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Home My WebLink AboutT-4598 - Agreement/Covenant - 9/29/2005 (9) E' ' WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 i -0971911005;19050130004 Cl:� 0— NO FEE-Government Code 6103 O � O Z U CITY OF FRESNO UPlanning and Development Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR PLANTING AND MAINTAINING FRONT YARD TREES FOR TRACT NO. 4598 PHASE I OF VESTING TENTATIVE MAP 4598 i 3 STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No. 4598 Page 2 RECITALS WHEREAS,LAFFERTY GDCI FRESNO L.P.,a Delaware Limited Partnership,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 86, inclusive and of Tract No. 4835 according to the map thereof recorded on � ��P1)7hP�' ?9 , 200 _ in Volume X73 of Plats at Pages lig/ 94- 62 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, the Covenantor has applied to the City of Fresno for a Final Map of Tract No. 4598 which would subdivide the subject property into a 86-lot single-family residential project which is to be improved with public streets having rights-of-way widths of 50=54 feet; and WHEREAS, the City of Fresno desires to obtain covenants from the Covenantor to insure that the Subject Property is developed in conformance with the provisions of City Council Resolution No.98-129 and 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 said Final Map, the Covenantor hereby covenants that the Subject Property shall be held, conveyed, encumbered, used, occupied, developed, maintained, and improved subject to the following covenants, c STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No.4598 Page 3 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 provide and plant within the front yard area of each lot a minimum of two (2) medium size trees with the provision that each medium size tree may be substituted with two (2) small size trees. B. The Covenantor shall maintain such front yard trees in good health. 2. The conditions of this Statement are intended to benefit the public and public 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 necessary. .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. T STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No. 4598 Page 4 DATED: AS O CITY OF FRESNO, COVENANTOR a Municipal Corporation LAFFERTY GDCI FRESNO L.P. By: 'LAFFERTY/LANDCASTLE, LLC a California Limited Liability Company By: its General Partner. Nvino, Director Pnanni5gand Development Depa ent By: affe , Managing Member APPROVED AS TO FORM: Hilda Cantu Montoy City Attorney C By: (Attach Notary Acknowledgments) Deputy LDBE FORM Covenant Front Yard Trees v9-17-03 louisr 04/04/2004,Revised 09-15-2004 r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �. State.of California 1 ss. County of On `1 ra D S before me, Date .�..Name and Title of Officer(e.g.,"JaneDoe,Notary Publid) personally appeared NamiLis f Signer(s) 9-personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person( whose names} is/afe-- '+'�'�' subscribed to the within. instrument and CAROL BROWON Comriribtlon N 1674491 acknowledged to me that he/sf3efthey executed NoftYPWAC-Gavonva the same in his/her, authorized CWftC0ftCovnM capacity(ioe), and that by his/hefAheir MV Cam 80m Apr 27,2000 signature(s}on the instrument the personal, or the entity upon behalf of which the person(&}- acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: C.oY�.ray."C co v� �ac-cl r r_zS Document Date: Number of Pages: y Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—O Limited ❑General. ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator El Other: Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotary.org Prod.No.5907 Reorder:Cell Toll-Free 1-800-876-6827 r CLERK'S CERTIFICATION STATE OF CALIFORNIA ) CO UNTY OF FRESNO ) CITY OF FRESNO ) On September 2,2005,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. KLISCH,o CMC CITY CLERK.`,-.• t By Deputy tember 2005(8:44am) Tract No. 4598/UGM 519 P.W. File No. 10545, SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on July 30, 2004, in the office of the Fresno County Records, Document No. 20040167603, of which the Deed of Trust in by and between: Lafferty GDCI Fresno, L.P., a Delaware Limited Partnership as Trustor,.Fidelity National Title Company, as Trustee, and Ohio Savings Bank, a federal savings bank, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for Planting and Maintaining Front Yard Trees for Tract No. 4598, Phase I of Vesting Tentative Map Tract No. 4598/UGM 519. DATED: Uk S& Le 5 o 9 TRUSTEE I BENEFICIARY By.. Ct-4rL I L f 4 rzI"7� (Attach Notary Acknowledgement) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Bernardino ISS. On July 26, 2005, before me, Thanhliem Brenda Le, Notary Public, personally appeared Victor P. Bessette, El personally known to me ❑ proved to me on the basis of satisfactory evidence THANHLIEM-BRENDA LE to be the person whose name is subscribed to QCommission# 1398188 the within instrument and acknowledged to me Notary Public—Callfomla that he executed the same in his authorized San Bernardino County capacity, and that by his signature on the MyComm.B0-9sFeb420D7 instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WI NESS y haaoffieal. .Place Notary Seal Above ub is ti OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Statement of Covenants Affecting Land Development for Planting and Maintaining Front Yard Trees for Tract No.4598 Phase I of Vesting Tentative Map 4598 Document Date: N/A Number of Pages: 7 Signer Other Than Named Above: Capacity Claimed by Signer Signer's Name: Victor P. Bessette RIGHTTHUMBPRINTI ❑ Individual ® Corporate Officer--Title: Vice President Top of thumb here ❑ Partner--❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Ohio Savings Bank Signer's Name: RIGHTTHUMBPRINT ❑ Individual ❑ Corporate Officer--Title: Top of thumb here ❑ Partner--❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: i`: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Bernardino ISS. On July 29, 2005, before me, Thanhliem Brenda Le, Notary Public, personally appeared Gary L.Arnett, ® personally known tome ❑ proved to me on the basis of satisfactory evidence THANHLIEM BRENDA LE to be the person whose name is subscribed to Commisslon� 1398188 the within instrument and acknowledged to me A� Notary PubIIC—Collfom►o : that he executed the same in his authorized San BerrYordlno County capacity, and that by his signature on the My ,�}resFeb4.2 instrument the person, or the entity upon behalf of which the person acted, executed the instrume TN S my hand d cial seal. Place Notary Seal Above atur o Notary c OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Statement of Covenants Affecting Land Development for Planting and Maintaining Front Yard Trees for Tract No.4598, Phase I of Vesting Tentative Map Tract no.4598 Date: NIA Number of Pages: 8 Signer Other Than Named Above: Capacity Claimed by SigneRIGHTITIUMBPRINTr Signer's Name: Gary L.Arnett OF SIGNER# I ❑ Individual Top of thumb here 0 Corporate Officer--Title: vice President ❑ Partner-- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Ohio Savings Bank Signer's Name: RIGHT THUMBPRINT ❑ Individual El Corporate Officer--Title: Top of thumb here ❑ Partner--❑ Limited ❑ General ❑ Attorney in Fact {' ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: