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Home My WebLink AboutT-5117 - Agreement/Covenant - 2/17/2005 (3) r j a 1210212003,N 0287592 y .?''i i'3; x3;;.i:>':.• 1' x .:s. 3ii'`f 33g{E€,d;<E��°' i>ifE:3> F3s fi'r";s>z::»>.33Ffx::13��tiisq,{;s 3»3f 3I, 3 £ t I I 3L S IBM iyy;ayE Sy.yy. RUN Fy ssr � +. RQRIER 3�f;f £3'Ssss:a33s:i:i:t;x <?�I1 i3,si x E E, y ..�.:«F:F«<:y<.. ...:.« ISD .<. ...�7 E. .. i,af.E�3�.3i.Y <> ... ::::.. �::#r{jj P.W. File No. 10515 Planning and Development Department City of Fresno t:" STATEMENT OF COVENANTS 0 AFFECTING LAND DEVELOPMENT LL (Tract No. 5117) tJ Plant and Maintain Front Yard Trees tip t RECITALS �a Q A. WHEREAS, Ennis-Langdon Homes, 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 35, inclusive, of Tract Map No. 5117, in the City of Fresno, County of Fresno, State of California, according to the Final Map thereof recorded on Df r-exn6eA- a , 2003 in Volume �, of Plats at Pages ; 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. STATEMENTS OF COVENANTS AFFECTING LAND DEVELOPMENT Tract No. 5117 Page 2 D. The Covenantor has applied to the City of Fresno for a final map which would subdivide the subject property into a 35- 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. COVENANTS. CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantors application for approval of the Final Map of Tract No. 5117, 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. STATEMENTS OF COVENANTS AFFECTING LAND DEVELOPMENT Tract No. 5117 Page 3 C. The single-family residential subdivision shall be developed in substantial conformance with the approved Tract No. 5117, of Vesting Tentative Map No. 5117/UGM. 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. 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. r STATEMENTS OF COVENANTS AFFECTING LAND DEVELOPMENT Tract No. 5117 Page 4 DATED: 0a rod ER Z? , 206 3 COVENANTOR Ennis-Langdon Homes, Inc. CITY OF FRESNO, a California Corporation a Municipal Corporation By: By: _ Rich S. 1 aRgdon, jr, l2residept- Ovino, Director Brian Ennis, Secretary Planni and Development Department APPROVED AS TO FORM: HILDACANT ONTO (Attach Notary Acknowledgment) City Al o e By: De puty CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 'I tj ss. On &nc� ��. Zw-� before me, SSS 461 Date T Name and Title of Officer(e.g.,"Ane Doe,Notary Publ' ) personally appeared �1ti.1 I(l r S Name(s)of Signer(s) C9-fe–rsonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(is) whose name(A) is/are -0 subscribed to the within instrument and SUSAN LAFFERTY acknowledged to me that he/she/trtey executed commission#1358286 z the same in hisAerftheir authorized Notary Public-California > capacity4s), and that by his/herftheir Z Tulare County signature(s)on the instrument the person(s), or MyCcmn.F iraMay12,20M the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my handofficial seal. Signaturelof 90T Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document t Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: two IN ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth.CA 91313-2402•www.nationalnotaryorg Prod.No.5907 Reorder.Call Toll-Free 1-800-876-8927 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On October 22,2003, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Nick P. Yovino, Planning and 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. WITNESS my hand and official City Seal. REBECCA E. KLISCH City Clerk a v By P o Deputy