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Home My WebLink AboutT-5030 - Agreement/Covenant - 8/15/2006 (4) CONFORMED COPY li�`tU`f?�J TU: � Z00�0�6gggg Clik OF ESNO 11/08/200 ' DUFFLOP,!ENT Uc:P.ii ii EhiT 2:>!:u i f;E,SIID Sff'EtT j FRELSINO U 93721-360A ABOVE SPACE FOR RECORDER'S USE P.W. File No. 10364 Planning and Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 5030 (Phase IV 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 45 inclusive of Tract No. 5030 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 7 Z Statement of Covenants Landscape Maintenance Tract No. 5030, Phase IV 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. 5030 (Phase IV 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. 5030 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. 5030, Phase IV 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$27.78 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 tie 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. J Statement of Covenants Landscape Maintenance Tract No. 5030, Phase IV of Vesting Tentative Map of Tract No. 43811UGM 457 Page 4 DATED: O�{�kHr 30. Zoo! CITY OF FRESNO, a Municipal Corporation COVENANTOR CAPISTRANO FRESNO PARTNERS, LLC B y4 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 . Mitch Ovington, L Managing Gen al Partner By Deputy (Attach Notary Acknowledgment) Y r, J CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On November 1 , 2001, before me, Elvia Sommerville personally appeared Mark I. Williamson, Public Works Director personally known to me (or provided 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 of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK 0 0 By 2J DEPUTY c Ir FT5030 CFD2.DOC (07/05/2001) t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of F/C eimp ss. On If� 6 , before me, V_F7G riL/OW.9? 16NPV , Date 0a , Name and Title of Officer(e. .,"Jane Doe,Notary Public") personally appeared 14 ! "i Name(s)of Signer( ❑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 he/she/they executed DWANE STRICKLAND the same in his/her/their authorized Q 0OWA MUM 00 NOTARY PLOUG- u MIA w capacity(ies), and that by his/her/their PRIPIWmFREW ALOFRM IN 0OLWrrY signature(s) on the instrument the person(s), or MY E"J11A°ta2= the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS hand and official j4al. 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(ies) 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: 0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6627