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Home My WebLink AboutT-4931 - Agreement/Covenant - 8/15/2006 (4) CITY DEVELUMENTdT eeie�i2eee,zeeeoies��a 2600 FREL n T FRESNO CA PLEASE CONr ORRM ABOVE SPACE FOR RECORDER'S USE P.W. File No. 10240 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 4931 (Phase I of Vesting Tentative Map of Tract No. 4931) WHEREAS, WESTCAL, 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 60, inclusive of Tract No. 4931 according to the map thereof recorded in Volume of Plats at Pages and , Fresno County Records, Fresno County. 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 1 , 1 Statement of Covenants Landscape Maintenance Tract No. 4931, Phase I of Vesting Tentative Map of Tract No. 4931/UGM Page 2 WHEREAS, Resolution No. 11389 of the Fresno City Planning Commission conditionally approved Vesting Tentative Map of Tract No. 4931; and, WHEREAS, Covenantor is required by the City as a condition of vesting tentative map approval to install landscaping and an irrigation system for Lots 1 and 60 inclusive, in a 20 foot landscape easement along the side property lines of said lots which side-onto the East Nees Avenue frontage the of said Subject Property; and WHEREAS, said conditions of approval require that maintenance of the required landscape easements of said lots of the vesting tentative map shall be the responsibility of the homeowners association or the City's Community Facilities District No. 2 for the maintenance of the landscaping as directed or required by Director of the Public Works Department; and NOW THERE=FORE, it is agreed: 1. In consideration of the foregoing and the approval of the final map of Tract No. 4931 by the City of Fresno, the Covenantor hereby covenants, promises and agrees with the City of Fresno for the benefit of said City that: 1.1 Said landscaping and irrigation system will be designed and installed according to a plan acceptable to the Director of the Parks, Recreation and Community S>ervices Department, and the Covenantor will request the City to annex 7 Statement of Covenants Landscape Maintenance Tract No. 4931, Phase I of Vesting Tentative Map of Tract Na. 4931/UGM Page 3 said Tract No.4931 to the City's Community Facilities District No. 2 as approved by the City Council on August 22, 2000; and 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 easE.Iments maintained by the City within Vesting Tentative Map of Tract No. 4931/UGM. The first annual assessment is estimated at $ 60.00 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 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. Statement of Covenants Landscape Maintenance Tract No. 4931, Phase I of Vesting Tentative Map of Tract No. 4931/UGM Page 4 2 DATED: Zoov CITY OF FRESNO, COVENANTOR a Municipal Corporation kla,k I V41liamsohf--IF- WESTCAL, INC. A California Corporation By ii�iir��i��► Director Public Works Department By: Jerry . e ou g, President APPROVED AS TO FORM: HILDA CANTO-MONTOY City Attorn By: t� (/ Joh A. Bonadelle, Vice President By Depu y (Attach Notary Acknowledgment) STATE OF CALIFORNIA, } S.S. COUNTY OF FYr.-,nn On July 21, 2000 , before me, Anna M. Renna a Notary Public in and for said County and State, personally appeared Jerry A. DeYcung and John A. Bonadelle personally known to me (OF-PFGVGd--t@-4pe-am FOR NOTARY SEAL OR STAMP t 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 him/their SES °;ref ANNA M. RENNA authorized capacity(ies), and that by /their ��' COMM.#1231165 co Q T NOTARY PUBLIC-CALIFORNIA CO signature(s) on the .instrument the person(s), or m ® PRINCIPAL OFFICE IN M the entityupon behalf of which the m FRESNO COUNTY po person(s) c^uFoa�"' My Commission Exp.Aug.30,2003 acted, executed the insument. WITNESS my hand and I 'al e Signatu 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 16+0 Legal(2-94) This form is furnished by Chicago Title Company CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On 8/31 , 2000, before me, Jocelyne Gueret, Deputy City Clerk personally appeared sack P. Williamson, Public works Director 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 By *D 'f Y Ir FT4931CFD2.DOC (07/05/2000)