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Home My WebLink AboutT-4781 - Agreement/Covenant - 8/16/2006 (2) IR1.-I � 3 O RECORT REQUEST OF CITY OF FRESNO GENTDED TITLE C_ PA Y DEM-OPME1 T DEPARnONT 26aoFreamoStreet AT MIN. PAST M FRESNO CA 93721-3604 AUG 12 1998 FRESNO COUNTY, CALIFORNIA WILLIAM C. GREENWOOD, County Record r Donita Ghimenti Iq FEE ABOVE SPACE FOR RE Y DE P.W. File No. 9985 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 4781 (Phase III of Vesting Tentative Map of Tract No. 4759) WHEREAS,GRANVILLE HOMES,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 and being further subdivided by the final map of Tract No. 4781, consisting of Sixty-Nine (69) lots according to the map thereof recorded in Volume of Plats at Pages and , 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, Resolution No. 10841 of the Fresno City Planning Commission conditionally C Statement of Covenants Landscape Maintenance Tract No. 4781, Phase III of Vesting Tentative Map of Tract No. 4759/UGM 578 Page 2 approved Vesting Tentative Map of Tract No. 4759; and, WHEREAS, Covenantor is required by the City as a condition of vesting, tentative map approval to install landscaping and an irrigation system for Lots 1 and 69 inclusive, in a 10-foot landscape easement along the side property lines of said lots which side-onto the North Chestnut Avenue frontage the of said Subject Property; and x WHEREAS, said condition of approval require that maintenance of the required landscape easements of said lots of the vesting tentative map shall be the responsibility of the homeowners association or the City's Community Facilities District No. 2 for the maintenance of the landscaping as directed or required by Director of the Public Works Department; and NOW THEREFORE, it is agreed: 1. In consideration of the foregoing and the approval of the final map of Tract No. 4781 by the City of Fresno, the Covenantor hereby covenants, promises and agrees with the City of Fresno for the benefit of said City that: 1.1 Said landscaping and irrigation system will be designed and installed according to a plan acceptable to the Director of the Parks, Recreation and Community Services Department, and the Covenantor will request the City to annex said Tract No.4781 to the City's Community Facilities District No. 2 as approved by the City Council on June 16, 1998; and Statement of Covenants Landscape Maintenance Tract No. 4781, Phase III of Vesting Tentative Map of Tract No. 4759/UGM 578 Page 3 2. The Covenantor shall fully disclose this condition to every potential purchaser of any part of said lots of the Subject Property. 3. The annual assessment represents the fair share of the cost for maintenance of the landscape easements maintained by the City within Vesting Tentative Map of Tract No. 4759/UGM 578. The first annual assessment is estimated at $ 99.94 per lot. Tho first annual assessment is only an estimate for the first year and the assessment may increase or decrease or decrease in future years. 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. This covenant shall be deemed released and of no further effect upon a written determination by the Director of the Public Works Department of the City of Fresno. Statement of Covenants Landscape Maintenance Tract No. 4781, Phase III of Vesting Tentative Map of Tract No. 4759/UGM 578 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 gender includes the other genders, the singular includes the plural, and the plural includes the singular. DATED: Jae CITY OF.FRESNO, COVENANTOR a Municipal Corporation GRANVILLE HOMES, INC. California Corporation By Ray and G. Salazar, Director ",i,Z. (r-, Public Works Department By: Fand s mi, President APPROVED AS TO FORM: HILDA CANTU-MONTOY (Attach Notary Acknowledgment) City Attorney v ' Deputy r Statement of Covenants Landscape Maintenance Tract No. 4781, Phase III of Vesting Tentative Map of Tract No. 4759/UGM 578 Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On June 22nd , 1998, before me, J o c e 1 y n e G u e r e t---- personally appearedRaynond Salazar, Director of Public Works Dept. _personally known tome (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 *DY Ir FT4781 CFD2.DOC (04/23/1998) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On May 20, 1998 before me, Sharon R. Mi 11 s, Notary Publ i c DATE personally appeared Farid Assemi personally known to me - OR - ❑ roved to me on the basis of satisfactory ry evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and NOTARY STAMP OR SEAL 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. Sharon R. Mille V Comm.#1036662 Q OTARY PUBLIC CALIFORNI WITNESS my hand and official seal. 2FRESNO COUNTY F Comm ExpiresAug.4 iM :, } .\..>. ..vx... ..:,.r: :...:.:.,:......'{v'. ..w v' v-.• :•{:v ... •:{:Vt.}:::{{{.ice{::' .h \y-..t ...4:::iJ•\C•.:•::v :ntk/.:.h'•.C:.:.. ..}.::.X:•.'ti•:q:•'•.,'-. .fin. :vj.:v:'nuv..if 9q:}:.?.{;}. {{�:4'•:{};:li •�}T.,•. :}:4.v :.{{.;.::t•}::•:::::}.h.:}v,{.:}•}•:••::::::-:•..}:}}}:{}:;}:,{.: y. .:: ..�:...:'\{;}:: }}:.{..-:::.6.v h.•.n}..{,'�.• �: .}..: .}{}}:}}:}v.:+�{•rr .}..:...r.... ::.t.:}::..•:::::,.,:{•::.{:} ..}� : .L......:. �}......•:}:::...•?.•7...:.tS.}`R:::'2.... ..k:}::{•}:2•:r}r'.•.:.:.:xwtf .•,-}'.`':'t'••••.: The data below Is not required by law,though It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OFATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF DOCUMENT LF ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ TRUSTEE(S) NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT PERSON SIGNING IS REPRESENTING: NAME Of PERSON(M OR EWr YgES) SIGNER(S) OTHER THAN NAMED ABOVE Tract No. 4781 P.W. File No. 9985 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 20, 1997, in the office of the Fresno County Recorder, Document No. 97079398 of which the Deed of Trust in by and between Granville Homes, Inc., a California Corporation as Trustor, American Securities Company, a Corporation as Trustee, and Wells Fargo Bank, a National Association 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. 4781, Phase III of Vesting Tentative Map of Tract No.4759 /UGM 578. DATED: May 15 , 19 98 BENEFICIARY WELLS FAR BANK, a National Association B . Kathleen Slote Senior Vice Presi ent By: Kristin Mil er Vice President (Attach Notary Acknowledgement) STATE OF CALIFORNIA COUNTY OF Contra Costa ss. On this 15th day of May , 19 98 , before me, Laurie M. Geiger a Notary Public in and for the State of California, personally appeared Kathleen Slote and Kristin Miller personally known to me (or proved on the basis of satisfactory evidence) to be the person(s) whose name(s) W4are subscribed to the within instrument and acknowledged to me that Ua4shaAhey executed the same in kris their authorized capacity(ies), and that by 4isAw4their 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 • LAURIE M.GEIGER Signatu a Commission#1100909 �Z ,-r' Notary Publlc—Calfornia Contra Coats County - My commission expires June 19, 2000 MYCOrnm Boos An 19,2000