HomeMy WebLinkAboutT-5110 - Agreement/Covenant - 2/15/2005 (3) p
WHEN RECORDED MAIL TO: I
City Clerk IIII III III I III II III III II III I III IIII(IIII I illll I II
City of Fresno FRESNO County Recorder
2600 Fresno Street Robert C, Werner
Fresno, CA 93721-3603 DOC— 2003-0282484
Acct 4-Fidelity National Title Company
Monday, NOV 24, 2003 08:00:00
NO FEE- Government Code 6103 Tt 1 Pd $0.00 Nbr-0001320130
r9r/R7/1-7
CITY OF FRESNO
Planning and Development Department
P.W. File No. 10513
JAF: (Lot 1) 10709 N. Price Avenue
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR PLANTING AND MAINTAINING FRONT YARD TREES
FOR TRACT NO. 5110
(Phase 11 of Tentative Map No. 4903)
STATEMENT OF COVENANTS
Planting and Maintaining Front Yard Trees
Tract No. 5110
Page 2
RECITALS
WHEREAS, Copper/Maple No. 2, 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:
Lots 1 through 48, inclusive, of Tract No. 5110 according to the map thereof
recorded in Volume_(pg__ of Plats at Pages _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. 5110 which would subdivide the subject property into a 48-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. 5110
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. 5110
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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11
11
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DATED: O'S
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
Copper/Maple No. 2, Inc.,
A California Corporation
By:
ick I Yovino, Director
DevI pment Department
By: .
Robert A. McCaffrey, Pre dent
APPROVED AS TO FORM:
Hilda Cantu Montoy B
City Attorne 16ivid-ltiabattari, Chief Operating Officer
By: ( ach Notary Acknowledgment)
D uty
(Attach Notary Acknowledgments)
5110-Covenant Front Yard Trees v9-16-03
STATE OF CALIFORNIA )
SS.
COUNTY OF FRESNO )
On October 3, 2003, before me, the undersigned, a Notary Public for the
State of California, personally appeared,Robert A. McCaffrey and David
Ciabattari, personally known to me (or 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 capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s) or the entity(ies) on behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Notary Public
L.S. My Commission Expires January 21,2007
t
MICHELE L. HOGAN
Commission t 1395535
Notary Public -California
Fresno County
My Comm.Expires Jan 21,2007
STATEMENT OF COVENANTS
Planting and Maintaining Front Yard Trees
Tract No. 5110
Page 6
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, Development Director
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
0
By
DEPUTY