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Home My WebLink AboutT-4945 - Agreement/Covenant - 8/14/2006 (3) i CITY 19F FRESNO 12i27i2eee,2eeee158186 OE 10PfIENT DEPARTMENT 26;JO FRESNO STREET FRESNO CA 93721-3604 10 PLEASE CONFORM 51 i;.....,:k „5 111 :...,t ; ...# k a;..: +►Bt�'/lRIM 11 RFIM V•. III ...Rlw ..... P.W. File No. 10258 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 4945 WHEREAS, McCaffrey Development, L.P., a California Limited Partnership, 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 and being further subdivided by the final map of Lot 1 through 17 of Tract No. 4945 recorded in Volume�4 of 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 WHEREAS, Resolution No. 11420 of the Fresno City Planning Commission conditionally approved Vesting Tentative Tract No. 4945/UGM; and, Statement of Covenants Affecting Land Development for Landscape Maintenance Tract No. 4945 Page 2 WHEREAS, Covenantor is required by the City as a condition of vesting tentative map approval to install landscaping and an irrigation system in a 15-foot landscape easement along the rear property lines of all lots which back-onto West Bullard Avenue, and in a 10-foot landscape easement along the rear property lines of all lots which side-onto or back-onto West Browning and North Dante Avenues of the subdivision. WHEREAS, said condition 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 THEREFORE, it is agreed: 1. In consideration of the foregoing and the approval of the final map of Tract No. 4945 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 Services Department, and the Covenantor will request the City to annex said Tract No. 4945 to the City's Community Facilities District No. 2 as approved by the City Council; and 2. The Covenantor shall fully disclose this condition to every potential purchaser of any Statement of Covenants Affecting Land Development for Landscape Maintenance Tract No. 4945 Page 3 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 Tract No. 4945lUGM. The first annual assessment is estimated at $291.00 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. DATED: /��,P..�6•e- /9 zooz� CITY OF FRESNO, a Municipal Corporation COVENANTOR McCaffrey Development, L.P. A California Limited Partnership By BY: McCaffrey Construction, Inc., Mark I. Williamson, Director General Partner Public Works Department By. /f� � Robert A. McCaffrey, s President APPROVED AS TO FORM: HILDA CANTO-MONTOY City Attorne By: �2d David Ciabattari, Chief erating Officer By Deputy (Attach Notary Acknowledgment) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) On 'ua l n1 er 1 ,2000, before me, personally appeared Mark I. Williamson 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 jb:JB Fr49451,andacape Maintenance Covenant.wpd (11/06/2000) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, , personally appeared , ❑ 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. SIGNATURE OF NOTARY OPTIONAL The data below Is not required by law, though It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ TRUSTEE(S) NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT PERSON SIGNING IS REPRESENTING: NAM OF PERSON(S)OR EW"Y(IES) SIGNER(S) OTHER THAN NAMED ABOVE STATE OF CALIFORNIA ) SS. COUNTY OF FRESNO ) On Dec . 4 , 2000 }},,efore e, t11e undersigned, a Notary Public for the State of obertmA. McCaffrey & California, personally appeared, David r; Ahattarj =M0AOffAMk x I� Ikg(or personally known to me) to be the person(s) whose names) are subscribed to the within instrument and acknowledged to me thatlixkkeithey executed the same in hNMKtheir authorized capacities, and that by;bWl /their signatures on the instrument the person(s) or the entity on behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Notary Public L.S. My Commission Expires: Aug. 16 , 2003 VICKI K.WASHER Commission# 1229449 Z Z =ci Notary Public-California Z Fresno County My Comm.apkes Aug 16,2003