate Officer—Title(s): �•^ O� U ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: i I Signer Is Representing: l0. 0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATION STA TE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On December 26,2001,before me,Elvia Sommerville, Deputy City Clerk, personally appeared,John E. Holmes,Asst. Public Works Director, known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) 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 of which the person(s) acted, executed the instrument. WIME55 my hand and official City Seal. REBECCA E. Kl15CH City Clerk B � Deputy ACKNOWLEDGMENT AND UNDERSTANDING OF LANDSCAPING MAINTENANCE ASSESSMENT I/We the undersigned have been advised by the Subdividers Representative and hereby acknowledge and understand that the property I/We have purchased lot(s) of Parcel Map No. 99-05 , is subject to an annual assessment currently estimated at $ 166.00. The annual assessment represents my/our fair share of the costs for maintenance of the landscaped easements maintained by the City within Parcel Map No. 99-05. I/We understand that the current estimated assessment is only an estimate for the current year and that the current year and that the assessment may increase or decrease in future years. I/We also understand that by signing this document I/We have not waived my/our rights to protest the assessment amount at the noticed annual public hearing held by the City Council. Purchaser Date Co-Purchaser Date Subdividers Representative Date EXHIBIT "A"