HomeMy WebLinkAboutT-5103 - Agreement/Covenant - 8/11/2006 (4) WHEN RECORDED MAIL TO IIII III III I III II III III III II I III IIII I IIII I(I III III
City Clerk FRESNO County Recorder
City of Fresno Robert C, Werner
2600 Fresno Street DOC— 2003-0214583
Fresno, CA 93721-3603 Acct 5-First American Title Insurance Company
Tuesday, SEP 09, 2003 08:00:00
FRE $0.00
Tt 1 Pd $0.00 Nbr-0001242029
NO FEE-Government Code 6103 rgr/R7/2-8
P.W. File No. 10474 City of Fresno
Planning and Development Department
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
Plant and Maintain Front Yard Trees for Tract 5103
RECITALS
A. WHEREAS, Northern Sun Villas Estates,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 49, of Final Tract Map No. 5103, in the City of Fresno, County of
Fresno, State of California, according to the map thereof recorded onn�P.mbP.!' 9
2003, in Volume Coli , of Plats at Page(s), �_, Fresno County Records.
B. 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.
C. All such instruments of Subordination, if any, are attached hereto and made a part of this
instrument.
D. The Covenantor has applied to the City of Fresno for a final map which would subdivide the
subject property into a 49- lot single-family residential development project.
E. The City of Fresno desires to obtain covenants from the Covenantor to insure that the Subject
Property is not developed, used, or maintained in such a way as to adversely affect adjoining
properties.
STATEMENT OF COVENANTS
Front Yard Trees
Tract No. 5103
Page 2
COVENANTS, CONDITIONS, AND RESTRICTIONS
For favorable action on,and approval of,the Covenantor's application for approval of the Final Map
of Tract No. 5103, which is to be improved with public streets having a right-of-way widths of 50
feet and 54 feet, 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 plant the front yard area with a minimum of 2 medium size
trees with the provision that each medium size tree may be substituted with two (2)
small trees.
B. The Covenantor shall maintain in good health the a minimum of 2 medium size trees
or small trees which ever may be the case.
C. The single-family residential subdivision shall be developed in substantial
conformance with the approved Tract No. 5103, Phase III of Revised Vesting
Tentative Tract No. 4188/UGM400.
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
STATEMENT OF COVENANTS
Front Yard Trees
Tract No. 5103
Page 3
Subject Property who directly or who through any agent violate the terms hereof. All obligations
of the Covenantor underthis 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.
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 equitable.
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
Front Yard Trees
Tract No. 5103
Page 4
DATED: =%3103
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
Northern Sun Villas Estates,
a California Limited Partnership
By Northern California Universal Enterprise Co.
c . Yovino, Director Planning and a California Corporation, as Partner
Dev pment Department
APPROVED AS TO FORM: By.
Joe Wu, i e
HilVCantOntoyCitBy
WON—
beputy
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA }
COUNTY OF
On C " `� before me, the" dersigned, a Notary Public in and for
said State personally appeared
Name('s)-o S ner
❑ Personal) known to me OR ❑ roved to me on the ban's of satisfactory evidence to be the person(s)
Y P ry p n(s)
whose names) is/afe subscribed to the within
instrument and acknowledged to me that
he/sheAl,tey executed the same in his/hefAheir
_ authorized capacity(ies), and that by his/her/their
. . ` signature(s) on the instrument the person(s), or the
BHAKTI B. DESA) entity upon behalf of which the person(s) acted,
COMM.#1253197 Z executed the instrument.
W NOTARY PUBLIC-CALIFORNIA m
SANTA CLARA COUNTY P
My Commission Expires FFB. 11,2004 Witness my hand and official seal
Signature of Notary
(Area above for official notarial seal) Name(Typed or Printed)
Capacity Claimed by Signer Description of Attached Document
Individual(s) (Although this information is optional, it could prevent fraudulent
Corporate Officer(s) - Title(s) attachment of this certificate to another document.)
This certificate is for attachment to the document
described below:
,��`'t
Title or type of document`'y—��'`-� r i-`l
L L ,
❑ Partner(s)
❑ Attorney-in-Fact I i-lv, ! 7-i-77,
❑ Trustee(s)
❑ Guardian/Conservator Number of pages
❑ Other: Date of document 'a -
Signer(s) other than named above
Signer is Representing: Name of person(s) or -
Entity(ies)
SAVA 91 A(7/98)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On September 4 , 2003 before me, Elvia Sommerville personally
appeared Nick P. Yovino, Director Planning and Development Department 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
CITY CLERK
By ��
DEPUTY
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on March 11, 2003, in the office of the Fresno County Recorder, Document
No. 2003-0055914 of which the Deed of Trust in by and between Northern Sun Villas Estates,
a California Limited Partnership, as Trustor, First American Title Company, a Corporation, as
Trustee and Grand Pacific Financing Corporation, as Beneficiary, hereby expressly
subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement
of Covenants for Front Yard Trees for Tract No. 5103, Phase III of Vesting Tentative Tract No.
4188/UGM.
DATED: August 19 , 200
By:
'7' Richard ao, Senior Vice President
6rcintl Gc +Si G Ftr►Gne-in y Cc::0
(Attach Notary Acknowledgment)
State of California )
s.s
County of Los Angeles )
On August 12, 2443 before me, Keith Lam, Notary Public, personally appeared Richard
Tao, personally known to me (of proved to •ae en the basis of s.-Ais f e*^r avide.,,.°) to be
the person(s)whose names)is/afe subscribed to the within instrument and acknowledged
to me that he/she%hey executed the same in his/herAhei-F authorized capacity(ies), and
that by his/hen4heir-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. `""'
Commission 1i 129 112% j;
Z Notary Public - CalifomiC
Z Los Angeles Caunfy
Signature of Not ublic (Seal)
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