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Home My WebLink AboutT-4974 - Agreement/Covenant - 8/14/2006 (2) ■ t (� _ WHEN RECORDED MAIL TO: IIII III III�III II III III III��IIII�III�II � II�III��III City Clerk FRESNO County Recorder City of Fresno Robert C, Werner 2600 Fresno Street DOC— 2003-0274470 Fresno, CA 93721-3603 Acct 4-Fidelity National Title Company Thursday, NOV 13, 2003 08:00:00 Tt 1 Pd $0.00 Nbr-0001310427 NO FEE- Government Code 6103 r g r/R 7/2-9 CITY OF FRESNO Planning and Development Department P.W. File No. 10523 JAF: 1978 North Milburn Ave. (T-4974, Lot 1) STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR PLANTING AND MAINTAINING FRONT YARD TREES FOR TRACT NO. 4974 STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No. 4974 Page 2 RECITALS 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 95, inclusive and of Tract No. 4974 according to the map thereof recorded on AlyvC,�nhe r 8 , 20D33 in Volume 63 of Plats at Pages _ +� 3 , Fresno County Records; and 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, the Covenantor has applied to the City of Fresno for a Final Map of Tract No. 4974 which would subdivide the subject property into a 95-lot single-family residential project which is to be improved with public streets having rights-of-way widths of 50-54 feet; and WHEREAS, the City of Fresno desires to obtain covenants from the Covenantor to insure that the Subject Property is developed in conformance with the provisions of City Council Resolution No. 98-129 and not developed, used, or maintained in such a way as to adversely affect adjoining properties. STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No. 4974 Page 3 COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on and approval of the Covenantor's application for approval of said Final Map, 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 provide and plant within the front yard area of each lot a minimum of two (2) medium size trees with the provision that each medium size tree may be substituted with two (2) small size trees. B. The Covenantor shall maintain such front yard trees in good health. 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 municipal corporation whose geographic boundaries include the Subject Property. f ,: STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No. 4974 Page 4 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 necessary. 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. 111 1 STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No. 4974 Page 5 DATED: X -2-R-0-3. CITY OF FRESNO, COVENANTOR a Municipal Corporation THE McCAFFREY GROUP, INC. a California Corporation By: ick P Yovino, Director Develdpment Department By: Robert A. McCaffrey, President APPROVED AS TO FORM: Hilda Cantu Montoy City Attorne By: '�� David Ciabattari, Chief Operating Officer By: Deputy (Attach Notary Acknowledgments) LDBE FORM Covenant Front Yard Trees v7-3-03 louisr 09-20-03 STATE OF CALIFORNIA ) SS. COUNTY OF FRESNO ) On October 7, 2003, 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 Aires• J uafy 1, 260 MICHELE L. HOGAN Commission at 1395535 -i Notary Public - California Fresno County My Comm.Expires Jan 21,2007 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On October 30, 2003, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Nick P. Yovino, Development Director, known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) 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. WITNE55 my hand and official City Seal. REBECCA E. KLISCH City Clerk By Deputy t. d Tract No. 4974/UGM P.W. File No. 10523 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on 91-"1 �— 0 5 , in the office of the Fresno County Recorder in Book , Page(s) Document No. Q,,c 2:3 of whi9 the Deed of Trust in by and between: Pi '.'C"Iqf'ecj as Trustor, c��,� ✓� , as Trustee, and as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for Planting and Maintaining Front Yard Trees for Tract No. 4974, of Vesting Tentative Map No. 4974. DATED: BENEFICIARY (Attach Notary Acknowledgement) A STATE OF CALIFORNIA ) SS. COUNTY OF FRESNO ) On October 8, 2003, before me, the undersigned, a Notary Public for the State of California, personally appeared, Thomas G. Walker, 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 Commissi ' Expires: November 23, 2005 R.LAMER Commiasion x 1331771 Z .� Notary Public—California Fresno County My Comm.Ejires Nov 23,2005