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Home My WebLink AboutT-4384 - Agreement/Covenant - 7/6/2006 (2) e . v �L E COMPAN`�' 96142582 RETURN TO: CITY OF FRESNO AT MIN. PAST ST DEPARnIE14T 2600 Frau Street OCT 2 3 1996 FRESNO CA 93721-3604 FRESNO COUNTY, CALIFORNIA WILLIAM C.GREENWOOD, County Recorder r'L ASS CONIF0R"�i C'onita Ghimenti FEE EP TY RECORDER ---------------------------AB SPACE FOR RECORDED § L`}SE----------- .... P.W. File No. 9231 Development Department City of Fresno COVENANT LANDSCAPE MAINTENANCE Tract No. 4384 Phase I of Vesting Tentative Tract No. 4384 WHEREAS, Rexford Properties, L.L.C., a Limited Liability Company, 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 and being further subdivided by the final map of Tract No. 4384, consisting of Fifty-Three (53) lots according to the map thereof recorded in Volume _ of Plats at Pages 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, 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 17 through 25, and Covenant/Landscape Maintenance Tract No.43841UGM Phase I of Vesting Tentative Tract No. 4384 Page 2 34 through 36, including in a 10-foot landscape easement along the rear and side property lines of said lots which back-onto or side-onto the West Barstow Avenue frontage at said Subject Property; and, WHEREAS, Resolution No. 10504 of the City Planning Commission conditionally approved Vesting Tentative Tract No. 4384; and revised in accordance with Section 12- 1005.2(b)(3) of the Fresno Municipal Code by the Development Department Director; 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. 4384. NOW THEREFORE, it is agreed: 1. In consideration of the foregoing and the approval of the final subdivision map for Tract No. 4384 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.4384/UGM Phase I of Vesting Tentative Tract No. 4384 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. Covenant/Landscape Maintenance Tract No.4384/UGM Phase I of Vesting Tentative Tract No. 4384 Page 4 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 not affect the validity or enforceability of any one provision thereof. Covenant/Landscape Maintenance Tract No.4384/UGM Phase I of Vesting Tentative Tract No. 4384 Page 5 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: 49 7&ZX2l/ COVENANTOR CITY OF FRESNO, REXFORD PROPERTIES, L.L.C. a Municipal Corporation a Limited Liability Company By Alvin P. Solis, Director By trp a � � Development Department By APPROVED AS TO FORM: HILD TLT MONTOY City Attorney By 611�puty (Attach Notary Acknowledgement) Covenant/Landscape Maintenance Tract No.4384/UGM Phase I of Vesting Tentative Tract No. 4384 Page 6 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On August 28th 1996, before me, Jocelyne Gueret personally appeared Raymond G. Salazar, Direct. personally known to me (or provided 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 of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK ., By c. i EPUT, , LR.." �K:\Com6n\T8ALAN.COV STATE OF CAUFORNIA SS. COUNTY OF Fresno On May 14, 1996 before me, J. Ellinghouse personally appeared Richard K. Ehrlich 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 authorised capacitypes),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 ment. WIT ESS m d and official seal. Signature (Seal) J. llinghouse CT-85 °F J. ELL)NGHOUSE wey'RJ COMM.0999054 Q NOTARY PUBLIC-CALIFORNIAa. m P I.NCIPAL OFFICE RESNO N COUNTY 03 In F My Commission Exp.Sept.12,1997