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Home My WebLink AboutT-4920 - Agreement/Covenant - 8/15/2006 (4) Q�''tUti4.�U WHEN RECORDED EEL TO CITY OF FRESNO DEVELOPMENT DEPARTkIEI�T 26 O FRESNO STREET FRESNO ;A 93?21-36+34 08/01/2000,20000085292 PLFa,.SE C0141FOwl NO FEE -Government Code 6103 7 P.W. File No. 10230 City of Fresno Development Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE (Final Map of Tract No. 4920) WHEREAS, Central Pacific Builders 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 43 inclusive of Tract No. 4920 recorded in Volume of Plats at Pages , 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 WHEREAS, Resolution No. 11357 of the Fresno City Planning Commission conditionally approved Vesting Tentative Map of Tract No. 4920; and, WHEREAS, Covenantor is required as a condition of approval of said tentative J . STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 4920 Page 2 map to install and maintain landscaping and an irrigation system for Lots 1 through 10, inclusive, within the 10-foot landscape easement along the rear property lines of said lots which back-onto the North Blythe Avenue frontage and install and maintain landscaping and an irrigation system for Lots 1, 21 through 32, inclusive, in a 10-foot landscape easement along the rear and side property lines of said lots which back-onto and side-onto the West Spruce Avenue frontage of the Subject Property; and WHEREAS, said condition requires that maintenance of the required landscaping and irrigation system within said easements shall be the responsibility of the homeowners association or the City's Community Facilities District No. 2 as directed or required by Director of the Public Works Department. NOW THEREFORE, it is agreed: 1. In consideration of the foregoing and the approval of the final map of Tract No. 4920 by the City of Fresno, the Covenantor hereby covenants, promises and agrees with the City of Fresno for the benefit of said City that: a. 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 b. Covenantor will request the City to annex the Subject Property to the City's Community Facilities District No. 2. 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 the Vesting STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 4920 Page 3 Tentative Map of Tract No. 4920/UGM. The first annual assessment is estimated at $176.00 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. The foregoing conditions shall remain in full force and effect until such time as the Director of the Public Works Department of the City of Fresno issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 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 includes the other genders, the singular includes the plural, and the plural includes the singular. STATE OF California COUNTY OF EELS A-110 On kKk"� T c.a, d 0 before me, Richard P. Christensen, Notary Public _ ' + (Name, Title of Officer) personally appeared U-� L 0� �— ��\�� ,V l S 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. WITNESS my hand and official seal. M'9��ryry��.w 'B 0un VCM )y0 a: A,LN(10 0 S3H dc. -- NI9OId WdI0NIHd ffi CD [Lt VINtI0JI1V0.011611d A8V10N m a(Signatu�reof Notary Public) CD ZeIwwwo� N3SN31SIdNO'd QabH01a y..^�o (This area for notarial seal) STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 4920 Page 4 DATED: CITY OF FRESNO, a Municipal Corporation COVENANTOR Central Pacific Builders Inc., a California corporation By - C� Jh A. White, Director P li Works Department By: APPROVED AS TO FORM: Steve Lutton, President HILDA CANTO-MONTOY City Attorne By: By Rick Wisbett, Secretary Deputy (Attach Notary Acknowledgment) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On /kAa<-9— , 2000, before me, �L le t.c 2 'e� personally appeare �� % A 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 Byt :L.` rCy�JY�L'GGZ�t,ti1 � ? DEPUTY cfd2t4920 May 4,2000