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Home My WebLink AboutT-4983 - Agreement/Covenant - 12/29/2005 (3) WHEN RECORDED MAIL TO: City Clerk : .;—City of Fresno 2600 Fresno Street a Fresno, CA 93721-3603 11/19/1005,10050303879 CL. NO FEE-Government Code 6103 O p v O CITY OF FRESNO U Planning and Development Department P.W. File No. 10338 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR PLANTING AND MAINTAINING FRONT YARD TREES FOR TRACT NO.'4983 e STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No.4983 Page 2 RECITALS WHEREAS, Ennis Homes, Inc., a California Corporation, designated and 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 53, inclusive, and Outlots "A"and "B"of Tract No. 4983 according to the map thereof recorded on Abe!!_,)9 , 206 '/ in Volume 7,41 of Plats at Pages 3 k Dq , 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. 4983 which would subdivide the subject property into a 53-lot single-family residential project with two outiots for future development,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. COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on and approval of the Covenantoes'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, y STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No.4983 Page 3 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. 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. STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No.4983 Page 4 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation Ennis Homes, Inc., a California Corporation Bdi4,k . Yovino, Director Planning and Bfian Ennis, President Development Department APPROVED AS TO FORM: Hilda Cantu Montoy City Attorney By: (Attach Notary Acknowledgments) Deputy r s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California t ss. Countyof On � (kb M 2ZI3,S� before me, Zs�&4n _1��`hCJ�I fj Oak NaName an,Title of Officer(e.g.,"JanGl6oe,Notary Public") -' personally appeared n G•✓1 1 11 Ali Name(s)of Signer(s) I personally known to me El proved to me on the basis of satisfactory ' evidence to be the person() whose nameit) is*e I subscribed to the within instrument and acknowledged to me that he/s4aAhey executed the same in his/heir authorized Sl1W4 1.0 i FERTY �y ' Commission 9135628t1 X capacity(isc), and that by his/weir Notary public-4386110MIS signatureo)on the instrument the person(S), or Tulare County the entity upon behalf of which the personks) *Comm.E)(piresMay12,2MS acted, executed the instrument. W SS mi7d d nofficial seal l Signat a No Public 1 I OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): El Partner—❑Limited El General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: �i Signer Is Representing: i 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Tall-Free 1-800-876-8827 I -SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on December 30,2004, in the office of the Fresno County Recorder as Document No. 2004- 291507 of which the Deed of Trust in by and between: Ennis Homes Inc., as Trustor, First American Title Insurance Company, a California Corporation, as Trustee, and Bank of Visalia, 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. 4983. DATED: /& _' 2005 TRUSTEE or BENEFICIARY Bank of Visalia By: laxaS. Leu, ✓u.be-s'.4-4— By: es'. -4--By: (Trustee/Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of 7l,lt(a."re, On lJ1— ILQ -01�1_i) , before me, Lcann V)pe ney, Nt)+n a Pubi (G, Date Name and Title of Officer( .g.,`Jane Doe,Notaq Public") personally appeared J • ��Inb Name(s)of Signer(s) i6personally known to me ❑ 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 LEAN OENLEAN R authorized capacity(ies), and that by his/her/their CommiWon#1416062 signature(s) on the instrument the person(s), or the Notary Public-C WOMn entity upon behalf of which the person(s) acted, Tukxe County executed the instrument. Comm.=May& WITNESS my hand and official seal. Place Notary Seal Above A MAY—) Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General nuen ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact To of thumb here ❑ Attorney in Fact P Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 913132402 Item No.5907 Reorder.Call Toll-Free 1-800.876-6827 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO CITY OF FRESNO On December.21, 2005, before,me, Elvia Sommerville, Deputy City Clerk, personally appeared, Nick P.Yovino,Planning and 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 dapacity(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 City Seal. REBECCA E. KL ISCH, CMC CITY CLERK By Deputy _ December 21,2005(10:36am) •f2 t .