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HomeMy WebLinkAboutT-4920 - Agreement/Covenant - 8/15/2006 (3) WHEN RECORDED [ L TO: CITY OF FRESNO DEVFLOPMENT DEPARTMENT 06/01/2000,20000063293 2600 FRESNO STREET FRESNO CA 93121-3604 NO FEE- Government Code 6103 P.W. File No. 10230 City of Fresno Development Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT Planting and Maintenance of Front Yard Trees (Final Map of Tract No. 4920) RECITALS A. WHEREAS, Central Pacific Builders Inc., a 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 43 of Tract No. 4920 recorded in Volume of Plats, Pages alL Fresno County Records. 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 43-lot single-family residential STATEMENTS OF COVENANTS Planting & Maintenance of Front Yard Trees Tract No. 4920 Page 2 planned development project. E. The City of Fresno desires to obtain covenants from the Covenantor to 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 the Covenantor's application for approval of the Final Map of Tract No. 4920, which is to be improved with public streets having a right-of-way width of 50 feet, including Lots 1, 2, 3, 18 through 22, inclusive, and 32, which front on public streets having a right-of-way width of 54 feet, 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 with a minimum of two (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 minimum number of medium size trees or small trees, which ever may be the case. C. The single-family residential subdivision shall be developed in STATEMENTS OF COVENANTS Planting & Maintenance of Front Yard Trees Tract No. 4920 Page 3 substantial conformance with the approved Vesting Tentative Map of Tract No. 4920. 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 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 Development Director of the City of Fresno issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 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. STATEMENTS OF COVENANTS Planting & Maintenance of Front Yard Trees Tract No. 4920 Page 4 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation Central Pacific Builders Inc., a By California corporation Nick . Yovino, Director Development Department By: tve Lutton, President APPROVED AS TO FORM: Hilda Cantu y, City Attorney By: Rick Nisbett, Secretary By (Attach Notary Acknowledgment) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On __n .��- , 2000 before personally appeared —YUo.-- 10 personally own 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 r a DEPUTY FORM COVENANT Front Yard Trees v5-1-00 t490 May 4,2000 STATE OF California COUNTY OF On �,� L Zo 0 ro before me, Richard P. Christensen, Notary Public (Name, 7rdeeoof Officer) personally appeared !S-(-t-0-e /kj CS personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) 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. 111C CAR P. CHRISTENSEm COMM 111188032 W co NOTARY PUBLIC-CALIFORNIA W fINCIPAL ignature of Notary Public) m pFRESNO COUSIN MY Commissbn EV,June B,2002 (This area for notarial seal)