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Home My WebLink AboutT-4544 - Agreement/Covenant - 3/10/2005 (3) c WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno street 10050051019 Fresno, CA 93721-3603 0310911005 NO FEE-Government Code 6103 O LL Z CITY OF FRESNO VPlanning and Development Department W Q P.W. File No. 10655 J JAF: 2802 North Cornelia Avenue(T-4544, Site address) a STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE LANDSCAPING AND LANDSCAPE MAINTENANCE OF OUTLOT "A" OF TRACT NO. 4544 STATEMENT OF COVENANTS Landscape Maintenance Outlot A, Tract No. 4544 Page 2 RECITALS WHEREAS,LENNAR FRESNO,Inc.,a 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, hereafter referred to as the"Subject Property"and more particularly described as follows and by this reference made part of this Statement of Covenants: Outlot"A" of Tract No. 4544-according to the map thereof recorded on 20 �fl�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 that all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and WHEREAS, Vesting Tentative Map No.4544 , hereinafter referred to as the"Tentative Map;" was approved with conditions by the Fresno City Planning Commission on August 20, 2003 by Resolution No. 11900; and WHEREAS, the design of the Tentative Map results in a remnant area(the Subject Property) that must be combined with other property outside the limits of the Tentative Map in order to be configured into parcels suitable for development; and WHEREAS, a condition of approval of the Tentative Map requires the Covenantor to (a) designate the Subject Property for future residential use;(b)attempt to obtain fee title to additional property to the west of the Subject Property;(c)combine such additional property with the Subject property to create single family residential lots which conform to the R-1 zone district standards; and (d) upon creation of such lots, such lots may be developed with single family residences; or, the Subject Property may be sold to the adjacent property owner to the west; and WHEREAS, Covenantor is responsible for the maintenance of the landscaping and irrigation STATEMENT OF COVENANTS Landscape Maintenance Oudot A,Tract No. 4544 Page 3 system on the Subject Property until such time as single family residential lots which conform to the R-1 zone district standards are created or the Subject Property is sold to the adjacent property owner to the west; and WHEREAS, Covenantor has requested the City to proceed with the approval of the Final Map for Tract No. 4544. COVENANTS, CONDITIONS AND RESTRICTIONS NOW THEREFORE, it is agreed in consideration of the foregoing and the approval of the final map for the Subject Property by the City of Fresno, the Covenantor hereby covenants, promises and agrees with the City of Fresno for the benefit of said City that: 1. Said landscaping and irrigation system will be designed and installed according to improvement plans prepared by the Covenantor and approved by the Director of the Planning and Development Department. 2. Covenantor shall install such landscaping and irrigation system prior to the completion of the public improvements required under the terms of the Subdivision Agreement for Tract No. 4544, incorporated into this Covenant by this reference. 3. Covenantor shall maintain said landscaping and irrigation system in a manner acceptable to the Director of the Planning and Development Department until such time as the Covenantor presents documentation confirming that either single family residential lots which conform to the R-1 zone district standards have been created or the Covenantor has sold the Subject Property to the adjacent property owner to the west. 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 foregoing conditions shall remain in full force and effect until such time as the Director STATEMENT OF COVENANTS Landscape Maintenance Outlot A, Tract No. 4544 Page 4 of the Director fo the Planning and Develoopment Department issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 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. STATEMENT OF COVENANTS Landscape Maintenance Outlot A, Tract No.4544 Page 5 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation LENNAR FRESNO, Inc. a Califomia Corpor tion NICK P. YOVINO, Director Planning and Development Department By: Steve tton, Vice President (Attach Notary Acknowledgment) APPROVED AS TO FORM: Hilda Cantu Montoy City Atto By: Deputy Jg+AK 12-30-04 ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF Fresno } On January 26, 2005 before me, Tauna Rothermel , personally appeared STEVE LUTTON personally known to me ❑ 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), an 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. TAUNA RO'THER NIM WITNESS my hand and official seal. Commission#1351179 i Notary Public-Calli'omis Fresno County COMIn E)ViM Apr 13,2008 � l (Signatu,re � �4 (NOTARY SEAL) CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On February 24,2005, before me, Elvia Sommerville, Deputy City Clerk,personally appeared, Nick P. Yovino,Planning and Development Director, known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) 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 City Seal. REBECCA E. KL ISCH, CMC CITY CLERK 0 0 By � Deputy February 24,2005(8:06am)