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Home My WebLink AboutT-4961 - Agreement/Covenant - 8/14/2006 (4) 11/02/2001,20010181988 3 3 k3 33 S! 3 3�3:gp?1ki 3?`Al P.W. File No. 10349 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 4961 WHEREAS, The McCaffrey Group, 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 as: Lots 1 through 43,,of Final Tract Map No. 4961, in the City of Fresno, Co un of Fresno, State of California, according to the map thereof recorded on 2001, in Volume 6:5 of Plats at Page(s), : Fresno County Records. 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. 11441 of the Fresno City Planning Commission conditionally approved Vesting Tentative Tract No. 4961/UGM; and, Statement of Covenants Affecting Land Development for Landscape Maintenance Tract No. 4961 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 or side-onto North Polk Avenue, and in a 15-foot landscape easement along the side property lines of all lots which back or side-onto West Bullard 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. 4961 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.496.1 to the City's Community Facilities District No.2 as approved by the City Council; and; Statement of Covenants Affecting Land Development for Landscape Maintenance Tract No. 4961 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 Tract No. 4961/UGM. The first annual assessment is estimated at $.145.48 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: 1Q -1 —01 CITY OF FRESNO, COVENANTOR a Municipal Corporation The McCaffrey Group, Inc. A California Corporation B Y Mark I. Williamson, Director By: Z' Ro ert A..McCaffrey, President Public.Works Department APPROVED A3 TO FORM: -11U DAC . -MONTOY By: � City Attom avid.Ciabattad, Ch' Operating Officer By (Attach Notary Acknowledgment) Deputy 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/she/they executed the same in 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 L.S. My Commission E .pires: Ari 29 003 NICOLE .M..GALVAN. Comm.#1217490 'A N NOTARY PUBLIC•CALIFORNIA Fresno County My Comm. Expires April 29,*3 ,. CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) on October 17 ,2001, before me, Elvia Sommerville personally appeared Mark I. Williamson . Public works Director 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 jbJB Fr4961Lv►dicape Mikdemnce Covemnt,wpa (09/19/2001)