HomeMy WebLinkAboutT-4944 - Agreement/Covenant - 8/15/2006 (4) CITY OF FRESNO
DEVELOPMENT DEPARRIENT
2600 FRESNO STREET
FRESPrO CA 93721-3604 11/01/2000,20000134436
PL&ISE CONFORM
ABOVE SPACE FOR RECORDER'S USE
P.W. File No. 10233 Development Department
City of Fresno
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 4944
(Phase II of Vesting Tentative Map of Tract No. 4384)
WHEREAS, REXFORD PROPERTIES, LLC, a Limited Liability Company,
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 84 inclusive of Tract No. 4944 according to the map thereof
recorded in Volume GLA of Plats at Pages Yl an
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
Statement of Covenants
Landscape Maintenance
Tract No. 4944, Phase II of Vesting
Tentative Map of Tract No. 4384/UGM 511
Page 2
WHEREAS, Resolution No. 10504 of the Fresno City Planning Commission
conditionally approved Vesting Tentative Map of Tract No. 4384/UGM 511 and,
WHEREAS, a condition of approval of Vesting Tentative Map No. 4384, is the
responsibility to maintain the landscaping within the10-feet wide landscape easements
required along the rear and side property lines of all lots along West Barstow Avenue.
All final map phases of Vesting Tentative Map No.4384 are required to annex to the City's
landscape maintenance district and be assessed its fair share of the maintenance cost for
such landscape easements whether or not such easements are within a final map phase.
WHEREAS,the final map of Tract No. 4384 (Phase 1 of Vesting Tentative Map No.
4384) was annexed into the City's Community Facilities District No. 2 (CFD-2) to satisfy
a portion of the tentative map landscape maintenance requirement. Future final map
phases of Vesting Tentative Map No. 4384 will complete the required landscaping as well
as annexing into CFD-2 and be assessed its fair share of the maintenance cost for such
landscape easements; and
NOW THEREFORE, it is agreed:
1. In consideration of the foregoing and the approval of the final map of Tract
No. 4944 by the City of Fresno, the Covenantor hereby covenants, promises and agrees
with the City of Fresno for the benefit of said City that Covenantor will request the City to
annex the Subject Property to the City's Community Facilities District No. 2.
Statement of Covenants
Landscape Maintenance
Tract No. 4944, Phase II of Vesting
Tentative Map of Tract No. 4384/UGM 511
Page 3
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 Vesting Tentative Map of Tract
No. 4384/UGM 511. The first annual assessment is estimated at$50.00 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.4944, Phase II of Vesting
Tentative Map of Tract No.4384/UGM 511
Page 4
DATED: oder i724ge
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
REXFORD PROPERTIES, LLC
A Limited Liability Company
By
MARK I. WILLIAMSON, PE, DIRECTOR
Public Works Department
By:
Richard K, Ehrlich, President
APPROVED AS TO FORM:
HILDA CANTU- NTOY
City Attorney
(Attach Notary Acknowledgment)
By
Deputy
ti C
STATE OF CALIFORNIA }
COUNTY OF ) SS.
On-'='" 274 , before me,
personally appeared --D G�
personally known to me (or proved to be 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 capaciry(ies),and that by.his{her/their ` ' L P. LEHMANCM.#118159 CD
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slgnatare(s) on the instrument the person(s) or the entity upon behalf of m �e O o NOTARY PUBLIC-CALIFORNIA W
C13 PRINCIPAL OFFICE IN
which the person(s) acted, executed the Instrument. °, FORN My CommissionFRESNO CUNTY
Exp May 26,2002Vo
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WITNESS my hand official seal.
Signature (This area for official notarial seal)
Y
CLERICS CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
On
6)1 17 l� , 2000, before me, `
personally appeared 2�/all -T, L fLd.L h'
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
DEPUTY
Ir
FT4944FD2.DOC (06212000)