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Home My WebLink AboutT-5102 - Agreement/Covenant - 2/9/2005 (5) Recording Requested b IIII III IN 1111111111111111111111111 IN IIII I FRESNO County Recorder City Clerk Robert C, Werner City of Fresno DOC— 2003-0276614 2600 Fresno Street Acct 4-Fidelity National Title Company Fresno, Ca 93721-3603 Monday, NOV 17, 2003 08:00:00 Tt 1 Pd $0.00 Nbr-0001312996 rgr/R7/1-9 No Fee-Govt. Code 6103 SPACE ABOVE FOR RECORDER'S USE 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 LANDSCAPING AND MAINTAINING REMAINDER AREA LOCATED ADJACENT TO THE EASTERN BOUNDARY OF TRACT NO. 5102 Statement of Covenants Landscaping and Maintaining of Remainder Area Tract No. 5102 Page 2 WHEREAS, Lennar Fresno, Inc., a California Corporation, hereinafter referred to as the "Covenantor," is the owner of the real property situated in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described as attached Exhibit"A": 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 WHEREAS, all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and WHEREAS, the Fresno City Planning Commission on March 5, 2003 adopted Resolution No. 11616, approving the Vesting Tentative Map No. 5102, hereinafter referred to as "Tentative Map," subject to the State Subdivision Map Act, Fresno Municipal Code, City Policies, including the specific conditions of approval, dated April 7, 2003, hereinafter referred to as "Conditions". WHEREAS, a condition of approval for the Final Map of Tract No. 5102, hereinafter referred to as "Final Map," requires the provision and maintenance of an area located adjacent to, and on the eastern boundary, as delineated on the Final Map of Tract No. 5102, and hereinafter referred to as "Remainder". WHEREAS, the Covenantor and the City of Fresno desire to enter into an agreement providing for the development and maintenance of the "Remainder'. s Statement of Covenants Landscaping and Maintaining of Remainder Area Tract No. 5102 Page 3 COVENANTS, CONDITIONS, AND RESTRICTIONS 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, desirability, and safety 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 shall run with the subject property and shall be binding upon and inure to the benefit of each successive owner of the Subject Property and his heirs, successors, and assigns. 1. The Covenantor agrees that the Subject Property shall be used as "Remainder' 2. The Covenantor agrees to construct, landscape and maintain said "Remainder' facilities. 3. The "Remainder' area shall be constructed to conform to the plans prepared at the Covenantor's expense and approved by the Planning and Development Department. The design of the "Remainder" area, including fencing, shall conform to conditions of approval of Tract No. 5102, and the City of Fresno General Plan policies. The work shall be constructed pursuant to any necessary permit issued by the Planning and Development Department. 4. The "Remainder' area shall be completed and inspected by the City of Fresno, Planning and Development Department prior to occupancy of the 29th dwelling in Tract No. 5102. Statement of Covenants Landscaping and Maintaining of Remainder Area Tract No. 5102 Page 4 5. Notwithstanding any provision of this Statement to the contrary, the Covenantor shall have the right to establish conditions and prohibitions on public access to the "Remainder' area until such time as the open space development has been completed and inspected by the City of Fresno Planning and Development Department pursuant to Section 4 above. 6. The Covenantor shall deposit with the City a maintenance security in the amount of $10,000.00, in the form of a certificate of deposit or passbook assigned to the City or cash to insure continued maintenance of the "Remainder' area. T. The security deposit may be use by the City to defray all or part of the cost to maintain the "Remainder' area should the Covenantor fail to maintain said facility in accordance with approved plans. 8. The maintenance of the Subject Property as "Remainder" area shall remain the responsibility of the Covenantor and the security deposit shall not remove the City's ability to enforce the provision of the agreement by any legal or equitable means. 9. This Statement shall in no way be construed as a grant by the City of Fresno of any rights to the Covenantor to trespass upon land rightfully in the possession of, or owned by another, whether such land be privately or publicly owned. M1 Statement of Covenants Landscaping and Maintaining of Remainder Area Tract No. 5102 Page 5 10. The City of Fresno shall not be liable to the Covenantor or to any other person, firm or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on or about the Subject Property of said land covered by this Statement, or any part thereof. The Covenantor hereby releases and agrees to indemnify, defend and save the City of Fresno harmless from and against any and all injuries to and deaths of persons, and all claims, demands, costs, loss damage and liability, howsoever same may be caused, resulting directly or indirectly from the performance of any or all work to be done in and upon the street rights-of-way and said Subject Property and upon the premises adjacent thereto pursuant to this Statement, and also from all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and liability, howsoever same may be caused, either directly or indirectly made or suffered by the Covenantor, the Covenantor's agents, employees and subcontractors, while engaged in the performance of said work. The Covenantor further agrees that the use for any purpose and by any person of any and all of the open space facilities hereinbefore specified, shall be at the sole and exclusive risk of the Covenantor. 11. The conditions of this Statement are intended to benefit both the Subject Property, the public and public properties. Accordingly, it is agreed 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 the Subject Property who directly or who through any agent violate the terms hereof. 12. 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 enforce ability of any other provision hereof. Whenever the context of the Statement so requires, in interpreting this Statement, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. Statement of Covenants Landscaping and Maintaining of Remainder Area Tract No. 5102 Page 6 DATED: )0-2R-o-3 CITY OF FRESNO, COVENANTOR a Municipal Corporation Lennar Fresno, Inc., A California Corporation By: Nick Povino, Director Planni and Development Department By: APPROVED AS TO FORM: Steve Lutton, Vice-President HILDA CANT -MONTY Cit By - Deputy (Attach Notary Acknowledgments) ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA} COUNTY OF FRESNO} On J149 tv 71 C200before me, KELLY G. SWERTFAGER personally appeared: ':5�tue 40A-yl) I personally known to me ( ) to be the person(s) whose name is re subscribed to the within instrument and acknowledged to me that he/thev executed the same in QZiz er/their authorized capacity(ies), an that by( 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 --7 ��',q (NOTARY SEAL) QMKELG.SWERTFAGER COMM.*1352032 NOT "UC CAL OItMA FRESNO COUNTY LY y Camm.Expires May 14,2006 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On October 30 , 2003, before me, Elvia Sommerville personally appeared Nick P. Yovino, Planning and Development Department Director, personally known to me (or provided to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of the CITY OF FRESNO of which the person acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK 0 0 By DEPUTY Covenant-Remainder Facilities-T-5102 I LEGAL DESCRIPTION (Remainder Area) Lots 3 and 4 of Garfield Park Colony, according to the map thereof recorded in Book 2, Page 66 of Record of Surveys, Fresno County Records. EXCEPTING THEREFROM all the portion of said land lying within Tract No. 4979, according to the map thereof recorded in Volume 65 Pages 34 and 35 of Plats, Fresno County Records. ALSO EXCEPTING THEREFROM Lots I through 56 of Tract No. 5102, according to the map thereof recorded in Volume &3 , Pages 7 N - 7 of Plats, Fresno County Records. EXHIBI -A