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HomeMy WebLinkAboutT-4961 - Agreement/Covenant - 8/14/2006 (3) 11/02/2001,20010181907 OMNI P.W. File No. 10349 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT (Final Tract Map No. 4961) Plant and Maintain Front Yard Trees RECITALS A. WHEREAS, The McCaffrey Group,'Inc., a California.Corporation, 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 through 43, of Final Map of Tract No. 4961, in the City of Fr no, County of Fresno, State of Califox Noaccording to the map thereof recorded o&-)"/ e'er• �-- 2001, in Volume of Plats at Page(s), 4EFresno County Records. 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 43- 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. 4961 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. 4961, which is to be improved with public streets having a right-of- way width of 50 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 of2 medium size trees with the provision that each medium size tree may be substituted with two (2) small trees. 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. 4961. Qi. STATEMENTS OF COVENANTS AFFECTING LAND DEVELOPMENT Tract No. 4961 Page 3 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 municip4 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. 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. STATEMENTS OF COVENANTS AFFECTING LAND DEVELOPMENT Tract No. 4961 Page 4 DATED: t D— 15--01 CITY OF FRESNO, COVENANTOR, a Municipal Corporation The McCaffrey Group, Inc., A California Corporation By: P. Yovino, Director By:. De lopment Department Robert A. McCaffrey, Y President APPROVED AS TO FORM: Hilda Can Mo y City ey By: By Deputy avid Ciabattari, C ' Operating Officer STATE OF CALIFORNIA ) SS. COUNTY OF FRESNO ) On September 28,2001, before me, the undersigned, a Notary Public for the State of California, personally appeared, Robert A. McCaffrey and David Ciabattari, personally known to me(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/shelthey executed the same is his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity(ies) on behalf of which the person(s) acted,executed the instrument. WITNESS.my hand and official seal. Notary Public 1 L.S. My Commission Ex ires: Aril 2 0 3 NICOLE M. GAIVAN Comm.l'1211490 'A N NOTARY PUBLIC-CALIFORNIA N Fresoo County MPA" My Comm. Expires April 29,2003 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On October 17 , 2001 before me, Elvia Sommerille personally appeared Nick P. Yovino , Development Director 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 than 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 c a By - DEPUTY ■