HomeMy WebLinkAboutT-4352 - Agreement/Covenant - 6/29/2006 (4) �w,n: 92 190148 coRW4 r�► c,r
CY:Y OF FRESNO --`-
DEVEWFNI T nEPARTNUM
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FRMO CA srrn-1WMIN. PACT
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o E C 21 1992
PLEASE CONFORM FP*MoOCuwri,.upA. MYNA
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.County
-------------------ABOVE SPACE FOR RE S— ----
BY DEPUTY
P.W. File No . 9273 Development e a tment
City of Fresno
COVENANT
LANDSCAPE MAINTENANCE
Tract No. 4352
Phase I of Tentative Tract No. 4352
WHEREAS, RICHARD J. LOUGHEAD JR. , an unmarried man, 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 . 4352 ,
consisting of Fifty-Seven (57) 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 Lots : 1 , 2 , 3 , 4 and 57 in a 10-foot landscape easement along
Covenant/Landscape Maintenance
Tract No . 4352
Phase I of Tentative Tract No . 4352
Page 2
North Maple Avenue frontage; Lots : 4 through 7, 14 through 17, and
25 through 31 within a 30-foot landscape easement along the East
Shepherd Avenue frontage, adjacent north of the Southern Pacific
Railroad right-of-way and the 10-foot City right-of-way on the north
side of East Shepherd Avenue, adjacent south of the Southern Pacific
Railroad right-of-way of said Subject Property; and
WHEREAS , Resolution No . 10163 of the Council of the City of
Fresno conditionally approved Tentative Tract No . 4352 ; 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 . 4352 .
NOW THEREFORE , it is agreed:
1 . In consideration of the foregoing and the approval of the
final subdivision map for Tract No . 4352 by the City of Fresno, the
undersigned hereby covenants , promises and agrees with the City of
Fresno for the benefit of said City that :
Covenant/Landscape Maintenance
Tract No . 4352
Phase I of Tentative Tract No . 4352
Page 3
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
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.
1 4 . It is the intention hereof that this document shall
constitute a covenant in favor of the City of Fresno and shall run
Covenant/Landscape Maintenance
Tract No . 4352
Phase I of Tentative Tract No . 4352
Page 4
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
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 .
CITY OF FRESNO, COVENANTOR
a Munici al Corporation
y -
RICHARD J. LOUGHEAD JR. , an
By
�, unmarried man
lv P. lis , Director
Development Department
.
BY'
,
APPROVED AS TO FORM: Richar J. Loughead Jr.
JAMES P. LOUGH
City Attorney
By (Attach Notary Acknowledgment)
Deputy
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Revised 9/17/92
Covenant/Landscape Maintenance
Tract No . 4352
Phase I of Tentative Tract No. 4352
Page 5
CLERR' CERTIFY n'rF'
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss .
CITY OF FRESNO )
On this day of 'L in the year 1992. before
me C�,>-, personally appeared
personally known to me (or
proved to rKe on the basis of satisfactory evidence) to be the person
who executed this instrument as nf' Director of the
Development Department and acknowledged to me that the City of Fresno
executed it .
JACQUELINE L. RYLE
City Clerk
By
Deputy T-
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LAND303/+4815
GL2 L23
STATE OF CALIFORNIA )
COUNTY OF Fresno ) SS.
} 4,
In this 23rd day of November 19 92 , before me, the undersigned,
a Notary Public in and for said County and State, personally appeared
Richard J. Loughead Jr.
p?rsonally 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 the
person(s) , or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS MY HAND AND OFFICIAL SEAL.
Kr:Sir aLLE(S -
. .'wlGCJALt'C4'17A
'R Cel:'OFFM w Notary Public in and for said State
FR_ ro c01.WN
fy Co wn=Exp Am 10,1994
Tract No . 4352
P.W. File No . 9273
SUBORDINATION
The undersigned as holder of the beneficial interest in and under
that certain Deed of Trust recorded on July 31 , 19Q2__,
in the office of the Fresno County Recorder in Book -----------
Page ------------ Document No . 92107358
of which the
Deed of Trust in, by and between Richard J. Loughead, Jr. ,
as Trustor , California Valley Securities Corporation , as Trustee,
and California Valley Bank , as Beneficiary, hereby
expressly subordinates said Deed of Trust and its beneficial interest
thereto to the foregoing Covenant Landscape Maintenance for Tract
No . 4352 .
DATED: November 23 19 92
California Valley Bank
t
STATE OF CALIFORNIA
S5.
COUNTY OF
On before me, 9 . �- -
o cr
personalty appeared
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person(*)whose name(s)is/are subscribed to the within instrument
and acknowledged to me that he/she/VW executed the same in his/her/ RENEE A. BACHANT
their authorized capaeity(os).and that by his/her/their siynature(s)on the Notary Public
instrument the person(s),or the entity upon behalf of which the person(s) Fresno minty. '35iwg
acted.executed the instrum •ent. My Comm.Exp.Dec.22- 1992
WR NESS,+y hand and $eal.
Signature - (Seal)
Form 32tz•t (wv. 1-1-92)
Tract No. 4352
P.W. File No . 9273
SUBORDINATION
The undersigned as holder of the beneficial interest in and under
that certain Deed of Trust recorded on May 27 , 1992 ,
in the office of the Fresno County Recorder in Book -------- ,
Page ----- --- Document No . 92072628 of which the
Deed of Trust in, by and :bdtween Richard J. Loughead, Jr. ,
as Trustor , rpntr 1 Title Company, a California Corporation , as Trustee,
and r:arpld r_ protan and Carol A. Brown , as Beneficiary, hereby
expressly subordinates said Deed of Trust and its beneficial interest
thereto to the foregoing Covenant Landscape Maintenance for Tract
No . 4352 .
DATED: ZZ— 3 — ( Z 19
old C. Bro
7 hriwy
STATE OF CALIFORNIA
ss.
COUNTY OF O
• On l-'13-421 before me.
l
ftV MM Ana we d or don.
personally appeared /440e
ocMft SEAL
ROM"D. MAK" personally known to me(or proved to me on
NWAtn PueuoCKt ~
VALA� the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the
�� 19% within instrument and acknowledged to me that he/she/they executed the same in hisftw/rinir
authorized capacity(ies),and that by his/her/their signature(s)on the instrument the per5011(s).
or the entity upon behalf of which the person(s)acted,executed the instrument !
WITNESS my hand and official
(Seal)
AC010W DGMerrt_w wpm.- rvm z»w-an +•9+ Signat
EXHIBIT "A"
Legal Description
Landscape Maintenance
City of Fresno :
That portion of the West half of Section 24 , Township 12 South,
Range 20 East , Mount Diablo Base and Meridian, according to the
Official Plat thereof , described as follows:
Beginning at the Southwest corner of said Section 24 ; thence North
00' 49 ' 11" East along the West line of the Southwest quarter of said
Section 24 , a distance of 86 . 50 feet to the TRUE POINT OF BEGINNING
of this description; thence continuing North 00' 49 ' 11" East along
said West line . a distance of 542 . 00 feet; thence North 89' 16 ' 23"
East, parallel with the South line of said Southwest quarter of
Section 24 , a distance of 851. 00 feet; thence North 00' 49 ' 11" East
parallel with said West line of the Southwest quarter of Section 24,
a distance of 167 . 08 feet ; thence North 89' 16 ' 23" East, parallel
with said South line of the Southwest quarter of Section 24 , a
distance of 166 . 22 feet ; thence South 000 49 ' 10" West a distance of
1 . 52 feet ; thence along a tangent curve concave Northwesterly, having
a radius of 275 . 00 feet , through a central angle of 06 ' 01 ' 47" , an
arc distance of 28 . 94 feet ; thence South 060 50 ' 57" West , a distance
of 30 . 00 feet ; thence South 41' 51 ' 36" East , a distance of 15 . 82
feet ; thence South 06' 44 ' 58" West , a distance of 40 . 34 feet; thence
South 470 57 ' 05" West a distance of 18 . 10 feet; thence along a
non-tangent curve concave Southeasterly, having a radius of 225 . 00
feet ; with a radial bearing of South 840 25 ' 25" East , through a
central angle of 040 45 ' 25" , an arc distance of 18 . 68 feet ; thence
South 000 49 ' 10" West , a distance of 165 . 05 feet ; thence South 44'
57 ' 14" East a distance 17 . 33 feet ; thence North 890 16 ' 23" East ,
parallel with said South line of the Southwest quarter of Section 24
a distance of 116 . 66 feet ; thence South 000 43 ' 37" East , a distance
of 389 . 72 feet ; thence South 890 19 ' 05" West a distance of 1144 . 64
feet to the TRUE POINT OF BEGINNING of this description.
ALSO EXCEPT, all oil, gas and minerals now or at any time hereafter
situate therein in and thereunder, together x4ith all easements and
rights necessary or convenient for the production, storage and
transportation thereof and the exploration and testing of the said
real property and also the right to drill for, produce and use water
from the said real property in connection with its drilling or mining
operations thereon, by deed recorded March 26 , 1943 in Book 2079 ,
Page 299 , Document No . 10243 , Official Records .
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' LAND303/4815