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Home My WebLink AboutT-4902 - Agreement/Covenant - 8/14/2006 (4) re CONFORMED y COPY oepi,,J"M; 10/16/2000,20000127387 CITY OF FRESNO DEVELOPMENT DEPARTMENT 2600 FRESNO STREET FRESNO CA 93721-3604 ABOVE SPACE FOR RECORDER'S USE P.W. File No. 10206 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 4902 (Phase III of Vesting Tentative Map of Tract No. 4570) 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 as; Lots 1 through 100, inclusive of Tract No. 4902 according to the map thereof recorded in Volume of Plats at Pages 31432- and 3 3 , Fresno County Records, Fresno County. 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 Landscape Maintenance Tract No. 4902, Phase III of Vesting Tentative Map of Tract No. 4570/UGM 563 Page 2 WHEREAS, Resolution No. 10785 of the Fresno City Planning Commission conditionally approved Vesting Tentative Map of Tract No. 4570; 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 6, 43 through 47 and 52 through 62 inclusive, in a 20-foot landscape easement along the side and rear property lines of said lots which side-onto and back-onto the East Geary Avenue and install landscaping and an irrigation system for Lots 62 through 68 inclusive, in a 15- foot landscape easement along the side and rear property lines of said lots which side- onto and back-onto the South Sunnyside Avenue frontages of the said Subject Property; and WHEREAS, said conditions 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. 4902 by the City of Fresno, the Covenantor hereby covenants, promises and agrees with the City of Fresno for the benefit of said City that: { Statement of Covenants Landscape Maintenance Tract No. 4902, Phase III of Vesting Tentative Map of Tract No. 4570/UGM 563 Page 3 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 Covenantorwill request the City to annex said Tract No.4902 to the City's Community Facilities District No. 2 as approved by the City Council on April 02, 2000; 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. 4570/UGM 563. The first annual assessment is estimated at $ 116.00 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. 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 Statement of Covenants Landscape Maintenance Tract No. 4902, Phase III of Vesting Tentative Map of Tract No. 4570/UGM 563 Page 4 includes the other genders, the singular includes the plural, and the plural includes the singular. DATED: 5e10444 bay z��_ CITY OF FRESNO, COVENANTOR a Municipal Corporation Mask I, W1'11j'xMS0 / F C. GRANVILLE, INC. a i is Cor oratio By Director Public Works Department Farid Assemi, President APPROVED AS TO FORM: HILDA CAN MONTOY City Attor y By (Attach Notary Acknowledgment) Deputy 'e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On , before me, >j a Name and Titid of Officer(e.g.,"Jane Dod)Notary Public") I personally appeared � , Name(s)of Sig— er(g) personally known to me ❑ proved to me on the basis of satisfactory evidence I< SUSAN L BOITANO to be the person(s) whose name(s) is/are C0MMftstontt 1238169 subscribed to the within instrument and ��Y Pt,' c-CaROomia acknowledged to me that he/she/they executed Fremo Courcy the same in his/her/their authorized twC mIrmia"Noct16,2003i 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 y hand and official seal. I� J I I Place Notary Seal Above Signature of Notary Public I 'I 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. I1 Description of Attached Document Title or Type of Document: Document Date: Number of Pages: I 'I Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual I; Top of thumb here � ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General 11 ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: , I I Signer Is Representing: 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 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On 10/3 , 2000, before me, Jocelyne Gueret, Deputy City Clerk personally appeared Mark 1 . Williamson, Director of Public Works 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 DET Ir FT4902CFD2.DOC (07/11/2000)