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Home My WebLink AboutT-4493 - Agreement/Covenant - 6/29/2006 (4) Mry OF i DEW-LOPMENT D'c'PARIVI!ff 2,51"JO I'-F E S IN 0 S i IPIE E f FRESNO 'A 23721-3f,04 r Rvc,)rdingRr ,uestedby Cay C!f?rk, Fre-no, California No Fee-Cnv,t. Code J103 Rerurl) to k, Frf?sno PPF-ASE CONFORM ........... ........... ).0 .0,0, -1pig 1, gik Iqj , gg In M -_N Kill I 01,11111111"I I ....I........... P.W. File No. 10309 Planning and Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO PLANT AND MAINTAIN FRONT YARD TREES FOR TRACT NO. 4493 (Phase I of Vesting Tentative Map of Tract No. 4493) RECITALS A. WHEREAS, THE McCAFFREY GROUP, INC., California Corporation, hereinafter referred to as "the Covenantor," is the owner of that certain real property 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 inclusive Tract No. 4493 according to the map thereof recorded in Volume of Pages and Fresno County Records, Fresno County. B. 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. C. All such instruments of Subordination, if any, are attached hereto and made a part of this instrument. D. The Covenantor has applied to the City of Fresno for a final subdivision map which would subdivide the subject property into a 84-lot single-family residential subdivision project. STATEMENTS OF COVENANTS Plant and Maintain Front Yard Trees Tract No. 4493, Phase I of Tentative Tract No. 4493/UGM Page 2 E. The City of Fresno desires to obtain covenants from the Covenantor to insure that the Subject Property is not developed, used, or maintained in such a way as to adversely affect adjoining properties. COVENANTS. CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantor's application for approval of Final Tract Map No. 4493, which is to be improved with public streets having a right-of- way width of 50 feet, for the Subject Property as referred to hereinabove, the Covenantor hereby covenants that the Subject Property shall be held, conveyed, encumbered, used, occupied, developed, maintained, and improved subject to the following covenants, conditions, and restrictions, which are for the purpose of enhancing attractiveness, usefulness, value, and desirability of the Subject Property, the surrounding property, and the public at large and to minimize possible adverse effects on the public health, safety, peace, and general welfare. Each of the covenants, conditions, and restrictions contained in this Statement will run with the Subject Property and shall be binding on each successive owner of the Subject Property and his heirs, administrators, successors, and assigns. 1. Covenantor hereby covenants as follows: A. The Covenantor shall plant the front yard area of each lot with a minimum of 2 medium size trees with the provision that each medium size tree may be substituted with two (2) small trees. B. The Covenantor shall maintain in good health the a minimum of 2 medium size trees or small trees which ever may be the case. C. The single-family residential subdivision shall be developed in substantial conformance with Revised Vesting Tentative Tract No. 4493 dated , May 28, 1997 and Conditions of Approval dated October 6, 1993. 2. The conditions of this Statement are intended to benefit the public and public STATEMENTS OF COVENANTS Plant and Maintain Front Yard Trees Tract No. 4493, Phase I of Tentative Tract No. 4493/UGM 524 Page 3 properties. Accordingly, the City of Fresno shall have the right to enforce this Statement by any legal or equitable means against the Covenantor and such person or persons in actual possession of Subject Property who directly or who through any agent violate the terms hereof. All obligations of the Covenantor under this Statement shall inure solely to the benefit of the City of Fresno. There are no third party beneficiaries of such obligations nor shall the right of the City of Fresno be transferable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. 3. The foregoing conditions shall remain in full force and effect until such time as the City of Fresno, pursuant to the district amendment procedure of the Fresno Municipal Code, finds the enforcement of such condition is no longer equitable. 4. 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 other provision hereof. Whenever the context so requires, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. STATEMENTS OF COVENANTS Plant and Maintain Front Yard Trees Tract No. 4493, Phase I of Tentative Tract No. 4493/UGM 524 Page 4 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation THE McCAFFREY GROUP, INC. a California Corporation By: jPlaing Yovino, Director and Development Department APPROVED AS TO FORM: By: Robert A. McCaffrey, President Hilda Cantu Montoy City Attorney By: By: Deputy David Ciabattari, Chief Operating Officer rcI/JJrdfi1es/documenWC0VT4493 (Attach Notary Acknowledgment) ATTEST: REBECCA E. KLISCH CITY CLERK By D putt' 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 L.S. My Commission Exp res: April 29, 2 0 NICOLE M. GALVAN •� Comm.11217490 t� N NOTARY PUBLIC•CALIFORNIA Fresno County My Comm.Expires April 29,2003`+ CLERICS CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On /d [/2, , 2001 before me, personally appeared `�-+t� A personally known to me (or proved 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 which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK By vn aLt- DEPUTY Tract No. 4493/UGM 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 to Plant and Maintain Front Yard Trees for Tract No. 4493, Phase I of Vesting Tentative Map Tract No. 4493/UGM 524. DATED: Septanber 19 —' 20 01 BENEFICIARY WELLS FARGO BANK A National Association Kristin P. Miller Vice President By: Lisachore fer Vice den (Attach Notary cknowledgement) STATE OF CALIFORNIA COUNTY OF Contra Costa ss. On this 19' 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 they executed the same in 44Aw4their authorized capacity(ies), and that by Uie�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 LAURIE M. GEIGER Commission# 1264901 Z zNotary Public-Califomla Signature Z Wmycornm.BPkesjun19,20D4 Contra Costa County My commission expires June 19, 2004