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Home My WebLink AboutT-5051 - Agreement/Covenant - 3/25/2014 to When Recorded Mail To: City Clerk ILII III�� III II��IIII��III��II III IIII I IN I III CITY of FRESNO Fresno County Recorder 2600 Fresno Street William C. Greenwood Fresno, CA 93721-3603 DOC— 2002-0112641 Acct 4-Fidelity National Title Company Tuesday, JUL 09, 2002 08:00:00 FRE $0.00 Ft 1 Pd $0.00 Nbr-0000843497 NO FEE-GOVERNMENT CODE 6103 ,i.i c/R6/2-10 CITY of FRESNO PLANNING AND DEVELOPMENT DEPARTMENT Building & Safety Services Division Land Division & Engineering Section PROJECT ID: Tract Map No. 5051 - Phase II of T.Tr. Map- 4493/UGM 524 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 5051 AND SUBORDINATION - 1 ABOVE SPACE FOR RECORDER'S USE P.W. File No. 10404 Planning and Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 5051 (Phase 11 of Vesting Tentative Map of Tract No. 4493) WHEREAS,THE McCAFFREY GROUP,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; Lots 1 through 90, inclusive of Tract No. 5051 according to the map thereof recorded in Volume of Plats at Pages and , Fresno County Records, Fresno County. 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 ^71 .. .............. . . ........................ Statement of Covenants Landscape Maintenance Tract No. 5051 Phase II of Vesting Tentative Map of Tract No. 4493/UGM 524 Page 2 WHEREAS, Resolution No. 10554 of the Fresno City Planning Commission conditionally approved Vesting Tentative Map of Tract No. 4493: and, WHEREAS, Covenantor is required by the City as a condition of vesting tentative map approval to install landscaping and an irrigation system for Lot 64 inclusive, in a 10- foot landscape easement along the side property lines of said lot which side-onto the North Polk Avenue frontage of the said Subject Property; and WHEREAS, said conditions of approval require that maintenance of the required landscape easements of said lots of the vesting tentative map shall be the responsibility of the homeowners association or the City's Community Facilities District No. 2 for the maintenance of the landscaping as directed or required by Director of the Public Works Department; and NOW THEREFORE, it is agreed: 1. In consideration of the foregoing and the approval of the final map of Tract No. 5051 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 landscaping and irrigation system will be designed and installed according to a plan acceptable to the Director of the Parks, Recreation and Community Services Department, and the Covenantor will request the City to annex said Tract No.5051 to the City's Community Facilities District No. 2 as .......... . . ................ ............ .. . Statement of Covenants Landscape Maintenance Tract No. 5051 Phase II of Vesting Tentative Map of Tract No. 4493/UGM 524 Page 3 approved by the City Council on June 11, 2002; and 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. 4493/UGM 524. The first annual assessment is estimated at$49.56 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. 5051 Phase II of Vesting Tentative Map of Tract No. 4493/UGM 524 Page 4 DATED: 2-5_ 222 CITY OF FRESNO, COVENANTOR a Municipal Corporation THE McCAFFREY GROUP, INC. A California Corporation By ............ �; Mark I. Williamson, P. E., Director Public Works Department By: Robert A. McCaffrey, President APPROVED AS TO FORM: HILDA CANTO-MONTOY City Attorney f° David Ciabaftari, ief Operating Officer By �• Deputy (Attach Notary Acknowledgment) ........................ .... ........... CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On June 26,2002, before me, Cindy Hamby, Deputy City Clerk, 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 nante(s)are subscribed to the within instrument and acknowledged to me that he/shc/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 persons;acted. executed the instrument. iNI ME33 my hand and official City Seal. REBECCA E. KL15CH City Cie H, c`i) BV t„._A _)l.�-�.��:s !T :.�. Pit.l+L ' . t' .. ... 1 put -. . . --�-- . ................... .............................. .. .. ............. ... STATE OF CALIFORNIA ) SS. COUNTY OF FRESNO ) On June 4, 2002 , before me, the undersigned, a Notary Public for the State of California, personally appeared,Robert A. McCaffrey and David Ciabattari, 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 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity(ies) on behalf of which the person(s) acted,executed the instrument. WITNESS my hand and official seal. Notary Public.� I:.S. My Commission pires: Seat ber 1 . 2004 MICHELE L HOGAN Commhkn*1196115 MFrawCounty M*CM"-B""3W1z=1 . .............................. Tract No. 4493/UGM P.W. No. 10309 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 29, 1996, in the office of the Fresno County Recorder, Document No. 96- 054302 of which the Deed of Trust in by and between Trend Homes, Inc., a California Corporation, as Trustor,American Securities Company, a California Corporation, as Trustee and Wells Fargo Bank, a National Association, Beneficiary and an agreement to modify the terms and provision of said Deed of Trust recorded November 7, 2001, in the office of the Fresno County Recorder, Document No.2001-0163839, 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. 5051, Phase II of Vesting Tentative Map Tract No. 4493/UGM 524 DATED: s _,._�_ , 20.- BENEFICIARY WELLS FARGO BANK A National Association i (Attach Notary Acknowledgement) .......... . ..... . ............. ..... STATE OF CALIFORNIA COUNTY OF _Contra Costa-.-•-.--..••.-_.SS' On this 3rd.... day of _June..., 20 ___02•..-, before rne, _Carolyn D'Andrea a Notary Public in and for the State of California, personally appeared ..Kothleen•.Slote-.and Kristin.P...Miller.personally known to me (or proved on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that be4eheAhey executed the same in WsihW their authorized capacity(ies), and that by his hwAheir 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 . g -- My commission expires .... December.3,.•2002 I ...............................:.......:..................................... ... ...:.......... . .::......................................... NOTARY SEAL CL CATION EAGE I certify under penalty of perjury that the `Notary Seal" on the document to which this statement is attached reads as follows: Name of Notary: CAPGIYA; A tibA-U-A Commission#: 1 2 �" - Date commission expires: - 3 - 2 0 C) 2- Placeof execution: f-me 6 Date: . •-S +02 (cavc coae,Sm.Z7336 77) SIGNAT-MES NAIAk IF r)