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Home My WebLink AboutT-4801 - Agreement/Covenant - 8/16/2006 (3) CONFORM: COPY 02!08!2000,20000015274 ABOVE SPACE FOR RECORDER'S USE P.W. File No. 10197 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 4801 (Phase IV of Vesting Tentative Map of Tract No. 4421) WHEREAS, PATRIOT HOMES-FRESNO IV, LLC, a Limited Liability Company, 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; Lots 1 through 145 inclusive of Tract No. 4801 recorded in Volume �P� ,of Plats at Pages _ and S' , 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 I 1 I Statement of Covenants Landscape Maintenance Tract No. 4801, Phase IV of Vesting Tentative Map of Tract No. 4431/UGM 505 Page 2 WHEREAS, Resolution No. 10465 of the Fresno City Planning Commission conditionally approved Vesting Tentative Map of Tract No. 4421; 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 through 17 and 73 and 74 inclusive, in a 10-foot landscape easement along the rear and side property lines of said lots which back-onto and side-onto the West River Vista Drive frontage the of said Subject Property; and 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. 4801 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 Statement of Covenants Landscape Maintenance Tract No. 4801, Phase IV of Vesting Tentative Map of Tract No. 4431/UGM 505 Page 3 No.4801 to the City's Community Facilities District No. 2 as approved by the City Council on December 14, 1999; and 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. 4431/UGM 505. The first annual assessment is estimated at $ 63.00 per lot. The 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. 4801, Phase IV of Vesting Tentative Map of Tract No. 4431/UGM 505 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: E)2CeM CITY OF FRESNO, COVENANTOR a Municipal Corporation PATRIOT HOMES-FRESNO IV, LLC A Limited Liability Company By G kuh A. White, Director b c Works Department , By David Schwartzman Manager APPROVED AS TO FORM: HILDA CANTYJ-MONTOY City Attorn By 4�7 Deputy (Attach Notary Acknowledgment) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On December 20th 1999, before me, Jocelyne Gueret, Deputy personally appeared __ John A. White, Public Works Director 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 G-LA� 01 DEP Y it FT4801CFD2.DOC (11/08/1999) CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Q 5;A22&=,_k_S On ( �f before me, OATE personally appeared ❑ personally known to me - OR - EXproved to me on the basis of satisfactory evidence) to be the person(s) whose names Is re NOTARY STAMP OR SEAL subscribed to the within instrument and acknowledged o me tha<�he/they executed the same i hi er/their authorized capacity(ies), and that by is er/their signature(s) on the Katherine L.Mullikin instrument the person(s), or the entity upon behalf NOTARY PUBUC-0ACOMM.S LFORMIA of which theNTY OMM.EXTY LOS .JUNE1ES U.20 person(s) acted, executed the COMM.EXP.dUNE t2,xoox instrument. WITNESS my and d offi ial al. SIGNATURE Of NOTARY OPTIONAL 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 OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF DOCUMENT TMEM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ TRUSTEE(S) NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT PERSON SIGNING IS REPRESENTING: NNME OF PERSONSI0R VaMf1ESI SIGNER(S) OTHER THAN NAMED ABOVE f Tract No. 4801 , P.W. File No. 10197 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 8, 1999, in the office of the Fresno County Recorder, Document No. 19990133198 of which the Deed of Trust in by and between Patriot Homes-Fresno IV, LLC, a Limited Liability Company as Trustor, Stewart Title of California, Inc., a California Corporation, as Trustee and General Bank, a National 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. 4801, Phase IV of Vesting Tentative Tract No. 4421/UGM 505. Date: Veee,"k,' 3 , 19_�7 BENEFICIARY GENERAL BANK A National Bank I -� -:77- B,y: T By: (Attach Notary Acknowledgement) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On December 3, 1999 before me, Anna Choi Lo, notary public personally appeared EDDIE CHANG, SENIOR VICE PRESIDENT ®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 offici seal. com+*wn#1 � RE OF NOTARY Myr800 j m 1&20D1 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 Senior Vice President Subordination TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY IN FACT -1- NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR 12/3/99 DATE OF DOCUMENT ❑ OTHER: SIGNER IS REPRESENTING: General Bank SIGNER(S) OTHER THAN NAMED ABOVE Tract No. 4801 P.W. File No. 10 19 7 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on October 23, 1998, in the office of the Fresno County Recorder, Document No. 98155479 of which the Deed of Trust in by and between Patriot Homes IV, LLC, a Limited Liability Company as Trustor, Central Title Company, a California Corporation, as Trustee and MKA Capital Group, Inc., 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. 4801, Phase IV of Vesting Tentative /Tract No. 4421/UGM 505. DATED: �'l/ � y , 19 BENEFICIARY MKA CAPITAL GROUP, INC. a California Corporation $ . _ By: (Attach Notary Acknowledgement) STATE OF CALIFORNIA }ss. COUNTY OF On Na V, i , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me thatshelxhey executed the same it �i,4iwAheir authorized capacity(ies), and that by i3AieflWhe4 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. 1 Signature r GLORIA J.GARRic4 Commisslon fi 1092873 Notary Pubic—Caifornla Orange County My Comm.ExpIres Mar 25.2000 (This area for official notarial seal) Title of Document Date of Document 'Nc5 T f 2 2 No. of Pages J Other signatures not acknowledged &Z44 3008(1/94) (General) First American Title Insurance Company