The URL can be used to link to this page

Home My WebLink AboutT-4947 - Agreement/Covenant - 8/14/2006 (4) 03j�8j�00j,?00100 4�s�S 1>"I► I,;31(a ...,:t=f=,s3';',.... ` ....' . : ........ .:At30V SPAGS F0 R4CORDE 'S USES;'{ ; P.W. File No. 10259 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 4947 WHEREAS, Trend Homes, 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 and being further subdivided by the final map of Lots 1 through 18 of Tract No. 4947 recorded in Volume Wof 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. 11403 of the Fresno City Planning Commission conditionally approved Vesting Tentative Tract No. 4947/UGM; and, Statement of Covenants Affecting Land Development for Landscape Maintenance Tract No. 4947 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 10-foot landscape easement along the rear property lines of all lots which back-onto North Polk Avenue, and in a 10-foot landscape easement along the side property lines of all lots which side-onto 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. 4947 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. 4947 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 part of said lots of the Subject Property. Statement of Covenants Affecting Land Development for Landscape Maintenance Tract No. 4947 Page 3 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. 4947/UGM. The first annual assessment is estimated at $162.00 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: 3- 15- O I CITY OF FRESNO, COVENANTOR a Municipal Corporation Trend Homes, Inc. A California Corporation By Mark I. Williamson, Director By: �Al Public Works Department Robert A. McCaffrey, Oresident APPROVED AS TO FORM: HILDA CANTU- OY By City Attorne bttari, Chi perating Officer By (Attach Notary Acknowledgment) Deputy CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) On ?) 115 ,2001, before me, 0C L E personally 0 appeared Mark I. Williamson 1 person ly own 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. K LISCH CITY CLERIC By PUT jb:1B FrOVLandacape 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, thoughit 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: HOME OF MRSOMS)OR BMW(IES) SIGNER(S) OTHER THAN NAMED ABOVE STATE OF CALIFORNIA ) SS. COUNTY OF FRESNO ) On February 9, 2001, before me, the undersigned, a Notary Public for the State of California, personally appeared, Robert A. McCaffrey and David Ciabattari, personally known to me ewe}to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that-leYshe/they executed the same in 4gm%er/their capacity(ies), and that by Meflrer/their signatures on the instrument the person(s) or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public L.S. My Commissio Expires: August 16, 2003 VICKI K.WASHER Commission#1229444 = Notary Pub('ic-Cafifomia Fnem County QMyCoMM.BPkM Aug 16.2DQi