HomeMy WebLinkAboutT-4971 - Agreement/Covenant - 8/15/2006 (3) PLEASE 0"ONFOW
06/25/2002,20020104900
ABOVSPAE AOR RECflRDERS ...;.
P.W. File No. 10384 Planning & Development Department
A.P.N. 430-226-01 & 06 City of Fresno
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
Plant and Maintain Front Yard Trees
RECITALS
A. WHEREAS, Samuel A. Lucido and Linda A. Lucido, hereinafter referred to as "the
Covenantor," are the owners 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 6, incl s* e, of Tract No. 4971 recorded in Volume�Q of Plats,
at Pages , 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 6- 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. 4971
Page 2
COVENANTS, CONDITIONS, AND RESTRICTIONS
For favorable action on, and approval of, the Covenantors application for approval of the Final Map
of Tract No. 4971, 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 of 2 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. 4971.
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.
STATEMENTS OF COVENANTS
AFFECTING LAND DEVELOPMENT
Tract No. 4971
Page 3
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.
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.
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STATEMENTS OF COVENANTS
AFFECTING LAND DEVELOPMENT
Tract No. 4971
Page 4
DATED: 6 - 1q - 0 2 COVENANTOR,
Samuel A. Lucido and Linda A. Lucido
CITY OF FRESNO, ;
a Municipal Corporation
Bj
By: Samuel A. Lucido
i . Yovino, Director
D elopment Department
BY:zi� �cv G' (
APPjAey
S TO FO M: Linda A. Lucido
Hildonto
City /
By:
Deputy (Attach Notary Acknowledgment
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA }
COUNTY OF . o }
T
On '2zl Z , before me, 6tLn
personally appeared ��/ /j(�� - 7
LLC /Y6
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.
CAROL J. NORRIS
COMM.#1341717
WITNESS my hand and official seal. NOTARY PUBLIC CALIFORNIA
FRESNO COUNTY
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@MY Comm.Expires Feb.22,2006
Signature tZ, (This area for official notarial seal)
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent
attachment of this certificate to another document.
THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type
THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages Date of Document
Signer(s) Other Than Named Above
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On / 2002 before me, /J
if. 111-21L'LL7-
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 �&�Z 2-,'�'1 -47�
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