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Home My WebLink AboutT-4493 - Agreement/Covenant - 6/29/2006 DEVF!Grp,;,R 2:= � FFtj; ;�WICF-f CA 3; Recording Requested by City Clerk, Fresno, California No Fee-Govt. Code 6103 Return toC-itr-elerk Fresno 10/19/Z0011Z00101.�3805 PI F,,SE CONI✓OTA ABOVE SPACE FOR RECORDER'S USE P.W. File No. 10309 Planning and Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 4493 (Phase I of Vesting Tentative Map of Tract No. 4493) WHEREAS,THE McCAFFREY GROUP,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; Lots 1 through 84 and Outlot"A", inclusive of Tract No. 4493 according to the map thereof recorded in Volume _�,of Plats at Pages _ and -, Fresno County Records, Fresno County. 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 Statement of Covenants Landscape Maintenance Tract No. 4493 Phase I of Vesting Tentative Map of Tract No. 4493/UGM 524 Page 2 WHEREAS, Resolution No. 10554 of the Fresno City Planning Commission conditionally approved Vesting Tentative Map of Tract No. 4493; and, WHEREAS, Covenantor is required by the City as a condition of vesting tentative map approval to install landscaping and an irrigation system for Lots 1 through 9, 30 and Outlot "A" inclusive, in a 10-foot landscape easement along the side and rear property lines of said lots which side-onto and back-onto the West McKinley Avenue frontage of the said Subject Property; and WHEREAS, said conditions 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 the final map of Tract No. 4493by 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 Statement of Covenants Landscape Maintenance Tract No. 4493 Phase I of Vesting Tentative Map of Tract No.4493/UGM 524 Page 3 annex said Tract No.4493 to the City's Community Facilities District No. 2 as approved by the City Council on September 25, 2001; and 2. The Covenantor shall fully disclose this condition to every potential purchaser of any part of said lots of the Subject Property. 3. The annual assessment represents the fair share of the cost for maintenance of the landscape easements maintained by the City within Vesting Tentative Map of Tract No. 4493/UGM 524. The first annual assessment is estimated at$48.12 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. rr1� Statement of Covenants Landscape Maintenance Tract No.4493 Phase 1 of Vesting Tentative Map of Tract No.4493/UGM 524 Page 4 DATED: 24001 CITY OF FRESNO, COVENANTOR a Municipal Corporation THE MCCAFFREY GROUP, INC. A California Corporation By 0WA4---` Mark I. Williamson, P. E., Director Public Works Department By: Robert A. McCaffrey, President APPROVED AS TO FORM: HILDA CANTO-MONTOY City Attorney By: David Ciabattari, 0441 Operating Officer By Deputy (Attach Notary Acknowledgment) ATTEST: REBECCA E. KLISCH CITY CLERK C By am STATE OF CALIFORNIA ) } SS. COUNTY OF FRESNO ) On September 24, 2001, before me, the undersigned, a Notary Public for the State of California, personally appeared, Robert A. McCaffrey and David Ciabattari, 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 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity(ies) on behalf of which the person(s) acted,executed the instrument. WITNESS my hand and official seal. Notary Public r ' L.S. My Commission xpires: April 29 2 0 NICOLE M. GALVAN .. Comm.111217490 'A NNOTARY PUBLIC•CALIFORNIA Fresno County �IPMV Comm. Expires April 29,2003 CLERICS CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On cfa �. / 2 , 2001, before me, personally appeared 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 DEPUTY Ir FT4493CFD2.DOC (09/14/2001) Tract No. 4493AJGM P.W. No. 10309 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 29, 1996, in the office of the Fresno County Recorder, Document No. 96- 054302 of which the Deed of Trust in by and between Trend Homes, Inc., a California Corporation, as Trustor, American Securities Company, a California Corporation, as Trustee and Wells Fargo Bank, a National Association, 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. 4493, Phase I of Vesting Tentative Map Tract No. 4493/UGM 524. DATED: September 19 -' 20 01 BENEFICIARY WELLS FARGO BANK A National Association By. Kris 'n . 1er Vice President BY: Wl� Lisac effer Vice Uident (Attach Notary Acknowledgement) STATE OF CALIFORNIA COUNTY OF Contra Costa ss. On this 19'h day of September , 20 01 , before me, Laurie M. Geiger a Notary Public in and for the State of California, personally appeared Kristin P. Miller and Lisa Z. Schaeffer personally known to me (or proved on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that Ua4heAhey executed the same in 4isAwAheir authorized capacity(ies), and that by 44Aw 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 ' M LAURIE M. GEIGER ,0 Af Signatu ' r w Commission# 1264901 Z ,"402111D Notary Public-California Contra Costa County my comm.Eipkes Jun 19=4 My commission expires June 19, 2004