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Home My WebLink AboutT-5096 - Agreement/Covenant - 2/15/2005 (3) ` WHEN RECORDED MAIL TO: IIII III III I III II II IIII IIII I III II III I IIII I VIII I II City Clerk FRESNO County Recorder City of Fresno Robert C, Werner 2600 Fresno Street Fresno, CA 93721-3603 DOC— 2004-0177946 Acct 10-Commerce Title Friday, AUG 13, 2004 08:00:00 NO FEE-Government Code 6103 Tt 1 Pd $0.00 Nbr-0001563717 rgr/R7/1-7 CITY OF FRESNO Planning and Development Department P.W. File No. 10590 JAF: 6013 East Heaton Avenue (T-5096, Lot 1) STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR PLANTING AND MAINTAINING FRONT YARD TREES FOR TRACT NO. 5096 STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No. 5096 Page 2 RECITALS WHEREAS, CENTEX HOMES, a Nevada General 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 76, inclusive and of Tract No. 5096 according to the map thereof recorded on &j4I_LSf /3 200e_1 in Volumed of Plats at Pages Sa , 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. 5096 which would subdivide the subject property into a 76-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. 5096 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 successor municipal corporation whose geographic boundaries include the Subject Property. STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No. 5096 Page 4 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. /// /// /// STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No. 5096 Page 5 DATED: �2_�0 CITY OF FRESNO, COVENANTOR a Municipal Corporation CENTEX HOMES a Nevada General Partnership By: By: Centex Real Estate Corporation 44rk PTYovino, Director a Nevada Corporation Planhfng and Development Its Managing General Partner Dep rtment By: APPROVED AS TO FORM: Davi6 t. Hatch, Division President Hilda Cantu Montoy City Attorney By: Deputy (Attach Notary Acknowledgments) LDBE FORM Covenant Front Yard Trees v9-17-03 louisr 06/15/2004 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California — ss. County of I fJ On 2ZIV before me, 11 ��7Z.� ( 15ate --- Name and Title of Officer(e.g.,"Jane Doe,Notary Public*) ( personally appeared 0 4/r, , (, Name(s)of Signers) personally known to me O 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 authorized I capacity(ies), and that by his/her/their V.C.PATTON signature(s)on the instrument the person(s), or i CoMminiM IF 132M" the entity upon behalf of which the person(s) Notary Publlc-Cawomy acted, executed the instrument. Tulare County IIItyCarttrn. Nov21,2= WITNESS my hand and official seal. Place Notary Seat Above Signature of Notary Public I I I I I, ( I I I ( I l i f I 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Boa 2402•Chatsworth,CA 91313.2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-804876-8827 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On August 3,2004, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Nick P. Yovino,Planning and Development Director, 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. WITNESS my hand and official City Seal. REBECCA E. KL ISCH, CMC CITY CLERK U By Deputy August 3,2004(2:27pm)