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Home My WebLink AboutT-4704 - Agreement/Covenant - 7/15/2008 i RECORCHI AT0 TITT`UL5S7 OF 96 1 1764 MIN. PAST M OCT 2 2 1996 FRESNO COUNTY, CALIFORNIA Recording Requested by WILLIAM C. GREENWOOD, County Recorder City Clerk, Fresno, California DOnItB Ghlfll2fltt No Fee-Govt. Code 6103 S / Return to City Clerk, Fresno BY DEPUTY RECORDER ✓✓✓ :>:'<:./ BfjV€.SPAG�.. ()R RCaRDi . P.W. File No. 9809 Development Department UGM No. 557 City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 4704 WHEREAS, HABITAT FOR HUMANITY 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 as: Tract No. 4704, according to the map thereof recorded in Volume , of Plats at Pages -` Fresno,County Records, consisting of Eighty-Nine (89) lots and two (2) Outlots; 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 Statement of Covenants Tract No. 4704/UGM No. 557 Page 2 install landscaping and an irrigation system for Lots 1,2, 20 through 30 and 83 through 89 in a 10-foot easement along the South Arthur Avenue frontage of the subdivision, landscape and an irrigation system for Lots 10 through 13 and 52 through 69 in a 10-foot easement along the South Fruit Avenue frontage of the subdivision, landscape and an irrigation system for Lots 69 through 83 in a 10-foot easement along the West Jensen Avenue frontage of the subdivision, landscaping and an irrigation system for Lots 44 through 47 in a 10-foot easement along the South Vagedes Avenue frontage of the subdivision, and a landscape and an irrigation system for Lots 1, 20, in a 5-foot easement along the West Grove Avenue frontage of the subdivision, a landscape and an irrigation system for Lots 30 and 89 in a 5-foot,easement along the West Garrett Avenue frontage of the subdivision. The two outlots for open space landscape purposes will have a landscape and an irrigation system and will be included in the City's Landscape Maintenance district. WHEREAS, Resolution No. 10737 of the Fresno City Planning Commission conditionally approved Tentative Tract No. 4704; with the requirement 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. 4704. Statement of Covenants Tract No. 4704/UGM No. 557 Page 3 NOW THEREFORE, it is agreed: 1. In consideration of the foregoing and the approval of the final subdivision map for Tract No. 4704 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 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 Statement of Covenants Tract No. 4704/UGM No. 557 Page 4 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 invalidityor 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 Munici al Co tion HABITAT.FOR HUMANITY FRESNO, INC., a California Corporation By Alvin P. Solis, Director Development Department By: t/,Ide Holmes, Executive Director APPROVED AS TO FORM: By: ins HILDA CANTiJ MONTOY Tony Carr, sident City Atto ey By Deputy (Attach Notary Acknowledgment) STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On this 2nd day of August, 1996 , before me, Julia E . Silverstrom, a Notary Public in and for said County and State, personally appeared, JACKIE HOLMES AND TONY CARR 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 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 . 74e-� o ry Public in(ai54 for said State .' JULIA E.SIWERSTROM COMM.#988471 -i •Notary Fume—COMMIG FRESNO COUNTY Comm.Expires MAR 21.1997 Statement of Covenants Tract No. 4704/UGM No. 557 Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On Alugust- 28t-h , 1996, before me, darel ynP gm-rPt personally appeared Alvin Solis, Dev. Direct. personally known to me (or provided 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 of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CITY CLERK REBECCA E. KLISCH By d a 0-� a �) -PUT bjw:BJW (12/13/1995) FT4704LM.DOC Tract No. 4704 P.W. File No. 9809 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 22, 1995, in the office of the Fresno County Recorder as Document No. 95121327 of which the Deed of Trust in by and between Heritage Manor Homes, a California Corporation, as Trustor, Chicago Title Company, as Trustee, and Habitat for Humanity Fresno, Inc., a California Non-Profit Public Benefit 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. 4704/UGM 557. DATED: Habitat for Humanity, Inc., a California Non-Profit Public Benefit Corporation, as Beneficiary. By: Ja 'e Holme , xecuted Director By: Tony Carr, P ent (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ) ss . COUNTY OF FRESNO ) On this 2nd day of August, 1996, before me, Julia E . Silverstrom, a Notary Public in and for said County and State, personally appeared, JACKIE HOLMES AND TONY CARR 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 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 . tary Publ ' c and for said State iLtUA E.SILVERSiROM COMM.f 988471 Notary Pubic—C00fW40 FRESNO COUNTY My Comm.Expires MAR 21.1941 Tract No. 4704 P.W. File No. 9782 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 21, 1995, in the office of the Fresno County Recorder as Document No. 95120634 of which the Deed of Trust in by and between Habitat for Humanity, a California Non-Profit Public Benefit Corporation, as Trustor, Chicago Title Company, as Trustee, and the City of Fresno, a Municipal 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. 4704/UGM 557. DATED: City of Fresno, a Municipal Corporation By: � C � �-- Michael A. Bierman, City Manager (Attach Notary Acknowledgement) C-ALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Califomia County of Fresno On a August, 1996 before me, T.n ,i s T. ' Notary Public, OATS wu+E,TM-Z-OFOFF1CS fpersonally appeared Mi rhaP1 A- Ri Prmnn XWEPCF ❑ 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 helsheAhey executed the same in his/her/their authorized capacity(ies), and that by his/hedthheir LOUIS J.STECK signature(s) on the instnnent the person(s), or the Q :d� COMM.#�saa � entity upon behalf of which the person(s) aged, Notary Public—California FRESNOCOUNTY executed the instrument._ MY Comm.Expires JUN 4,1997 WITNESS my hand and official seal. SG"rl -Of Wnmr OPTIONAL Though the data below is not required by law, a 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 ® CORPORATE City Manager TTLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTI-NOES) The City of Fresno SIGNER(S) OTHER THAN THOSE NAMED ABOVE ENCIMMauAs Aad ti 1994 f1