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Home My WebLink AboutT-5134 - Agreement/Covenant - 2/17/2005 (3) WHEN RECORDED MAIL TO: 111 IN 1111111111111 IN I 11111111 City Clerk FRESNO County Recorder City of Fresno Robert C, Werner 2600 Fresno Street DOC— 2003-0301964 Fresno, CA 93721-3603 Acct 5-First American Title Insurance Company Monday, DEC 22, 2003 08:00:00 Tt1 Pd $0.00 Nbr-0001342557 NO FEE- Government Code 6103 rgr/R7/2-9 CITY OF FRESNO Planning and Development Department P.W. File No. 10573 JAF: 5848 West Rialto Avenue ( Lot 1) STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR PLANTING AND MAINTAINING FRONT YARD TREES FOR TRACT NO. 5134 i STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No. 5134 Page 2 RECITALS WHEREAS,Capistrano Fresno Partners II,L.L.C.,a California Limited Liability Company, 7545 North Del Mar Avenue, Suite# 105, Fresno, California 93711 designated and referred to as the "Covenantor," is the owner of that certain real property in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the"Subject Property"and more particularly described as: Lots 1 through 92, inclusive, of Tract No. 5134 according to the map thereof recorded on Decezhbe.r- 22. , 2003 in Volume (v$ of Plats at Pages X14 • a(. , Fresno County Records; and 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.5134 which would subdivide the subject property into a 92-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. 5134 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. 1 STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No. 5134 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. r r' DATED: �EcEMaFQ iii 2003 CITY OF FRESNO, COVENANTOR a Municipal Corporation Capistrano Fresno Partners II, L.L.C. a California Limited Liability Company By: �A AI'W�11 John S amshoian, Member By: Ni F5.1fovilno, Director Planning and By: Develo ment Department Covington Fa ily Partnership, a Califo eneral Partnership ember By: tc Covington, G eral Partner APPROVED AS TO FORM: Hilda CantO Montoy City Attor By: e (Attach Notary Acknowledgment) LDBE FORM Covenant Front Yard Trees v9-19-03 jeffb 11-07-03 STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No. 5134 Page 6 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On before me, personally appeared 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. K.LISCH CITY CLERK By DEPUTY CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT File No: (TD) STATE OF California )SS APN No: COUNTY OF Fresno ) On 11-12-2003 before me, Patricia M.Sanchez personally appeared John Shamshoian and R. Mitch Covington 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 authorized capacity(ies) and that by his/her/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.I L PATRICIA M 9ANCNEZ SignaturegffcL 940 ��p�#E�3� FRESNO COLwly Cw n.Exorm F ,XM This area for official?icifarill ea. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute doe of require the Notary to fill in the data below,doing so may prove invaluable to persons relying on the documents. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: 61 ATE, E N j ;- DI- P o k I Li,_l A1�75 �f tf_-C -1 1,An (J� �,'iTrt ArrNo �'�5 NUMBER OF PAGES ') L RC��L��l�etQ4'E. DATE OF DOCUMENT afPti-.V j�(�i s1 11-1Z.�)O SIGNERS) OTHER THAN NAMED ABOVE j�j (r,l�. P. �e�v� l N�� '� �t Ln CAt�Tl1 I`�'I0QTrI� Reproduced by First American Title Insurance /2001 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 17. 2003, in the office of the Fresno County Recorder as Instrument No.2003-0137021 of which the Deed of Trust in by and between: Capistrano Fresno Partners II, LLC as Trustor, Fidelity National Title Company, a California Corporation , as Trustee, and Jeff Showalter , as Beneficiary, hereby expressly subordinates said Deed of Trust and it's beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for Front Yard Trees for Tract No. 5134. DATED: 11-1-3 -03 BENEFICIARY k S houa If (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On %J� �y� before me, !/Z &4yt;ts(a� , Date Nam and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appearedr� Name(s)of Signer(s) ❑ personally known to me ❑ 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 DWAW .►� acknowledged to me that he/she/they executed �COW,, 1113696M the same in his/her/their authorized �-CAlF01 capacity(ies), and that by his/her/their �yCornnF �j(„�13,E signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE my hand and offi i ea ( Place Notary Seal Above Signature of Notary Public l 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 Title or Type of Document: i Document Date: Number of Pages: Signer(s)Other Than Named Above: r Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827