HomeMy WebLinkAboutT-4717 - Agreement/Covenant - 8/17/2006 (2) RBTURM TO:
CITY OF FRESNO 95165808 ht,.:.;wtL; AT REQUEST OF
DEVE OP1*1ENT DEPARTU32rr CKICAG0 FiTIE
2600 Frn *Street
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FRESNO cw 93721,360a
�T _.,�MIIN. PAST-LM
DEC 2 71995
FRESNO COUNTY, CALIFORNIA
PLEASE CONFORM WILLIAM C.GREENWOOD,County Recorder
Donita Ghirn n##� FEE
------ABOVE SPACE FOR RECQAR�i�'R of ---- --- ___
P.W. File No. 9779 le )pmentuepartment
City of Fresno
COVENANT
LANDSCAPE MAINTENANCE
Tract No. 4717
Phase II of Vesting Tentative Tract No. 4377
WHEREAS, CENTEX REAL ESTATE CORPORATION, a Nevada 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 and being further subdivided by the
final map of Tract No. 4717 , consisting of Ninety-Two (92) lots according to the map
thereof recorded in Volume of Plats at Pages resno
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,
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 5, 6, 7, 8, 17, 18, 19, 20,
30 and 31 in a 15-foot easement along the rear and side property lines of all lots which
back-onto and side-onto the East Church Avenue frontage of said Subject Property; and,
Covenant/Landscape Maintenance
Tract No. 4717
Phase II of Vesting Tentative Tract No. 4377
Page 2
WHEREAS, Resolution No. 91-511 of the Council of the City of Fresno
conditionally approved Tentative Tract No. 4377; 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. 4717.
NOW THEREFORE, it is agreed:
1. In consideration of the foregoing and the approval of the final subdivision
map for Tract No. 4717 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
'r
Covenant/Landscape Maintenance
Tract No. 4717
Phase II of Vesting Tentative Tract No. 4377
Page 3
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.
Covenant/Landscape Maintenance
Tract No. 4717
Phase II of Vesting Tentative Tract No. 4377
Page 4
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
;ender includes the other genders, the singular includes the plural, and the plural includes
the singular.
DATED: Dere 2r, Zg /995
CITY OF FRESNO, COVENANTOR
a Municipal Co oration
CENTEX REAL ESTATE
By CORPORATION, a Nevada Corporation
Alvin P. Solis, Director
Development Department
BY:
APPROVED AS TO FORM: 74-
ood, Project Manager
HIL U MON
Ci Atto
By
Deputy
(Attach Notary Acknowledgement)
Covenant/Landscape Maintenance
Tract No. 4717
Phase II of Vesting Tentative Tract No. 4377
Page 5
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On 121 , 1995, before me,
personally appeared ��P. �4o -�v 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 siQnature(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.
JACQUELINE L. RYLE, CMC
CITY CLERK
By C•n.
DEPUTY
LR:d1k:K:\common\T4717.00 V
STATE OF CALIFORNIA }
S.S.
COUNTY OF TULARE }
On Ce w\b-fL L4, C1 before me, R. Hensley, a Notary Public in and for said
County and State, personally appeared Robert L. Wood 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
R.HENSLEY
COMM.if 1005579 Z
Sl Z ?- Notary Public—California >
Signature I Z `' TULARE COUNTY
MY Comm.Expires SEP 26.1997
City of Fresno
Covenant/Landscape Maintenance
Tract No. 4717