HomeMy WebLinkAboutT-4945 - Agreement/Covenant - 8/14/2006 (2) C,I Y OF FRESNO
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P.W. File No. 10258 Development Department
City of Fresno
STATEMENT OF COVENANTS
AFFECTING LAND DEVELOPMENT
(Tract No. 4945)
Plant and Maintain Front Yard Trees
RECITALS
A. WHEREAS, McCaffrey Development, L.P., a California Limited Partnership, 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 throw h 17 of Tract No. 4945 recorded in Volume of Pages
and , 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 map which would
subdivide the subject property into a 17- lot single-family residential 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.
STATEMENTS OF COVENANTS
AFFECTING LAND DEVELOPMENT
Tract No. 4945
Page 2
COVENANTS. CONDITIONS. AND RESTRICTIONS
For favorable action on, and approval of, the Covenantor's application for approval of the
Final Map of Tract No. 4945, which is to be improved with public streets having a right-of-
way width of 56 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 2 medium
size trees with the provision that each medium size tree may be substituted
with two (2) small trees.
STATEMENTS OF COVENANTS
AFFECTING LAND DEVELOPMENT
Tract No. 4945
Page 3
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 the approved Vesting Tentative Map of Tract No. 4945.
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
City of Fresno, pursuant to the district amendment procedure of the Fresno Municipal Code,
finds the enforcement of such condition is no longer equitable.
STATEMENTS OF COVENANTS
AFFECTING LAND DEVELOPMENT
Tract No. 4945
Page 4
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:
COVENANTOR
CITY OF FRESNO, McCaffrey Development, L.P.
a Municipal Corporation a California Limited Partnership
BY: McCaffrey Construction, Inc.,
General Partner
By: It
is ovino, Director _
Dev opment Department By:
RobertA. McCaffrey, President
APPROVED,AS TO FORM:
Hilda Cantd ntoy By:
City Attor y David Ciabattari, Chief Orperating Officer
1z
By (Attach Notary Acknowledgment)
Deputy
STATEMENTS OF COVENANTS
AFFECTING LAND DEVELOPMENT
Tract No. 4945
Page 5
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
Oj'G_i °/ , 2000 before me,
personally appeared Nick P. Yovino
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 &C'��,
DEPUTY
STATE OF CALIFORNIA )
SS.
COUNTY OF FRESNO )
On Dec. 4 , 2000 }},,efor n e, the undersigned, a Notary Public for the State of
olaere£ lA McCaffrey &
California, personally appeared, Davi d C.i ;:1battaxi ffAMktk
� af �St� i >3(or personally known to me) to be the person(s) whose name(s) are
subscribed to the within instrument and acknowledged to me that;txkh(2dthey executed the same
in 'NNA-Xtheir authorized capacities, and that byjijnG3Wthelr signatures on the instrument the
person(s) or the entity on behalf of which the persons acted, executed the instniment.
WITNESS my hand and official seal.
Notary Public
i,.S. My Commission Expires: Aug. 16 , 2003
VICKI K.WASHI R
J � Commission# 1729449
z aax�a*'a� Notary Public-California
Z Win+ Fresno County
My Comm.Bq*m Aug 16,2003