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Home My WebLink AboutT-4918 - Agreement/Covenant - 8/14/2006 (4) CITY OF FRESNO DEVELOPMENT QI:P,;RThtFNT �+ 2600 FRESNO STREET FRESNO CA 93721-3604 PLEASE CONFORM' ONFO 00/04/2001,20010061691 ABOVE SPACE FOR RECORDER'S USE P.W. File No. 10186 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 4918 (Phase II of Vesting Tentative Map of Tract No. 4188) WHEREAS, NORTHERN SUN VILLAS ESTATES,a California 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 as: Lots 1 through 50 inclusive of Tract No. 4918 according to the map thereof recorded in Volume of Plats at Pages F , 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 C• Statement of Covenants Landscape Maintenance Tract No.4918, Phase If of Vesting Tentative Map of Tract No.4188/UGM 400 Page 2 WHEREAS, Resolution No. 91-345 of the Fresno City Council conditionally approved Revised Vesting Tentative Map of Tract No. 4188/UGM 400 and, WHEREAS, a condition of approval of Vesting Tentative Map No. 4188, is the responsibility to maintain the landscaping within the 20-feet wide landscape easements required along the rear and side property lines of all lots along South Minnewawa Avenue. All final map phases of Vesting Tentative Map No.4188 are required to annex to the City's landscape maintenance district and be assessed its fair share of the maintenance cost for such landscape easements whether or not such easements are within a final map phase. WHEREAS, the final map of Tract No. 4918 (Phase 1 of Vesting Tentative Map No. 4188) was annexed into the City's Community Facilities District No. 2 (CFD-2) to satisfy a portion of the tentative map landscape maintenance requirement. Future final map phases of Vesting Tentative Map No.4188 will complete the required landscaping as well as annexing into CFD-2 and be assessed its fair share of the maintenance cost for such landscape easements; and NOW THEREFORE, it is agreed: 1. In consideration of the foregoing and the approval of the final map of Tract No. 4918 by the City of Fresno, the Covenantor hereby covenants, promises and agrees with the City of Fresno for the benefit of said City that Covenantor will request the City to annex the Subject Property to the City's Community Facilities District No. 2. c Statement of Covenants Landscape Maintenance Tract No.4918, Phase II of Vesting Tentative Map of Tract No.41881UGM 400 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. 4188/UGM 400. The first annual assessment is estimated at$24.00 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 affectthe 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. Statement of Covenants Landscape Maintenance Tract No.4918, Phase II of Vesting Tentative Map of Tract No.4188AJGM 400 Page 4 DATED: , 2t 2.e)O/ COVENANTOR CITY OF FRESNO, a Municipal Corporation NORTHERN SUN VILLAS ESTATES A California Limited Partnership By: Northern o Universal Fnterprises, Co a Califo Corporation, as Partner By . Mark I. Williamson, P.E., Director Public Works Department By: Joe W President APPROVED AS TO FORM: HILDA CAN '-MONTOY City Atto y (Attach Notary Acknowledgment) B 466eput'--7 Title or type of Document STATE OF CALIFORNIA Number of Pages Date of Document County of 62il Signer(s)Other than named below On 3 — c)j before me "Gc s 1'A personally appeared SU2 i «_ 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. �unnummnmmnueemmeneanem� WITNESS my hand and offic l seal. -% ELLA SMITH r COMM. #1284850 ..� Signature (Seal) NOTARY PUBLIC-CALIFORNIA M MERCED COUNTY Notary Public m and for said County andS61e X My Comm.Exp.Dec.13.2004 rhuuummuun�°ec:m�namm�nner�n�! Title or type of Document STATE OF CALIFORNIA Number of Pages Date of Document Signer(s)Other than named below County of On before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose narne(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 official seal. Signature (Seal) Notary Public in and for said County and State UD01 (Rev.4/94) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On April 30 , 2001, before me, Elvia Sommerville personally appeared Mark I. Williamson, Director Public Works Depart=nt 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 C G By DEPUTY Ir FT4918 CFD2.DOC (11/10/2000) Tract No. 4918 P.W. File No. 10186 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on February 28, 1997, in the office of the Fresno County Recorder, Document No. 97028071 of which the Deed of Trust in by and between Northern Sun Villas Estates, a California Limited Partnership, as Trustor, Stockton Financial Corporation a California Corporation, as Trustee and Stockton Savings Bank, a Federal Savings Bank, Trustee, 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. 4918, Phase II of Vesting Tentative Tract No. 4188/UGM 400 DATED: ' 19 BENEFICIARY STOCKTON SAVINGS BANK a Federal Savings Bank By: By: (Attach Notary Acknowledgement)