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Home My WebLink AboutT-4983 - Agreement/Covenant - 12/29/2005 (5) P WHEN RECORDED.MAIL TO: City Clerk 2/2912005,20050303878 City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 �s d W NO FEE -Government Code 6103 OC CO �' O CITY OF FRESNO OU Planning and Development Department U P.W. File No. 10338 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR OUTLOT MAINTENANCE FOR TRACT NO. 4983 STATEMENT OF COVENANTS Outlot Maintenance Tract No. 4983 Page 2 WHEREAS, Ennis Homes, 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: Outlots "A" & "B", inclusive, of Final Tract Map No. 4983, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded on D=e-mher.29 , 2005, in Volume of Plats at Page(s), cZ3 -t- Fresno 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. 11535 of the Fresno City Planning Commission conditionally approved Vesting Tentative Tract No. 4983/UGM; and, WHEREAS,Covenantor is required by the City as a condition of vesting tentative map approval to landscape and maintain Outlots "A" & "B" until such time that they are grant deeded to the property owners of record for the abutting property; and WHEREAS, said condition of approval require that Landscape and maintenance of the said Outlots "A" & "B" shall be the responsibility of the Covenantor. WHEREFORE, COVENANTOR HEREBY COVENANTS AS FOLLOWS: 1. In consideration of the foregoing and the approval of the final map of Tract No. 4983 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 landscape and maintain Outiots "A" & "B" will be designed and installed according to a plan acceptable to the Director of the Parks, Recreation and Community Services Department, and; STATEMENT OF COVENANTS Outlot Maintenance Tract No. 4983 Page 3 2. The Covenantor shall submit a landscape plan acceptable to the Director of the Public Works Department,within(6)six months of the recordation date of the final map of Tract No. 4983, if Outlots "A" & "B" have not been grant deeded to the property owners of record for the abutting property. 3. 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. 4. 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. 5. 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 validityor 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. ti STATEMENT OF COVENANTS Outlot Maintenance Tract No. 4983 Page 4 DATED: I2 ?D OS" CITY OF FRESNO, COVENANTOR a Municipal Corporation Ennis Homes, Inc., a California Corporation By _ B I k P. ovino, Director Ennis, President Planni and Development Department APPROVED AS TO FORM: Hilda Cantu Montoy City Attorney By: Deputy (Attach Notary Acknowledgments) � r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 1'U�� ss. On FC,6 Ne,nj T 2,00?, before me, ��SCn Lr &)Arm A41cj, DElte Name and Title of Officer(e.g.,' ane Doe,Notary P lic") personally appeared `fJ6c, c�n AL"s Name(s)of Signer(s) personally known to me ❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(g) is/aaesubscribed SUSAN LAFFERTY to the within instrument and acknowledged to me that Commission 61356M he/she4hey executed the same in his/her#iei•r Z Notary Public-Callfande authorized capacity(ies), and that by his/her�eir LTulare County signature(t) on the instrument the person($), or the WComm.ExpiresMaylZ= entity upon behalf of which the person() acted, executed the instrument. WIT SS my had nd official seal. Place Notary Seal Above Sig V 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 _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorne in Fact Top of thumb here y 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 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 h d SUBORDINATION .y 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 Outlot Maintenance for Tract No. 4983. DATED: 2005 TRUSTEE or BENEFICIARY Bank of Visalia By: By: (Trustee/Beneficiary to print/type Name and Title;and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of -rant, ss. On U` lu - before me, 1,eBfin VVYneY, NDA-0_rL4 PUbk, Date Name and Title of Officer( .g„"Jane Doe,Not ry Public") personally appeared (L 5 . Lobb Name(s)of Signer(s) &&personally 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 .��li•e►�► he/she/they executed the same in his/her/their tAHNmmiW n#141 R authorized capacity(ies), and that by his/her/their Cpryynlaslon�1416062 Notpry public-CoNforMa signature(s) on the instrument the person(s), or the Tulare County entity upon behalf of which the person(s) acted, COM.Exp 0MM6;2007 executed the instrument. WITNESS my hand and official seal. Place Notary Seal AboveMP 1 A�9A�A S 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: OP'Yl!?,f'l4- Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): NO W El Partner—El Limited 1:1 General El —1:1 Limited ❑ General El Attorney in Fact Top of thumb here ❑ Attorney in Fact 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 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 f " 4 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 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. WITNESSmy hand and official City Seal. REBECCA E. KL ISCH, CMC CITY CLERK 0 By .Qyt-tc✓ V Deputy December 21,2005(10:36am)