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Home My WebLink AboutT-4931 - Agreement/Covenant - 8/15/2006 (3) I! C1-1Y OF FRESNO Qc/E w-Y.E-r DEPARTMENT 2040 1 hr-EjNyQ jTRFET 09/07/2000,20000108572 FKSNO CA 93721.3604 PLE CONFORM 3 .•s x.x.5..,. 5x:> � f3.• ,*t t.:t 3 ., rs€xs. ...�,. '-.'...3E:.£33.,i.:..f e,;3x{{is3i3i<ii;ix£{{3s<.i�x££,i5:5 3>f.xs<Si£i>s3x»..s>'s;E«s i 335iiiiiii•i#'�xsss"f F z<iiixz5x`s's' x•,.�.;'3.».z5..., £ x �E�ss zs.EtS5� �z5x3 E?£.)5:?it££,z 5:•{3>3£Fi£E5{ss3<.z i3£a R�/�■V�r. iy�...■y-.�_. ■/�■ .R .:■/.�■.. F � �. ..?Est€E€3<.333£s3$55z>z:y5 s�3?#x x?;;3>3lzjk5i's;;F�f31 ��>F 3 > <x i 5 i 3E; MOB >3{£{:5 StixE tEE E'F5 is MTI it IIwS' t E ll iiiiff3 i� �IFlliif€155 int�irEfEEi�3{ F�£€:305•:::�:. .5 5x.fk E. •�5..tx<.u.a..` .'S<nx3AF � <�ikk3 f£�3 3 st.�� EkRi}{S#k��' {EFti��i£E # j£333 Sj€ �� .�...... 33 .3 33�. ..... .5£s� s..... .34 ..... ,{;£?{>{£i 3:`3':•':;::? z.:....E.isa.x,53»»5„;355£JSi3t&5.5. {{5£{gi?£v<s 3zE<s£.££53£s:5,.,f� 335z:::55.F3ti113>E:55515#5:51�3��3.� �� 3i �3�`. P.W. File No. 10240 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR PLANT AND MAINTAIN FRONT YARD TREES FOR TRACT NO. 4931 (Phase I of Vesting Tentative Map of Tract No. 4931) RECITALS A. WHEREAS, WESTCAL, 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 60 inclusive of Tract No. 4931 according to the map thereof recorded in Volume —`�—of Pages , and o2 , Fresno County Records, Fresno County. 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 60-lot single-family residential subdivision project. E. The City of Fresno desires to obtain covenants from the Covenantor to STATEMENTS OF COVENANTS Plant and Maintain Front Yard Trees Tract No. 4931, Phase I of Tentative Tract No. 4931/UGM Page 2 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, and approval of, the Covenantor's application for approval of Final Tract Map No. 4931, which is to be improved with public streets having a right-of- way width of 50 feet, for the Subject Property as referred to hereinabove, 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 of each lot with a minimum of 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 a minimum of 2 medium size trees or small trees which ever may be the case. C. The single-family residential subdivision shall be developed in substantial conformance with Vesting Tentative Tract No. 4931 dated , March 15, 2000. 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 STATEMENTS OF COVENANTS Plant and Maintain Front Yard Trees Tract No. 4931, Phase I of Tentative Tract No. 4931/UGM Page 3 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 City of Fresno, pursuant to the district amendment procedure of the Fresno Municipal Code, finds the enforcement of such condition is no longer equitable. 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. DATED: 29 Zyvo CITY OF FRESNO, COVENANTOR a Municipal Corporation WESTCAL, INC. a California Corporation By: ovino, Director Dev lopment Departmentc . APPROVED AS TO FORM: By; Jer A eY ng President Hilda Cantu Montoy City Attorney By: By: 14 Deputy hn A. Bonadelle, Vice President rcUJWrclfil s/doc ments/COVT4931 (Attach Notary Acknowledgment) STATE OF CALIFORNIA, }COUNTY OF Fresno S.S. On July 21, 2000 before me, Anna M. Renna a Notary Public in and for said County and State, personally appeared Jerzy A. DeYoung and John A. Bonadelle personally known to me ( FOR NOTARY SEAL OR STAMP to be the person(s) whose name(s)Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in /their 5;:o:r�F ANNA M. RENNA authorized ca acit les , and that b hWher/their � a COMM. IC-CA IF C3 P Y( ) Y m NOTARY PUBLIC-CALIFORNIA 07 signature(s) on the instrument the person(s), or m = ® 'R PRINCIPAL OFFICE IN the entity upon behalf of which the person(s) 00 My CommFRESNO COUNTY °,«o.,.•. ission Exp.Aug.30,2003 acted, executed the instrument. WITNESS hand and icial a I. Signatu oAfu----- STATE OF CALIFORNIA, COUNTY OF } S.S. On , before me, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP 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. Signature TE 180 Lepel(2-94) This form is furnished by Chicago Title Company r CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On 8/31 , 2000 before me, Jocelyne Gueret, Deputy City Clerk personally appeared Nick P. Yovino, Development Department Director personally known 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 By 4-PUTY