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Home My WebLink AboutT-5211 - Agreement/Covenant - 4/25/2006 (2) WHEN RECORDED MAIL TO: City Clerk City of Fresno 0411912006,20060082339 2600 Fresno Street Fresno, CA 93721-3603 NO FEE -Government Code 6103 CITY OF FRESNO Planning and Development Department P.W. File No. 11704 L_J Cr' � C, ) C� U STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR PLANTING AND MAINTAINING FRONT YARD TREES FOR TRACT NO. 5211, PHASE 2 OF VESTING TENTATIVE MAP NO. 5029 STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No. 5211 Page 2 RECITALS WHEREAS, DC 5029, L.P., a California Limited Partnership, where applicable, shall be jointly 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 40, inclusive of Tract No. 5211, Phase 2 of Vesting Tentative Map No. 5029, according to the map thereof recorded on Aori I /!2 _, 20Qb in Volume :26- of Plats at Pages 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.5211,Phase 2 of Vesting Tentative Tract No.5029,which would subdivide the subject property into a 40-lot single-family residential project with one outlots for future development,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. 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, STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No. 5211 Page 3 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 underthis 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 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. 5211 Page 4 DATED: o OS' OF CITY OF FRESNO, COVENANTOR a Municipal Corporation DC 5029 L.P. A California Limited Partnership By: i 4�Av no, Director By: Team 5 Properties, INC., Plann n and Development A California Corporation As General Partner APPROVED AS TO FORM: By: ,7aNt5, C. Sd-uctfl 2Z InfP,lw Stephen L. Keel, Vice President 1116RA GAN, City Attorney By: (Attach Notary Acknowledgment) Deputy K:\Louis\FT 5211\FM 5211 Covenant Front Yard Trees v07-02-04.wpd CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rK'- - — — — — — - ,M,rcc-r—^.c r- .c�r-r,=�'-- —rc„C�l�'r•.�:�r�.r('- ,w:.rc:r,Cl`.cr �.cC'r:�'�:,rc;�- ,rr:=rrr-'Y State of California ss. County of i I I i Ori�• �� aG before me, Date ame]�d Ti a fficer(e. "Jane Doe,Nota ulok') personally appeared Name(s)of Signer(s) 'personally known to me ❑ proved to me on the basis of satisfactory evidence I• to be the personN whose nan-1 is/are subscribed to the within instrument and °„"..Tti BRENDA C. POE acknowledged to me that he/she4he+y executed , N�► �w COMM.#1612614 cn the same in hisA4@A4ei+r authorized i m NOTARY PUBLIC-CALIFORNIA 70 r FRESNO COUNTY capacity(ies), and that by his/ftir My COMM bap: Nov,Y,Rpg9 signature*) on the instrument the person(N, or the entity upon behalf of which the person(s) acted, executed the instrument. I I WITNES my hand and official seal. Place Notary Seal Above Signature of Notary Public I I 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 AttachedD u nt / Title or Type of Document: � tIaL Document Date: Number of Pages: (� Signer(s) Other Than Named Above: Capacity(ies) Claim Si Signer's Name: �( —T .I M1 ZLl ❑ Individual n Top of thumb here i ,R13 Corporate Officer—Title(s): I ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I I ❑ Other: LiSigner Is Representin j -- -. _. — '�'Ci.'T�C.�., _.,'._: -C,- -- - -C.-,_T'�.7✓,r1�.��-r�'t`C,- - c-r 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 Tract No. 5211 P.W. File No. 11704 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 23, 2005 , in the office of the Fresno County Recorder as Document No. 2005-0224500 of which the Deed of Trust in by and between:, DC529 L.P. as Trustor, Chicago Title Insurance Company as Trustee, and California Bank & Trust , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for Planting and Maintaining Front Yard Trees for Tract No. 5211, Phase 2 of Vesting Tentative Map No. 5029. DATED: BENEFICIARY cA L i wraJIt A ow By: By. Sheffie Hilliard Vice President & Manager (Beneficiary to print/type Name and Title; and attach Notary Acknowledgement) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I I State of California County of Fresno ss. I• I On March 13, 2006before me, Brenda C. Poe, Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Sheffie Hilliard Name(s)of Signer(s) X personally known to me J proved to me on the basis of satisfactory evidence I II to be the person(s) whose name( is/afe- subscribed to the within instrument and acknowledged to me that he/s#eAUe-t executed 15Ea�-�Fry� BRENDA C. POE the same in his/herflhrerr authorized N COMM.#1612614 M capacity(ies), and that by his4 erfthrir NOTARY PUBLIC-CALIFORNIAcn (n FRESNO COUNTY � signature(%on the instrument the person(,-), or oa My Gomm Exg:Nov:8,2999 the entity upon behalf of which the person(s) acted, executed the instrument. I I WITNE S my hand and official se a I , Place Notary Seal Above Signature of Notary Public I I 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 Subordination (Statement of Covenant) Title or Type of Document: I Document Date: Number of Pages: Signer(s) Other Than Named Above: None I � Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual - Vice President TDP of thumb here Corporate Officer—Title(s): , ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I I ❑ Other: Signer Is Representing: California Bank & Trust I• I I• I 0 1999 National Notary Association-9350 De Soto Ave_P.O.Box 2402-Chatsworth,CA 91313-2402-w .nationalnotary.org Prod.No.5907 Reorder,Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATION State of California) County of Fresno) On Aril 6. 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Nick P. Yovino. Planning and Development Director, 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 be 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. REBECCA E. KLISCH CITY CLERK, CMC 0 By -u- Deputy