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Home My WebLink AboutT-5051 - Agreement/Covenant - 3/25/2014 (2) When Recorded Mail To: CCity Clerk ITY of FRESNO IIII III III I III II II IIII II III III ii III I ILII I III II III 2600 Fresno Street Fresno County Recorder Fresno, CA 93721-3603 William C, Greenwood DOC— 2002-0112642 Aect 4-Fidelity National Title Company Tuesday, JUL 09, 2002 08:00:00 FRE $e-90 NO FEE-GOVERNMENT CODE 6103 1t a Pd $0.00 Nbr-0000843408 jjc/R6/2-9 CITY of FRESNO PLANNING AND DEVELOPMENT DEPARTMENT Building & Safety Services Division Land Division & Engineering Section PROJECT ID: Tract Map No. 5051 - Phase II of T.Tr. Map -4493/UGM 524 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE PLANTING AND MAINTENANCE OF FRONT YARD TREES FOR TRACT NO. 5051 AND SUBORDINATION - . ........................................ ........................................... ...... .. . ....... ...... . . Recording R.aruesp?d by City Cierk Fresno, Caklnrn;e No Fre-Govt. Cade 6103 Return to City CJr:rk, Fresno . ........ . ...N,. .... .. .::.:.::: i:. 4. ...:.::::::::::::::: AgOVE.:$PIACE.F01A R9C.t?itDER.S U :::: :: « ::> d;:s. ::: ••:,.. .. P.W. File No. 10404 Planning and Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO PLANT AND MAINTAIN FRONT YARD TREES FOR TRACT NO. 5051 (Phase II of Vesting Tentative Map of Tract No. 4493) RECITALS A. WHEREAS, THE McCAFFREY GROUP, INC., California Corporation, 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 90 inclusive of Tract No. 5051 according to the map thereof recorded in Volume Q .z of Pages , and , 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 90-lot single-family residential subdivision project. .................................... ........................................................ . . .......... .. .. ........... ...... STATEMENTS OF COVENANTS Plant and Maintain Front Yard Trees Tract No. 5051, Phase II of Tentative Tract No. 4493/UGM 524 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 Covenantors application for approval of Final Tract Map No. 5051, 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. ollows: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 "Revised" Vesting Tentative Tract No. 4493 dated , May 28, 1997 and Conditions of Approval dated October 6, 1993. 2. The conditions of this Statement are intended to benefit the public and public .. .................... .................. ................... ............ ........... ........ STATEMENTS OF COVENANTS Plant and Maintain Front Yard Trees Tract No. 5051, Phase II of Tentative Tract No. 4493/UGM 524 Page 3 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 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. /// /// 1/1 11l /// 111 . a STATEMENTS OF COVENANTS Plant and Maintain Front Yard Trees Tract No. 5051, Phase 11 of Tentative Tract No. 4493/UGM 524 Page 4 DATED: Mlle- OF, rgg22Z- CITY OF FRESNO, a Municipal Corporation COVENANTOR THE McCAFFREY GROUP, INC. By: ` _.� a California Corporation is Tovino, Director Plgn ing and Development Department it V APPROVED AS TO FORM: Robert A. McCaffrey, President Hilda Cantu Montoy City Attorney, By; Deputy By:A�avid Ciabattari, rcVJ:/rdfi1e9/documents/C0VT5051 Chief Operating Officer (Attach Notary Acknowledgment) 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. McCaffrev 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' L.S. My Commission xpirW. S t mb r 12 2 2 dbmdh MICHELE L HOGAN Commisalon 0 1196145 Notay Put Ac-CaNfomta Promo wordy My0WM-B0W3ep112W2 ........... .. ... ... 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 Nick P. Yovino, Director Planning and 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. VVIME55 my hand and official City Seal. REf3E.CCA E. KU-5CH All- By - -- eputy-.--.......... — — x$ Tract No. 5051/UGM P.W. No. 10404 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 to Plant and Maintain Front Yard Trees for Tract No. 5051, Phase II of Vesting Tentative Map Tract No. 4493/UGM 524. DATED: r BENEFICIARY WELLS FARO BANK A National A sociation •\t f 5 s V 4 ... �l`.�El�lr«g ��e� F��' Y��• (Attach Notary Acknowledgement) STATE OF CALIFORNIA COUNTY OF Contra Costa SS. On this 3rd.--_ day of _June , 20 02..... before me, ..Carolyn D'Andrea a Notary Public in and for the State of California, personally appeared _.Kathleen Slote_and.Kristin P__Miller _personally known to me (or proved on the basis of satisfactory evidence) to be the persons) whose name(s) Ware subscribed to the within instrument and acknowledged to me that hef~hey executed the same in hi~their authorized capacity(ies), and that by his•{heNtheir 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 ....... __...-.. n3zu- Car Comrirga n#=3494 farrCxNotory Public Alarrwb COUntY My commission expires___December_3,._2002.._..__ k2ptm Doc 3.20M.