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HomeMy WebLinkAboutT-5018 - Agreement/Covenant - 8/15/2006 (3) 1 M?Z/ OF HVI n AD 2600 FRESNO STPUr 20010i15asa FRESNO CA 93721-3604 0sii�i200i, i PLEASE CONFORM ` .. :�:; #' . SPACE;FOR REGORpIR S 1JSE „ # P.W. File No. 10339 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE PLANTING AND MAINTENANCE OF FRONT YARD TREES FOR TRACT NO. 5018 (Phase III of Vesting Tentative Map of Tract No. 4381) RECITALS A. WHEREAS, CAPISTRANO FRESNO PARTNERS, LLC, a California Limited Liability Company, 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 25 inclusive .Tract No. 5018 according to the map thereof recorded in Volume of Pages C:5� © . Z24/ , 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 subdivision map which would subdivide the subject property into a 25-lot single-family residential planned development project. STATEMENTS OF COVENANTS Plant and Maintain Front Yard Trees Tract No. 5018, Phase III of Tentative Map Tract No. 4381/UGM 457 Page 2 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. COVENANTS. CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantor's application for approval of Final Tract Map No. 5018, which is to be improved with public streets having a right-of- way width of 50 feet, for the Subject Property as referred to hereinabove, 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 of each lot 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 Vesting Tentative Map Tract No. 4381 dated , September 10, 1991. 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 STATEMENTS OF COVENANTS Plant and Maintain Front Yard Trees Tract No. 5018, Phase III of Tentative Map Tract No. 4381/UGM 457 Page 3 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 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. f STATEMENTS OF COVENANTS Plant and Maintain Front Yard Trees Tract No. 5018, Phase III of Tentative Map Tract No. 4381/UGM 457 Page 4 DATED: u Tl� 3_� Z �j CITY OF FRESNO, COVENANTOR a Municipal Corporation CAPISTRANO FRESNO PARTNERS, LLC A California Limited Liability Company By: Pic! ovino, Director By: Covington Family Partnership, De lopment Department a California General Partnership, Member APPROVED AS TO FORM: Hilda Cantu Montoy rLy�r City Attorney it Ovington, Managing General Partner BY: eputy rcUJ:/rcl es/ cuments/COVT5018 (Attach Notary Acknowledgment) AMERI i } STATE OF CALIFORNIA }ss. COUNTY OF Fresno } On July 12, 2001 , before me, Teresa Bowland personally appeared R_ Mitch Covington , 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. WITNESS my hand and official seal. Signature #1295797 FRM ooumr�ORN" " My comm.EWM Mer.2,2005 (This area la official notarial seal) Title of Document Statement of Covenants - Planting & Maintenance Date of Document July 12, 2001 No. of Pages 6 Other signatures not acknowledged city of Fresno 3008(1-94)(Clwwra4 fast American Tale lnsuuance COMWY CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On August 2, 2001, before me, Elvia Sommerville,Deputy,personally appeared,Nick P. Yovino, Director Development Department, 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. WITNESS my hand and official City Seal. REBECCA E. KLISCH City Clerk o � BY: Deputy Tract No. 5018/UGM 457 P.W. File No. 10339 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 22, 2001, in the office of the Fresno County Recorder, Document No. 20010087187 of which the Deed of Trust in by and between Capistrano Fresno Partners, LLC, a California Limited Liability Company, as Trustor, Estates Financial, Inc., a California Corporation, as Trustee and Estates Financial, Inc., a California Corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for the Planting and Maintenance of Front Yard Trees, for Tract No. 5018, Phase III of Vesting Tentative Map Tract No. 4381. DATED: , 2001 BENEFICIARY ESTATE FINANCIAL, INC. a California Corporation By: By: (Attach Notary Acknowledgement) State of California County of San Luis Obispo On July 17, 2001 before me Jan Baldwin a Notary Public in and for said State, personally appeared Karen Guth p (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/tom executed the same in his/her/thcir authorized capacity(ies), and that by his/her/thele signature(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. JAN IN /7Signature Com./11064 to V1NOTARY PUM•CAUNAN1A N Sen NOTARY,' bispo County Comm.Comm.19we Marsh 11,2003 '� C17� r ( i 'bell, l20 ' PLEASE CONFORM ABOVE SPACE FOR RECORDER'S USE P.W. File No. 10339 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 5018 (Phase III of Vesting Tentative Map of Tract No, 4381) WHEREAS, CAPISTRANO FRESNO PARTNERS, LLC, a California Limited Liability Company, 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: Lots 1 through 25 inclusive of Tract No. 5018 according to the map thereof recorded in Volume _ of Plats at Pages ' , 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 Statement of Covenants Landscape Maintenance Tract No. 5018, Phase III of Vesting Tentative Map of Tract No. 4381/UGM 457 Page 2 WHEREAS, Resolution No. 10243 of the Fresno City Planning Commission conditionally approved Vesting Tentative Map of Tract No. 4381/UGM 457 and, WHEREAS, a condition of approval of Vesting Tentative Map No. 4381, is the responsibility to maintain the landscaping within the 10-feet wide landscape easements required along the rear and side property lines of all lots that back-onto and side-onto North Polk Avenue. All final map phases of Vesting Tentative Map No. 4381 are required to annex to the City's landscape maintenance district and be assessed its fair share of the maintenance cost for such landscape easements whether or not such easements are within a final map phase. WHEREAS, the final map of Tract No. 5018 (Phase III of Vesting Tentative Map No. 4381) was annexed into the City's Community Facilities District No. 2 (CFD-2) to satisfy a portion of the tentative map landscape maintenance requirement. Future final map phases of Vesting Tentative Map No. 4381 will complete the required landscaping as well as annexing into CFD-2 and be assessed its fair share of the maintenance cost for such landscape easements; and NOW THEREFORE, it is agreed: 1. In consideration of the foregoing and the approval of the final map of Tract No. 5018 by the City of Fresno, the Covenantor hereby covenants, promises and agrees with the City of Fresno for the benefit of said City that Covenantor will request the City to Statement of Covenants Landscape Maintenance Tract No. 5018, Phase III of Vesting Tentative Map of Tract No. 4381/UGM 457 Page 3 annex the Subject Property to the City's Community Facilities District No. 2. 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 Map of Tract No. 4381/UGM 457. The first annual assessment is estimated at$41.00 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. Statement of Covenants Landscape Maintenance Tract No. 5018, Phase III of Vesting Tentative Map of Tract No. 4381/UGM 457 Page 4 DATED: !� ti .�/. 20o/ CITY OF FRESNO, a Municipal Corporation COVENANTOR CAPISTRANO FRESNO PARTNERS, LLC By A California Limited Liability Company Mark I. Williamson, P.E., Director By: Covington Family Partnership, Public Works Department a California General Partnership, Member APPROVED AS TO FORM: HILDA CANTO-MONTOY City Attorney B . 1 h Covi gton, Managing Genera artner B Dep (Attach Notary Acknowledgment) OP } STATE OF CALIFORNIA }ss. COUNTY OF Fresno } On July 12, 2001 , before me, Teresa Bowland personally appeared R_ Mitch Covington 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 acknowlecged to me that he/s, _:/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. WITNESS my hand and official seal. Signature TEM BMAND COMM.$1295797 FRM COO" My Comm.Expkes Mar.2,2005 (This area 10r ofTK c!not- seal) Title of Document Statement of covenants - Landscape Maintenance Date of Document July 12 , 2001 No. of Pages 6 Other signatures not acknowledged city of Fresno 3008(t 94)(General) First AmerKan Tale Insurance company CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On August 2, 2001, before me, Elvia Sommerville, Deputy, personally appeared , Mark I. Williamson, Director Public Works Department, 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. WITNESS my hand and official City Seal. REBECCA E. KLISCH City Clerk 0 Deputy Ir FT5018 CFD2.DOC(07/05/2001) Tract No. 5018 P.W. File No. 10339 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 22, 2001, in the office of the.Fresno County Recorder, Document No.20010087187 of which the Deed of Trust in by and between Capistrano Fresno Partners, LLC, a California Limited Liability Company, as Trustor, Estates Financial, Inc., a California Corporation, as Trustee and Estates Financial, Inc., a California Corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for Landscape Maintenance for Tract No. 5018, Phase III of Vesting Tentative Tract No. 4381/UGM 457 DATED: BENEFICIARY ESTATE FINANCIAL, INC. a California Corporation By: By: (Attach Notary Acknowledgement) State of California County of San Luis Obispo On July 17, 2001 before me Jan Baldwin a Notary Public in and for said State,personally appeared Karen Guth 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. WITNESS my hand and official seal. JAN BALDWIN f"AComm.#1177464 N Signature Y/ NOTARY PUBLIC•CALIFORNIA Sm Luis Obiugo Cooty .. MY Comm.Expires Much 21.2*2 `�