HomeMy WebLinkAboutT-4979 - Agreement/Covenant - 8/15/2006 (4) Recording Requested by
City Clerk, Fresno, California
No Fee-Govt. Code 6103
Return to City Clerk, Fresno
11/14/2001,20010188838
P.W. File No. 10347 Development Department
A.P.N. 403-050-14(Portion) City of Fresno
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 4979
WHEREAS, Central Pacific Builders,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 106 of Tract No. 4979 recorded in Volume of Plats,
at Pages , 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. 11582 of the Fresno City Planning Commission conditionally
approved Vesting Tentative Tract No. 4979/UGM; and,
Statement of Covenants Affecting Land Development
for Landscape Maintenance
Tract No. 4979
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 20-foot landscape easement along the
rear property lines of all lots which side-onto or back-onto North Chestnut Avenue 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.4979
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. 4979 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. 4979
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. 4979/UGM. The
first annual assessment is estimated at $37.33 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:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation Central Pacific B Uders
A Califomia oration
By OVAU& By:
Mark I. Williamson, Director Steve Lutton, President
Public Works Department
APPROVED AS TO FORM:
By:
HILDA CANT(J-MONTOY Rick Nisbett, Secretary
CiZAtto
ch Notary Acknowledgment)
By
Deputy
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
On �llr.;e/-1 ,2001, before me, 5' personally
appeared mark I. Williamson 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"
J-0:M
FNMLAndm"Meimeosace Covemampd
(9/04/2001)
STATE OF California
COUNTY OF Fresno
On ���3,910D) before me, Kelly G. Swertfager
p 4--tt� (NameJ,�Title of Officer)�jpersonally appeared �Uc L �-+�L� �J 5 " ctt
personally known to Me ( 1 to be the persons
whose name(s) i are bscribe to the within instrument and acknowledged to that he/sh they
executed the same in his/he�thorized capacity(ies), and that by his/her their ignature(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.
•
(Sign ture gj)No�ih Public) U 61
(This area for notarial seal)
.w.,e
KELLY G.SWERTFAGER
_ Commission#1183432
Notary Public-Collfomla
ffesno County
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