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)