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Home My WebLink AboutT-4768 - Agreement/Covenant - 8/17/2006 (2) RECORDED AT REQUEST OF MURNTO 96171303 FIDELITY NATION TITLE CITY OF FRESNO DEVELOnW?r DEPARTNUMet AT MIN. PAST M 2600 Freoo Stre FRESNO CA 93721-3604 DEC 311996 FRESNO COUNTY,CAUFORNIA WIUJAM C.GREENWOOD,County Recordw Donita Ghimenti FEE BY DEPUTY PECORDER S PV=-ASE COt%IF0FW�1 ABOVE SPA.CE FOR RECORDER`S USE. P.W. File No. 9844 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 4768 (Phase II of Vesting Tentative Tract No. 4664) WHEREAS, McCAFFREY DEVELOPMENT LP, a Californis Limited Partnership, 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. 4768, consisting of One Hundred Twenty-There (123) lots according to the map thereof recorded in Volume of Plats at Pages 4 5 .4 b . 41 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 Statement of Covenants Tract No. 4768/UGM 537 Phase H of Vesting Tentative Tract No. 4664 Page 2 WHEREAS, Covenantor is required by the City as a condition of final map approval to install landscaping and an irrigation system for Lots 1, 23, 24, 31, 32, 39, 40 through 44, 104 through 107, 109, 110, 117 throuth 123, inclusive in a 10-foot landscape easement along the the rear and side property lines which back-onto or side-onto West River Vista Drive frontage of said Subject Property; and WHEREAS, Resolution No. 10659 of the Fresno City Planning Commission conditionally approved Vesting Tentative Tract No. 4664; 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. 4768. NOW THEREFORE, it is agreed: 1. In consideration of the foregoing and the approval of the final subdivision map for Tract No. 4768 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 Statement of Covenants Tract No. 4768/UGM 537 Phase II of Vesting Tentative Tract No. 4664 Page 3 according to a plan acceptable to the Director of the Parks, Recreation and Community Services 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 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 GJ Statement of Covenants Tract No. 4768/UGM 537 Phase U of Vesting Tentative Tract No. 4664 Page 4 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: DECEMBER 20th, 1996 CITY OF FRESNO, COVENANTOR a Municipal Corporation McCAFFREY DEVELOPMENT LP, a California Limited Partnership By Alvin P. Solis, Director Development Department By: / 4 Robert A. McCaffrey, G&4nd Partner APPROVED AS TO FORM: By: HII,DA CANTLY-MO OY en Mc Caf y, Ge ral Partner Ci ey (Attach Notary Acknowledgment) By Deputy j STATE OF CALIFORNIA } ) SS. COUNTY OF FRESNO } On DECEMBER 3, 1996 , before me, R. LANIER, NOTARY PUBLIC , personally appeared ROBERT A. McCAFFREY and KAREN McCAFFREY personally known to me (+ar* e�reclr ®es ker*f a Eis � tfldE.'httt to be the person(s) whose names)**/are subscribed to the within instrument and acknowledged to me that 1Wt1kcYthey executed the same inAyi*hh"Itheir authorized capacity(ies),and that by kisfwrltheir 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. `• Signature �J (This area for official notarial seal) R. LAMER COMM. #997399 m NOTMRY KBM•CA ORW My Comm. SNo COUNTY ► Expires Aug.22, 1997b I CERTIFY UNDER PENALTY OF PERJURY THAT THE "NOTARY SEAL" ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY DATE COMMISSION EXPIRES PLACE OF EXECUTION DATE (Govt. Code, Sec. 27361.7) Signature (Firm Name If Any) Statement of Covenants Tract No. 4768/UGM 537 Phase H of Vesting Tentative Tract No. 4664 Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On , 1996, before me, personally appeared 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. REBECCA E. KLISCH CITY CLERK By DEPUTY Ir FT4768LM.DOC (11/06/1996) Tract No. 4768 P.W. File No. 9844 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on AUGUST 6, 1996 in the office of the Fresno County Recorder, Document No. 96101609 of which the Deed of Trust in by and between McCAFFREY DEVELOPMENT, L.P. , A CALIFORNIA LIMITED PARTNERSHIP as Trustor, COMMERCE SECURITIES CORPORATION , as Trustee, and VALLIWIDE 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 Final Tract Map No. 4768, Phase H of Vesting Tentative Tract No. 4664. DATED: NOVEMBER 27, 1996 By: (Attach Notary Acknowledgement) . r ;ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.59o7 State of CALIFORNIA County of FRESNO On NOVEMBER 27, 1996 before me, BRUCE BUTLER, NOTARY PUBLIC DATE NAME.TITLE OF OFFICER-E.G.,'JANE DOE.NOTARY PUBLIC' personally appeared EVELYN HOLLIMAN 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/am subscribed to th-e within instrument and ac- knowledged to me thatItalsheh&IIeV executed the same in hi2/her/ttstrc authorized ` capacity(ies), and that by #ois/her/#hiei: BRUCE BUTLER signature(s) on the instrument the person(s), V Comm•01070571 p t„ Puauc crura or the entity upon behalf of which the 2 C�Ex s p:t 2g. person(s) acted, executed the instrument. WITNESS,,ny hand and official seal. ✓ NATURE OF NOTA OPTIONAL Though 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 ❑ CORPORATE OFFICER TTTLE(5) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: ' NAME OF PERSON(S)OR ENT"PES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmel Ave..P.O.Box 7184-Canoga Park,CA 91309-7184