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Home My WebLink AboutT-5030 - Agreement/Covenant - 8/15/2006 (3) CONFORMED COPY lagnyw4v Tzx C1 f'1 OF I DEVF[OWENJ Fid . ',A ?J 2 :;;C4 PW File 10364 Planning and Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE PLANTING AND MAINTENANCE OF FRONT YARD TREES FOR TRACT NO. 5030 (Phase IV 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 45 inclusive of ct No. 5030 according to the map thereof recorded in Volume of Pages 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. A 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 45-lot single-family residential STATEMENTS OF COVENANTS Plant and Maintain Front Yard Trees Tract No. 5030, Phase IV of Tentative Map Tract No. 4381/UGM 457 Page 2 planned development project. 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. 5030, 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 STATEMENTS OF COVENANTS Plant and Maintain Front Yard Trees Tract No. 5030, Phase IV of Tentative Map Tract No. 4381/UGM 457 Page 3 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 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. STATEMENTS OF COVENANTS Plant and Maintain Front Yard Trees Tract No. 5030, Phase IV of Tentative Map Tract No. 4381/UGM 457 Page 4 DATED: of ?o6l CITY OF FRESNO, COVENANTOR a Municipal Corporation CAPISTRANO FRESNO PARTNERS, LLC A California Limited Liability Company By: 4*�. Yovino, Director By: Covington Family Partnership, D opment Department a California General Partnership, Member APPROVED AS TO FORM: Hilda Cantu Montoy ' City Attorneyp *o itch Vvington, Y:�� X, Managing Genera Partner By: Deputy rd/J:/rd8les/documen1s/C0VT5030 (Attach Notary Acknowledgment) r CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On November 1 , 2001 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 6 By DEPUTY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 61!1" ss. On l 0 'o? -0 1 , before me, `y'!/1 L° P 1)49C/,.V 16-&tey , Date `. Name and Titleof Officer(e.g.,'Jane Doe,Notary Public") personally appeared I ►�C.�1 coo/UVC'id"V , Name(s)of Sig s) K.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 DWANE STRICKLAND acknowledged to me that he/she/they executed 00tI.0187277 the same in his/her/their authorized NOTARY PUBUGCAUFORMA W CD PRWgPALGFFUIN M capacity(ies), and that by his/her/their W b dfne to Eoo2 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT S my hand and off ' I I. Place Notary Seal Above 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(les) Claimed by Signer Signer's Name: _ ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator "❑ Other: Signer Is Representing: 01997 National Notary Association•9350 De Soto Ave.,P.O.Boz 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827