The URL can be used to link to this page

Home My WebLink AboutT-4902 - Agreement/Covenant - 8/14/2006 (3) ' CONFORMED COPY Wru a•v 77>-. N/16/2000,20000127398 CITY OF FRESNO DEVELOPMENT DEPARTMENT 2600 FRESNO STREET FRESNO CA 93721-3604 . sfs0£sl} ) s ".111. f3 s4Ei:ssss#s7#ts3sj£3s£x£;}£ft3 s i1E7}£sssfsxss•ss££33{ssff3}}ss sssss3£j}fi':;s•(.(I:iFj.(£3i5">(}I}}£ s ##'`jj}}7 F P.W. File No. 10206 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO PLANT AND MAINTAIN FRONT YARD TREES FOR TRACT NO. 4902 (Phase III of Vesting Tentative Map of Tract No. 4570) RECITALS A. WHEREAS, GRANVILLE HOMES, INC., California Corporation, hereinafter referred to as "the Covenantor," is the owner of that certain real property 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 100 inclusive of Tract No. 4902 according to the map thereof recorded in Volume 6Y of Pages �, J Z , and 3 :3 Fresno County Records, Fresno County. B. 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. C. All such instruments of Subordination, if any, are attached hereto and made a part of this instrument. D. The Covenantor has applied to the City of Fresno for a final subdivision map which would subdivide the subject property into a 100-lot single-family residential subdivision project. E. The City of Fresno desires to obtain covenants from the Covenantor to P � STATEMENTS OF COVENANTS Plant and Maintain Front Yard Trees Tract No. 4902, Phase III of Tentative Tract No. 4570/UGM 563 Page 2 insure that the Subject Property is not developed, used, or maintained in such a way as to adversely affect adjoining properties. COVENANTS. CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantor's application for approval of Final Tract Map No. 4902, which is to be improved with public streets having a right-of- way width of 50 feet, for the Subject Property as referred to hereinabove, the Covenantor hereby covenants that the Subject Property shall be held, conveyed, encumbered, used, occupied, developed, maintained, and improved subject to the following covenants, conditions, and restrictions, which are for the purpose of enhancing attractiveness, usefulness, value, and desirability of the Subject Property, the surrounding property, and the public at large and to minimize possible adverse effects on the public health, safety, peace, and general welfare. Each of the covenants, conditions, and restrictions contained in this Statement will run with the Subject Property and shall be binding on each successive owner of the Subject Property and his heirs, administrators, successors, and assigns. 1. Covenantor hereby covenants as follows: A. The Covenantor shall plant the front yard area of each lot with a minimum of 2 medium size trees with the provision that each medium size tree may be substituted with two (2) small trees. B. The Covenantor shall maintain in good health the a minimum of 2 medium size trees or small trees which ever may be the case. C. The single-family residential subdivision shall be developed in substantial conformance with Vesting Tentative Tract No. 4570 dated , March 1, 1999. 2. The conditions of this Statement are intended to benefit the public and public properties. Accordingly, the City of Fresno shall have the right to enforce this Statement by any legal or equitable means against the Covenantor and such person or persons in actual possession of Subject Property who directly or who through any STATEMENTS OF COVENANTS Plant and Maintain Front Yard Trees Tract No. 4902, Phase III of Tentative Tract No. 4570/UGM 563 Page 3 agent violate the terms hereof. All obligations of the Covenantor under this Statement shall inure solely to the benefit of the City of Fresno. There are no third party beneficiaries of such obligations nor shall the right of the City of Fresno be transferable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. 3. The foregoing conditions shall remain in full force and effect until such time as the City of Fresno, pursuant to the district amendment procedure of the Fresno Municipal Code, finds the enforcement of such condition is no longer equitable. 4. 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 other provision hereof. Whenever the context so requires, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. s• DATED: �" CITY OF FRESNO, COVENANTOR a Municipal Corporation GRANVILLE HOMES, INC. a California Corporation By: 44.=- Director Deve4bment Department APPROVED AS TO FORM: Cy Farid Assemi, President Hilda Cantu Montoy City Attorne By: uty (Attach Notary Acknowledgment) rcVJJrcl a documents/COVT4902 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c � State of California 11 ss. County of � I � On c before me, kk&6, YA +A'1 -ii ate Name and Title of Officer(e.g.,"Jan Doe,Notary Public") personally appeared n � A-(,se M L me(s)of Signers) personally known to me ❑ proved to me on the basis of satisfactory evidence l SUSAN L BOITANO to be the person(s) whose name(s) is/are Commbdon 12 169 subscribed to the within instrument and Notay p�_�a� acknowledged to me that he/she/they executed Fresno County the same in his/her/their authorized �MComlm.BOW Oct116=3 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. I WITNES my hand and off" seal. Place Notary Seal Above Signature of Notary Public II OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. I I Description of Attached Document I Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: I Capacity(les) Claimed by Signer Signer's Name: _ ❑ Individual . Top of thumb here ❑ Corporate Officer—Title(s): I" ❑ Partner—❑ Limited ❑ General ,I ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator i, ❑ Other: l � Signer Is Representing: I I i 0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 rte* 7 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On 10/3 , 2000 before me, JocelynP rnprPfi , 17-pnt41 ,i tTrl Grk personally appeared Nick P. Yovino, Di rPc-tnr of DPVP1 npment nep.:rtment personally known to me (or proved 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 which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK J By -r4PUT)o