HomeMy WebLinkAboutT-5135 - Agreement/Covenant - 3/2/2005 (4) WHEN RECORDED MAIL TO:
City Clerk
LLJ City of Fresno _
n �: 2600 Fresno Street -
Oa Fresno, CA 93721-3603 --� 200400332$0
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C,.9 NO FEE- Government Code 6103
CITY OF FRESNO
Planning and Development Department
P.W. File No. 10571
JAF: 5882 East Erin Avenue (T-5135, Lot 1)
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR PLANTING AND MAINTAINING FRONT
YARD TREES FOR TRACT NO. 5135
(Phase VI of Vesting Tentative Map 4570/UGM 563)
T
STATEMENT OF COVENANTS
Planting and Maintaining Front Yard Trees
Tract No. 5135
Page 2
RECITALS
WHEREAS, GRANVILLE HOMES, INC., 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 189, and Outlot"A," inclusive and of Tract No. 5135
according to the map thereof recorded on F7&P�omic,rca Ict , 20 0 Lf
_
in Volume tocl of Plats at Pages 1 "I"1•�t �� ,
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. 5135 which would subdivide the subject property into a 189-lot single-family residential
project and one outlot for landscape and open space purposes 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. 5135
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. 5135
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.
STATEMENT OF COVENANTS
Planting and Maintaining Front Yard Trees
Tract No. 5135
Page 5
DATED:
CITY OF FRESNO,
a Municipal Corporation COVENANTOR
GRANVILLE HOMES, INC.
By: a California Corporation
i . Yovino, Director
De lopment Department
APPROVED AS TO FORM: Farid Assemi, President
Hilda Cantu Montoy
City Attorney
By:
uty
(Attach Notary Acknowledgments)
LD&E FORM Covenant Front Yard Trees v9-17-03
louisr 01/06/2004
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On ' A before me,
Date ` game and Title o icer(e.g.,"Jane Doe,N Public")
personally ap eared �� 55� �
Name(s)of Signer(s)
'[personally known to me
❑ proved to me on the basis of satisfactory
evidence
CHNSTINE& to be the person(s) whose name(s) is/are
COMIMA.i1subscribed to the within instrument and
1"MMNeracknowledged to me that he/she/they executed
FRESNO COUNTY the same in his/her/their authorized
COMM.Exp'OCT.20 2006 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.
Signature of Notary 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
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) 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 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On February 9, 2004, 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
y
of d
By.
Deputy