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Home My WebLink AboutT-4607 - Agreement/Covenant - 8/18/2006 (2) r I 96050276 asrvArr m RECORDED AT REQUEST OF CITY OF FRESNO CENT tfTLE COMP DEVELO ► M D"ARTMWf AW 2600 Fra a Sired FloIFB O CA"721-M" AT MIN. PAST APR 19 19% FRESNO COUNTY, CALIFORNIA WILUAM C.GREENWOOD,County Rfoorder Donna Ghimenti EEE a� sE coNFoaf BY DEPUTY RECORDER $ .........:........: ......:. v .. .... .. . ... f;.SPAC .EOR EcOBDI_f3:<S<t1IS <: :::::<;<:;<:>:>:: :<:<-'r:::::.:.>::: P.W. File No. 9826 Development Department UGM No. 564 City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 4607 WHEREAS, COMMUNITY BIBLE CHURCH OF FRESNO, a California Non-Profit Organization, 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. 4607, consisting of Sixteen (16) 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 Lot 1 and 16 in a 10-foot easement along the Statement of Covenants Tract No. 4607/UGM No. 564 Page 2 North Maple Avenue frontage of the subdivision. WHEREAS, Resolution No. 10762 of the Fresno City Planning Commission conditionally approved Tentative Tract No. 4607; 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. 4607. NOW THEREFORE, it is agreed: 1. In consideration of the foregoing and the approval of the final subdivision map for Tract No. 4607 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 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 Statement of Covenants Tract No. 4607/UGM No. 564 Page 3 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. 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 Statement of Covenants Tract No. 4607/UGM No. 564 Page 4 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: 15/9�0 CITY OF FRESNO, COVENANTOR a Municipal Corporation COMMUNITY BIBLE CHURCH OF FRESNO, a California Non-Profit By Organization Alvin P. Solis, Director Development Department AL��By: J' lens, President APPROVED AS TO FORM: HMDA CANTU MONTOY City Attorney By: eith ng, ec tary By Deputy (Attach Notary Acknowledgment) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On 41115 , 1996, beforeme, personally appeared. d ttLA1--' personally known to me (or provided to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) islare 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. CITY CLERK REBECCA E. KLISCH- Bym DEPUTY BJW:bjw (02/13/1996) FT4607LM.DOC STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On February 29, 1996, before me, JANICE M. OWEN, a Notary Public in and for the State of California, personally appeared JIM WIENS, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument . WITNESS my hand and official seal . Signature JANICE M. OWEN COMM. #991092 -+ NOTARY PUBLIC-CALIFORNIA I FRESNO COUNTY My Comm,Expires Juy 23,1997 STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On February 29, 1996, before me, JANICE M. OWEN, a Notary Public in and for the State of California, personally appeared KEITH DeLONG, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal . Signature gieJANICE M. OWEN COMM. #991092BLI -� NOTARY PUC-CALIFORNIA ~ • FRESNO COUNTY My Comm.Expires July 23,1997 Tract No. 4607 P.W. File No. 9826 EXHIBIT "A" The North 260.00 feet of lot 165 of Tract No. 4191, Maple View II, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume 54 of Plats at Pages 56 through 59, Fresno County Records. BJW:bjw FT4607L.M.DOC Tract No. 4607 P.W. File No. 9826 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on January 30, 1995, in the office of the Fresno County Recorder as Document No. 95012560, of which the Deed of Trust in by and between Community Bible Church of Fresno, a California Non-Profit Organization, as Trustor, Regency Service Corporation, as Trustee, and Regency 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 Landscape Maintenance for Tract No. 46071UGM 564. DATED: Regency Bank, as Benefic' By: (Attach Notary Acknowledgement) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Lin ion ti_i Al County of 4v.i-D r-0 On ?�j- a&-9 4o before me, Date Name and TideOfficer(e.g.,'Jane Doe.Notary PubWj personally appeared Pyi Q i a A" kv-10hL( �— Name(s)of Signers) rsonally known to me–OR–❑proved to me on the basis of sati factory evidence to be the person(s) whose name(s) ' re bscribed to the ' hin instrument and acknowledg o me that he xecuted the same in ' r heir thorized capacity(ies),and that by -#�isfMerlair gnature(s)on the instrument the person(s), De Anna Johnson; or the entity upon behalf of which the person(s) acted, Q Comm #990243 executed the instrument. • ARV PuBuc CALIFORN{ FRESNO COUNTY ��7JJJ Coma,.Expires Apri T 1997 WITNESS my hand and official seal. Signature of N VAlic 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder.Call Toll-Free 1-800876-6827 Tract No. 4607 P.W. File No. 9826 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 26, 1994, in the office of the Fresno County Recorder as Document No. 94071747, of which the Deed of Trust in by and between Community Bible Church of Fresno, a California Non-Profit Organization, as Trustor, Central Title Company, a California Corporation, as Trustee, and Tulare County Mortgage, a California Corporation, as 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. 4607/UGM 564. DATED: 1914 Tulare County Mortgage, a California Corporation, as Beneficiary By: '9Z% tA&. By: (Attach Notary Acknowledgement) - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On March 27. 1996 before me, the undersigned DATE NAME.TME OF OFFICER-E.G-'JANE DOE NOTARY PUBLIC' personally appeared David C- Safina - --- NAME(S)OF SIGNER(S) ❑ 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 ac- knowledged to me that he/she/they executed � 5JRIck the same in his/her/their authorized L9,� F�v P�8�o 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. O'C/FORN► 4FScn=oR � ti�• WITNESS m hand and official seal. �r No Co Y EXPIRES,3 ;' I SIGNATURE OF NOTARY OPTIONAL eThough the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION Of ATTACHED DOCUMENT ❑ INDIVIDUAL L ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR IDIMPM f SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•SM R/nxml Ave..P.O.Box 7164•Canoga Park CA 91309.7164