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Home My WebLink AboutT-4594 - Agreement/Covenant - 8/21/2006 (3) T&. 94081130 t%*WED AT REQUEST OF k' CITY OF FRESNO FIRST M 11 MSURA COM PAW + DEVEIAPMM DEPARTMENT wo Fero Street ' �RE�vo CA ymiasw A Nit. PAST 1 r MAY 12 1994 q�Esut„wta+►..�.t��oaw+► WUM c.OMWX o.Cewft ftWdW PLEASE CONFORM � W_ g -------------------ABOVE SPACE FORIW - - ------------- P.W. File No. 9561 Develop ent apartment City of Fresno COVENANT LANDSCAPE MAINTENANCE Tract No. 4594 WHEREAS, KAUFMAN AND BROAD OF FRESNO, 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 in attached Exhibit "A" , said property being further subdivided by the final map of Tract No. 4594 , consisting of Eighty-Six (86) 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 30 through 36 , inclusive in a 20-foot easement along the rear and side property lines of said lots which back-onto and side-onto the East Nees Avenue, and install landscaping and an Covenant/Landscape Maintenance Tract No . 4594/UGM 517 Page 2 irrigation system for Lots 1, 36, 37, 38, 49, 50, 51, 63, 64, 76, 77, 78, and 86 in a 10-foot easement along the rear and side property lines of all lots which back-onto and side-onto the North Millbrook Avenue frontage of said Subject Property; and WHEREAS, Resolution No. 10516 of the Fresno City Planning Commission conditionally approved Tentative Tract No. 4594 ; 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. 4594 . NOW THEREFORE, it is agreed: 1 . In consideration of the foregoing and the approval of the final subdivision map for Tract No. 4594 by the City of Fresno, the undersigned hereby covenants, promises and agrees with the City of Fresno for the benefit of said City that : 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 Covenant/Landscape Maintenance Tract No. 4594/UGM 517 Page 3 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. 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. Covenant/Landscape Maintenance Tract No. 4594/UGM 517 Page 4 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. DATED: CITY OF FRESNO, COVENANTOR a Municipal Corration QBy KAUFMAN AND BROAD OF FRESNO, INC. Alvin . Solis, Director a Califor a Cor ration Development Department APPROVED AS TO FORM: By: J S P. LOU City A orne Warren Kiggins, Ass' ant Secretary By By: Deputy William P. West Assistant Secretary (Attach Notary Acknowledgment) STATS OF CALIFORNIA ) COUNTY OF Frt srt o j ON Apr. 13 _ )9q4 before ■e, the undersigned, a Notary Public in and for sai-cj State, personally appeared Wgtrren iqq i n and wellidm P. we personally known to ■ (or proved to ■e 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. o. m CDca EMEM rotary ublic n and for said County and State elftmWo.-M. 3 M j1 Covenant/Landscape Maintenance Tract No. 4594/UGM 517 Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On . g H. 1994, before e, '�''�'' personallf appeared Qru personally known to me (or provided to me on the basis of satisfactory evidence) to be the persons(,) whose name()() is/awe subscribed to the within instrument and acknowledged to me that he/=s4eV+ _yj executed the same in his/ authorized capacity(ies) , and that by his/ #eie signature(() on the instrument(g) the person(A) , or the entity upon behalf of the CITY OF FRESNO of which the person(}) acted, executed the instrument . WITNESS my hand and official seal. JACQUELINE L. RYLE, CMC CITY CLERK By C4n DEPUTY LR:crm LAND430/+6860 GL2 L23 Tract No. 4594 P.W. No. 9561 EXHIBIT "A" The Subject Property referred to in these covenants is situated in the State of California, County of Fresno, City of Fresno, and is described as follows: The East half of Lots 85 and 86 of Perrin County No. 2, according to the amended map thereof recorded in volume 41 Page 68 of Plats, Fresno County Records . Together with that portion of East Nees Avenue vacated by .Fresno City Council Resolution No. 94-85, recorded April 22, 1994, as Document No. 94069936, Official Records of Fresno County. LR:crm LAND430/+6858