HomeMy WebLinkAboutT-5098 - Agreement/Covenant - 2/10/2005 (4) ' 1
WHEN RECORDED MAIL TO:
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City Clerk FRESNO County Recorder
2600 Fresno street Robert C. Werner
Fresno, CA 93721-3603 DOC— 2+004-0081990
Acct 7-North American Title Company Inc.
Thursday, APR 15, 2004 08:00:00
NO FEE- Government Code 6103 Ttl Pd $0,00 Nbr-0001449506
rgr/R7/1-7
CITY OF FRESNO
Planning and Development Department
P.W. File No. 10581
JAR 4799 West Roberts Avenue (T-5098, Lot 1)
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR PLANTING AND MAINTAINING FRONT YARD TREES
FOR TRACT NO. 5098
f
STATEMENT OF COVENANTS
Planting and Maintaining Front Yard Trees
Tract No. 5098
Page 2
RECITALS
WHEREAS, Lennar Fresno, Inc., a California Corporation, designated and 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,of Tract No.5098 according to the map thereof recorded
on A j r i 1 15 , 20DV_ in Volume meq_of Plats at
Pages '1(e -Mru � , 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.5098 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. 5098
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. 5098
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.
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STATEMENT OF COVENANTS
Planting and Maintaining Front Yard Trees
Tract No. 5098
Page 5
DATED: 1j4AQC JY 30 20_
CITY OF FRESNO,
a Municipal Corporation
COVENANTOR
Lennar Fresno, Inc.,
By: -rte A California Corporation
,(plNick P. Yovino, Director
U Planning and Development Department
By:
Steve Lutton, Vice-President
APPROVED AS TO FORM:
Hilda Cantu Montoy
City Attom y
(Attach Notary Acknowledgment)
By: %
Deputy
LDBE FORM Covenant Front Yard Trees v9-19-03
JeffB 02-03-04
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA }
COUNTY OF Fresno }
On February 20, 2004 before me, Tauna Rothermel , personally appeared
STEVE LUTTON
Xpersonally 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 the same in his/her/their
authorized capacity(ies), an 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.
TNt1NA ROR'FIERMEI.
WITNESS my hand and official seal. Commiseicnf 1351179
Z ''� Notary Public-Cniftmla
Fnwo County
*Comm. Apr 13,20M
gnature
(NOTARY SEAL)
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
B b C�71�.�v►�-¢mus'-�J
Y
DEPUTY