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HomeMy WebLinkAboutT-3999 - Agreement/Covenant - 6/21/2006 (3) 94080555 Recording Requested by PAST City Clerk, Fresno. California0 YT No Fee-Govt. Code 6103 MAY 11 1994 Return to City Clerk, Fresno FRES11�ivCX:h' �,�;µIpCllilllA WKJ MM C.GREENWOOD.County Remdet SY DEPUTY RE $ -------------------ABOVE SPACE FOR RECORDER' S USE--- P.W. File No . 8906 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE PURPOSES Tract No . 3999 (Phase I of Tentative Tract No . 3999) WHEREAS, BARGAIN HOMES, 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 in attached Exhibit "A" , said property being further subdivided by the final map of Tract No . 3999 , consisting of sixty (60) lots ; 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 WHEREAS, all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and WHEREAS, Covenantor is required by the City as a condition of final map approval to install landscaping and an irrigation system for the North Weber Avenue right-of-way adjacent to the Southern Pacific Railroad right-of way; and V J Covenant/Landscape Maintenance Tract No . 3999 Page 2 WHEREAS, Resolution No. 9860 of the Fresno City Planning Commission conditionally approved Tentative Tract No . 3999 ; and WHEREAS, said resolution requires that maintenance of the required landscape easements of said lots of the Subject Property shall be the responsibility of the City' s Landscaping and Lighting Maintenance District; and WHEREAS, said lots of the Subject Property are located within the primary service area of the City' s Landscaping and Lighting Maintenance District No . 1 and that a portion of the operation and maintenance costs of said district may be paid out of proceeds of a special assessment levied with the said district for the final subdivision map for Tract No. 3999 . NOW THEREFORE, it is agreed: 1 . In consideration of the foregoing and the approval of the final subdivision map for Tract No. 3999 by the City of Fresno, the undersigned hereby covenants, promises and agrees with the City of Fresno for the benefit of said City that : 1 . 1 Said landscaping and irrigation system shall be designed and installed according to a plan acceptable to the Director of the Parks and Recreation Department, and shall be maintained by Covenantor until annexation to the City' s Landscaping and Lighting Maintenance District No . 1, or until a landscape maintenance district or other mechanism for the maintenance of said landscaped easement, acceptable to the Director of the Development Department, is formed and established; and Covenant/Landscape Maintenance Tract No . 3999 Page 3 1 . 2 Covenantor shall pay all costs of formation of the landscape maintenance district . 2 . The Subdivider' consents to annexation of said Subject Property to the City' s Landscaping and Lighting Maintenance District No . 1, agrees to petition the City to annex said Subject Property to said district pursuant to Government Code Section 53339 . 2, waives any right to protest or object to such annexation, and waives the minimum 90 day time limit set forth in Government Code Section 53326 for holding an election on the levy of the special assessment on Subject Property to be annexed to said district, including the Subject Property. 3 . The Subdivider shall fully disclose this condition to every potential purchaser of any part of said lots of the Subject Property. 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 . The Covenant shall be released and of no further effect upon a written determination by the undersigned and the Director of the Development Department of the City of Fresno that its continued existence and enforcement are no longer necessary. 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 Covenant/Landscape Maintenance Tract No . 3999 Page 4 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 . DATED: CITY OF FRESNO, COVENANTOR a Municipalor r tion BARGAIN HOMES, INC. , a By California Corporation Alv . Solis, Director Development Department BY: Victor Roz sky, President APPROVED AS TO FO J S P. OUGH Cit tt By Deputy (Attach Notary Acknowledgment) BJW:dlk LAND430/+6800 STATE OF CALIFORNIA W COUNTY OF FRESNO } S.S. W On March 30. 1994 _ before me, the undersigned U. a Notary Public in and for said County and State,personally appeared FOR NOTARY SEAL OR STAMP o VICTOR ROZNOVSKY W H LL personally known to me(or proved to me on the basis of satisfactory Q evidence)to be the person(s)whose name(s)is/are subscribed to the ul within instrument and acknowledged to me that he/she/they executed ^v the same in his/her/their authorized capacity( lhe ies),and that by hisrRheir ANGELA J. STOKES Q CCMM.8979348 m signature(s)on the instrument the person(s),or the entity upon behalf CO P11 w NOTARY CZAI.FORNIA m PRICFAL OFFM N M of which the person(s)acted, executed the instrument. m FRESNO CO" MY Cammissim Eao.Nov.29.1996 WITNESS my ha nd official seal Signature Covenant/Landscape Maintenance Tract No . 3999 Page 5 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On 1994 before me, �� n personally appeared LLl�rm� personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(g) whose name(') is/awe- subscribed to the within instrument and acknowledged to me that he/c'^^ '+ hey-- executed the same in his/her.1t e; r- authorized capacity(i-c� , and that by his/'^^* 't-''^' - signature() on the instrument(X) the person(!() , or the entity upon behalf of the CITY OF FRESNO of which the person(') acted, executed the instrument . WITNESS my hand and official seal . JACQUELINE L. RYLE, CMC CITY CLERK By AL17»LOA1-, IYEPUTY BJW:dlk LAND430/+6800 GL2 L23 Tract No. 3999 P.W. File No. 8906 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 26 19 94 in the office of the Fresno County Recorder in Document No. 94071671 of which the Deed of Trust in, by and between Bargain Homes, Inc. - , as Trustor, United Security Bank, A National Association as Trustee, and United Security Bank N.A. as Beneficiary, 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 Tract No . 3999 . DATED : Y- Z S= 19 W.A. Johnson (��,— George E. Buck MGM THUMSMI(T 10frOMAL) State of California cc W O County of Fresno 0 On A rp it 25, 1994 before me, Sallie Perez Saiz, Notary Public (DATE) MAME.TTTLE OF OFFICER-LE_-.)ANE DOE.NOTARY PUBLIC-) personally appeared W. A. Johnson And George E. Buck CAPACITY CLAIMED BY SIGNER(S) pL M M OF SICNERM) ❑ INDIVIDUAL(S) ,) CORPORATE OFFICER(S) V•P • ❑ PARTNER(S) (TITLE(S)) C�personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence ❑ ATTORNEY IN FACT to be the person(s) whose name(s) is/are sub- ❑ TRUSTEE(S) scribed to the within instrument and acknowledged ❑ GUARDIAN/CONSERVATOR SALLIE PEREZ SAIZ to me that he/she/they executed the same in ❑ OTHER: COMM. #1011867 �hisftw/their authorized capacity(es), and that by F? signature(s) on the instrument the - NOTARY PUBLIC-CALFORNIA or the e upon behalf of which the FRESU40 COUNTY1--person(s). �y Po SIGNER IS REPRESENTING: My Comm.Explree Dec.22.199 person(s)acted,executed the instrument (NAME OF PERSON(S)OR ENTTTY(OMM Vlritnes my hand and official seIsla r A portion of the North half of Section 10, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, described as follows: Beginning at the Southwest corner of the Northwest quarter of the Northeast quarter of said Section 10, said point being at the intersection of the centerline of North Polk Avenue with the South Line of J.C. Forkner Fig Gardens Subdivision No. 2, according to the map thereof recorded in Volume 8 of Plats, at Page 66, Fresno County Records; thence North 890 51' 40" East, along said South line, a distance of 597.13 feet; thence South 00° 08' 20" East a distance of 154.00 feet; thence North 890 51' 40" East a distance of 25.13 feet; thence South 080 41' 12" West a distance of 60.82 feet; thence South 110 00' 17" West a distance of 24.85 feet; thence South 120 28. 10" West a distance of 34.10 feet; thence South 140 13' 49" West a distance of 35.77 feet; thence South 15° 42. 56" West a distance of 23.17 feet; thence South 170 28' 34" West a distance of 46.70 feet; thence South 180 57' 42" West a distance of 12.25 feet; thence South 200 43' 21" West a distance of 57.63 feet; thence South 220 12' 28" West a distance of 1.32 feet; thence South 230 43. 35" West a distance of 58.94 feet; thence South 250 27' 14" West a distance of 9.61 feet; thence South 260 56' 21" West a distance of 49.33 feet; thence South 280 42' 00" West a distance of 20.54 feet; thence South 300 11' 09" West a distance of 38.40 feet; thence South 310 56' 47" West a distance of 31.47 feet; thence South 330 25' 55" West a distance of 27.48 feet; thence South 350 11' 33" West a distance of 42.39 feet; thence South 360 40' 40" West, a distance of 16.55 feet; thence South 380 27' 23" West a distance of 53.95 feet; thence South 420 46. 18" West a distance of 4.99 feet; thence South 40° 09' 41" West a distance of 119.00 feet to a point on the Northeasterly line of the Southern Pacific Railroad right of way; thence North 490 50' 19" West, along said right of way line, a distance of 1284.42 feet to a point on the South line of said J.C. Forkner Fig Gardens Subdivision No. 2; thence North 890 48' 11" East, along said South line, a distance of 693.38 feet to the point of beginning. EXHIBIT "A"