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Home My WebLink AboutT-5067 - Agreement/Covenant - 2/10/2005 (3) r � WHEN RECORDED MAIL TO: I I w 11111111111111111 Ell I III I Mill II III I 11il I VIII III City Clerk City of Fresno FRESNO County Recorder 2600 Fresno Street Robert C, Werner Fresno, CA 93721-3603 DOC— 2004-0083343 Acct 2-Chicago Title Company Friday, APR 16, 2004 08:00:00 Ttl Pd $0.00 Nbr-0001450735 rgr/R7/1-7 NO FEE-Government Code 6103 CITY OF FRESNO Planning and Development Department P.W. File No. 10596306 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR PLANTING AND MAINTAINING FRONT YARD TREES FOR TRACT NO. 5067 STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No. 5067 Page 2 RECITALS WHEREAS, BH 5067, 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 120, inclusive and of Tract No. 5067 according to the map thereof recorded on A4nr-; 1 1[Q , 200q in Volume— tag—of Plats at Pages Q9 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. 5067 which would subdivide the subject property into a 120-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. 5067 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 STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No. 5067 Page 4 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 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. 111 1/1 STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No. 5067 Page 5 DATED: - CITY OF FRESNO, COVENANTOR a Municipal Corporation BH 5067, L.P. a California Limited Partnership By: �J - i P. Yovino, Director By: Bonadelle Homes, Inc. (� Development Department a California Corporation as General Partner APPROVED AS TO FORM: By: Hilda Cantu Montoy hn A. Bonadelle, President City Attorney By: Deputy (Attach Notary Acknowledgments) LDBE FORM Covenant Front Yard Trees v9-17-03 louisr 03/05/2004 STATE OF CALIFORNIA, COUNTY OF Fresno } S.S. On March 10, 2004 before me, Anna M. Renna a Notary Public in and for said County and State, personally appeared John A. Bonadelle personally known to me FOR NOTARY SEAL OR STAMP t0 be the person() whose name) ish" subscribed to the within instrument and acknowledged to me that he/a4gA1" yc executed the same in his/hertthefts ANNA M.RENNA authorized capacity(i_—j, and that by his/herkheir r �'` COMM.#1433198 signature(+) on the instrument the person(, or arc ° NOTARY PUBLIC-CALIFORNIA N the entity upon behalf of which the person�) H FRESNO COUNTY My Comm.Exp.Auq.30,2007 acted, executed the instrument. v4 WITNES my d d fi ' I s al Signature STATE OF CALIFORNIA, COUNTY OF } S.S. On , before me, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be FOR NOTARY SEAL OR STAMP 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 authorized capacity(ies), and that by his/her/their 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 TE 160 Legal(2-94) This form is furnished by Chicago Title Company CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On April 1, 2004 before me, Elvia Sommerville, Deputy City Clerk personally appeared Lisa LeBlanc, Administrative Manager Planning & Development Dept. 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, CMC CITY CLERK 0 By :fie DEPUTY