HomeMy WebLinkAboutT-5102 - Agreement/Covenant - 2/9/2005 (3) WHEN RECORDED MAIL TO:
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City clerk FRESNO County Recorder
City of Fresno corder
2600 Fresno Street Robert C, Werner
Fresno, CA 93721-3603 DOC— 2003-0276615
Acct 4-Fidelity National Title Company
Monday, NOV 17, 2003 08:00:00
NO FEE-Government Code 6103 Tt 1 Pd $0.00 Nbr-0001312998
rgr/R7/1-7
CITY OF FRESNO
Planning and Development Department
P.W. File No. 10546
JAR Lot 1, 8923 N. Matus Ave.
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR PLANTING AND MAINTAINING FRONT YARD TREES
FOR TRACT NO. 5102
i
STATEMENT OF COVENANTS
Planting and Maintaining Front Yard Trees
Tract No. 5102
Page 2
RECITALS
WHEREAS, Lennar Fresno, Inc., a California Corporation, hereinafter designated as the
"Covenantor," is the owner of that certain real property in the City of Fresno, County of Fresno,
State of California, hereafter referred to as the "Subject Property" and more particularly
described as follows and by this reference made part of this Statement of Covenants:
Lots 1 through 56, inclusive, of Tract Map No. 5102, in the City of Fresno,
County of Fresno, State of California, according to the Final Map thereof
recorded on NA,,,c,W 6 e r- I') , 2003 in Volume tii� , of Plats at
Pages ,Lf- 7J ,Fresno County Records.
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. 5102 which would subdivide the subject property into a 56-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.
T
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STATEMENT OF COVENANTS
Planting and Maintaining Front Yard Trees
Tract No. 5102
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. 5102
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.
111
DATED: /0 22-o3
CITY OF FRESNO, COVENANTOR
a Municipal Corporation Lennar Fresno, Inc.,
A California Co ration
By: By:
Wick Yovino, Director Steve on, Vice-President
Deve pment Department
APPROVED AS TO FORM:
Hilda Cantu M ntoy
City Attorne
By:
Deputy (Attach Notary Acknowledgments)
LDBE FORM Covenant Front Yard Trees v7-3-03
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA}
COUNTY OF FRESNO}
On L✓t hql C q) 1 1 C20 0 before me,
KELLY G. SWERTFAGER personally appeared:
-:5�tue,
personally known to me ( to
be the person(s) whose names Is re subscribed to the within instrument and
acknowledged to me that &he/t,�h;_e executed the same in �er/their
authorized capacity(ies), an that byCn.�er/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
KELLY G. SWERTFAGER (NOTARY
-• COMM. #1352032 - SEAL)
• NOTARY PUBLIC•CALIFORNIA `'.
FRESNO COUNTY
M c.mm,Expires May 14,2006
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On October 30,2003, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
Nick P. Yovino,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.
WITNE55 my hand and official City Seal.
REBECCA E. KL15CH
City Clerk
B
Deputy