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HomeMy WebLinkAboutT-5215 - Agreement/Covenant - 12/5/2005 (4) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 11123/2885,28858276165 9a. ® NO FEE -Government Code 6103 4L1 CITY OF FRESNO W Public Works Department J a P.W. File No. 10759 JAF: 2012, 2015 South Seventh Street 2008, 2011 South Eighth Street STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR PLANTING AND MAINTAINING LANDSCAPING ALONG REAR PROPERTY LINES ALONG EAST CALIFORNIA AVENUE FOR TRACT NO. 5215 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR PLANTING AND MAINTIANING LANDSCAPING ALONG THE REAR PROPERTY LINE OF FINAL TRACT MAP NO. 5215 RECITALS A. Spradling Construction, Inc., a California Corporation, hereinafter referred to as "the Covenantor," is the owners 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 3, 4, 5, 12, 13, 14, 21, 22, 23, 30, 31 and 32 of Final Map No. 5215 recorded in Volume 93 of Pages 1-5&Fresno County Records, Fresno County. T 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, all such instruments of Subordination, if any, are attached hereto and made,a part of this instrument. C. The Covenantor has applied to the City of Fresno requesting the approval of Final Map No. 5215 which would require planting and maintaining the landscaping along the south property line of the subject property as a condition of approval. D. The City of Fresno desires to obtain covenants from the Covenantor to.insure that the Subject Property is improved, used, or maintained in such a way as to insure that the conditions of approval are complied with and that adjoining properties are not adversely affected. COVENANTS, CONDITIONS, AND RESTRICTION For favorable action on and approval of the Covenanter'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. A. Covenantor hereby covenants to the following: 1. The Covenantor shall provide an irrigation system in accordance with the Fresno Municipal Code, Section 12-306-N-23 on the subject property as approved by the City. '4 2. The Covenantor shall maintain the irrigation system in an operable and efficient condition. 3. The Covenantor shall install trellis systems on the subject property to support climbing vines attached to the northerly face of the existing wall along the south property line and plant landscaping materials including climbing vines along the northerly face of the wall and two (2)trees. 4. The Covenantor shall maintain plant material and trees in good health, or cause for the replacement of plant materials and/or trees due to loss. k 5. The,Covenantor shall maintain a masonry wall on the subject property,as approved by the City,free from graffiti,debris,other materials,or conditions which.may cause a public health hazard. 6. The Covenantor will notify any buyer,by the use of real estate disclosure statement, of this instrument. 7. The Covenantor will notify any buyer,by the use of real estate disclosure statements, of the proximity of the property to the railroad line and that the operation of the railroad may affect the habitability and quiet enjoyment of the property. 8. The Covenantor's also agree to indemnify, hold harmless, and defend the City and each of its officers, agents., and employees from any and all loss, liability, costs, and damages, and from any and all claims, demands and actions in law or equity(including attorney's fees and legal expenses), arising or alleged to have arisen directly or indirectly out of or in any way connected with the. approval of the development of the subject property with residential unit lots adjacent to railroad tracks. B. 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. The City may, upon 30 days notice and failure to correct, enter upon subject property.to. ring property into compliance with this covenant.The City may collect any and all costs to enforce this convent including placing a lien upon the subject property. C. The;foregoing conditions shall remain in full force and effect until such time as the City of Fresno finds the enforcement of such condition is no longer necessary. 9 D. 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. DATED: CITY OF FRESNO COVENANTORS A Municipal Corporation Spradling Construction, Inc. a California Corporation By: jPlani — By AIC ovino, Director Sherman a ling, eneral Partner and Development.Department Approved As To Form: Hilda Cantu Monto , City orn By: Duty (Attach Notary Acknowledgment) ;.y CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO s On 2005 before me, personallyappealed Y7.�tkl -/-)c &�c.� personally known�to me (or provided tovme on the basis of satisfactory evidence) to be the persons(s) whosename(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 of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK By: Deputy F; II 1 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on October 3, 2003, in the office of the Fresno County Recorder in Documents No. 20030239299 of which the Deed of Trust in by and between: Spradling Construction, Inc, a California Corporation, as Trustor, Chicago Title Company, as Trustee, and Jack McClellan, an unmarried man, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto the foregoing STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR PLANTING AND MAINTIANING LANDSCAPING ALONG THE REAR PROPERTY LINE OF TENTATIVE VESTING TRACT MAP NO. 5215. r Beneficiary(s): Date: a d 1acK NTcClelfa� (Beneficiary to print/type Name, Title and attach Notary Acknowledgement) I' s SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 10, 2005, in the office of the Fresno County Recorder in Documents No. 20050129793 of which the Deed of Trust in by and between: Spradling Construction, Inc, a California Corporation, as Trustor, Estate Financial, Inc.,a California Corporation, as Trustee, and Estate Financial, Inc., a California Corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto the foregoing STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR PLANTING AND MAINTIANING LANDSCAPING ALONG THE REAR PROPERTY LINE OF TENTATIVE VESTINGTRACT MAP NO. 5215. Beneficiary(s): Date: Es4�94e FINANcCAL, 1NC 1 .. esi en I Ib'6'�S (Beneficiary to print/type Name, Title and attach Notary Acknowledgement) ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA} COUNTY OF FRESNO} d cPr� (�, On _ before me, KELLY G. SWERTFAGER personally appeared: personally known to me to be the person(s) whose name(s) i e bscribed to the within instrument a d acknowledged to me that he/sh t xecuted the same in his/h their authorized capacity(ies), an that by his/her eir gnature(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 4� (NOTARY . SEAL) KELLY.G. SWERTFAGER G ZOMM.#1352032 -4 � NOTARY PUBLIC-CAUFORNIA FRESNO COLOM MY Comm.Expires May 14.2006 ft1 Yw'i ddb r z,« KELLY G. VERH COMM.#1352032 f- NOTARY .5 �� My Comm. COLIfVTY { : Exp"WY 14,2006 ;r CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT ,y ,((11 State of I.A,I1�0at k Q County of ',-*Ln 1, i s 06,.E n .On Or"er t4,SODrj before me, Pa�.�se � p •� Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared r n Name(s)of Signer(s) - 2 proved to me on the basis of satisfactory evidence to be the person(,< whose name(' is/ace- subscribed to the within instrument and acknowledged to me that 4efshedb y executed the same in J*s/her/tAeit-authorized capacityoae�, and that by hiether/*&r signature(e' on the instrument the person(<or the entity upon behalf of which the person(yYacted, executed the instrument. 97' NOTARY URA N1. PAULSEIVWITNESS my hand and officials al. OMM. #1340652 PUBLIC-CALIFORNIA�+N LUIS OBISPO COUNTYDmm.EXPIrss Jan.25,2086 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: q�-ptelY�Yl�Fit- �VQ►`1Q1(1 �_ Document Date: Number of Pages: Signer(s) Other Than Named Above: . Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee F1Guardian or Conservator - ❑ Guardian or Conservator . Other: Top of Thumb here ❑ Other: To of Thumb here Signer Is Representing: Signer Is Representing: k"