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Home My WebLink AboutT-5163 - Agreement/Covenant - 2/17/2005 (3) WHEN RECORDED MAIL TO: I IIII III III I III II II IIII I IIII I II VIII I IIII I VIII I II City Clerk FRESNO County Recorder City of Fresno Robert C. Werner 2600 Fresno Street DOC— 2004-0171259 Fresno, CA 83721-3603 Aeet 8-Steuart Title Of Fresno County Thursday, AUG 05, 2004 08:00:00 Ttl Pd $0.00 Nbr-0001555904 NO FEE- Government Code 6103 r g r/R7/1-7 CITY OF FRESNO Planning and Development Department P.W. File No. 10607 JAF: 5163 West Scott Avenue (T-5163, Lot 1) STATEMENT OF-COVENANTS AFFECTING LAND DEVELOPMENT FOR PLANTING AND MAINTAINING FRONT YARD TREES FOR TRACT NO. 5163 PHASE IV OF VESTING TENTATIVE MAP 4384/ UGM 511 i t STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No. 5163 Page 2 RECITALS WHEREAS, REXFORD DEVELOPMENT CORP., a California Corporation, 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 68 and Outlot"A", inclusive and of Tract No. 4835 according to the map thereof recorded on CjUau•sf ,9 , 20,011 _ in Volume !26_of Plats at Pages q9 r- 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. 5163 which would subdivide the subject property into a 68-lot single-family residential and one outlot 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. 5163 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. 5163 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. 5163 Page 5 DATED: ��he Z9. 2-cr:14 CITY OF FRESNO, COVENANTOR a Municipal Corporation REXFORD DEVELOPMENT CORP. a California Corporation By: IDertment Yovino, Director �. g and Development By: ichard K. Ehrlich, Director and President APPROVED AS TO FORM: Hilda Cantu Montoy City Attorney By: �a�— a . ) Depu y (Attach Notary Acknowledgments) LD&E FORM Covenant Front Yard Trees v9-17-03 louisr 05105/2004 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California L� rTrUllLl�,f County of os ss. l On - uAJE ';' -Len S/ before me,AZ(Z T/IY�(G'R/fi2 &67*0-Y ry0L1 Date D C Name and Title of Othcer(e.g.,"Jane Doe,Notary Public') i personally appeared rf tC#1'h4D 1�-- F H 9L-1C-# Nams(s)of Signer(s) I ❑personally known to me roved to me on the basis of satisfactory evidence to be the personwhose name Wafes- subscribed to th within instrufient and i acknowledged to me that he/shelf""xecuted AZIZ JANGBAR� the same in hisAvOtheis authorized COMM.#11269797 H capacity(iee} and that by his/har4their NOTARYPUBUC-CALIFORNIA 0 signatureA on the instrument the personoll or LOS ANGELESCOUNTY the entity u p lam' M„Comm.Wire My 3.2ow y pon behalf of which the erson acted, executed the instrument. I WITNES hand an ffici eal. 00-0,1015iry 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 Doc�u/m�-e-�nt // i Title or Type of Document: ��' ✓ C � -I Document Date: Number of Pages: I Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer (' Signer's Name: Cndividual Top of thumb here Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General t� ❑ Attorney-in-Fact ❑ Trustee X ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I O 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 1-800-878-6827 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On July 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. KL ISCH, CMC CITY CLERK U d By—t� DYW ?i�tlZl -J Deputy July 9,2004(3:40pm) 17