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Home My WebLink AboutT-5029 - Agreement/Covenant - 2/15/2005 (2) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 1111912003120030279021 NO FEE- Government Code 6103 CITY OF FRESNO Planning and Development Department EJ P.W. File No. 10524 JAR 1495 East Sarasota Way (T-5029, Lot 1) STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR PLANTING AND MAINTAINING FRONT YARD TREES FOR TRACT NO. 5029, Phase I of Vesting Tentative Map No. 5029 STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No. 5029 Page 2 RECITALS WHEREAS, DC 5029 L.P., a California Limited Partnership, 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 290, inclusive and Outiot"A," of Tract No. 5029 according to the map thereof recordbd..on &1ntjM6e.4C 6, 20-ai in Volume 629 of Plats at Pages Q`f =$ . , 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. 5029 which would subdivide the subject property into a 290-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. 5029 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. 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 K 1 1 STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No. 5029 Page 4 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. 5029 Page 5 DATED: io-29-03 CITY OF FRESNO, COVENANTOR a Municipal Corporation DC 5029 L.P. a California Limited Partnership By. T i P. Yovino, Director By: Team 5 Properties, Inc. D lopment Department a California Corporation ITas General Partner APPROVED AS TO FORM: By: Jerry You President Hilda Cantu Montoy City Attome By: Deputy (Attach Notary Acknowledgments) LD&E FORM Covenant Frord Yard Trees v7-3-03 louisr 09-19-03 STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No. 5029 Page 6 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On October 30, 2003 before me, Elvia Sommerville personally appeared Nick P. Yovino, Development Director personally known to me (or proved 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 which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK J c� By DEPUTY Tract No. 5029/UGM P.W. File No. 10524 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on August 30. 2002 , in the office of the Fresno County Recorder in Book , Page(s) Document No. gnm_nl agng5 of which the Deed of Trust in by and between: DeYounq Communities, Inc. , a California Corporation as Trustor, Fidelity National Title Company , as Trustee, and ra 1 i forn i a Bank & Tn ist, a Cal i ferni a Banki ng_Crmrat i nn , 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. 5029, Phase I of Vesting Tentative Map No. 5029. DATED: RimpteMber 29, 2an3 BENEFICIARY Richard J. A dino Senior Vice President (Attach Notary Acknowledgement) STATE OF CALIFORNIA, }COUNTY OF Fresno S.S. On September 25, 2003 , before me, C. A. Snell a Notary Public in and for said County and State, personally appeared Jerry A. DeYounb personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP 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 C.A. SNELL he/she/they executed the same in his/her/their COMM.#1312117 --� authorized capacity(ies), and that by his/her/their ►- , NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY signature(s) on the instrument the person(s), or My Comm.Expires July 30,2005 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA, COUNTY OF FrPGnn } S.S. On SejtPmhPr 2q, 200 , before me, C. A. Snell a Notary Public in and for said County and State, personally appeared Richard J. Audino personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP 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 C.A. SNELL authorized capacity(ies), and that by his/her/their CCi0M. X1312117 -c) signature(s) on the instrument the person(s), or .�"' NOTARY PUBLIC-CALIFORNIA }' • the entity upon behalf of which the personFRESNO COUNTYs) , a ,y,:,,frirri.Expires July 30,2005 acted, executed the instrument. WITNESS myh a ffici�'s I. Signature TE 160 Legal(2-94) This form is furnished by Chicago Title Company