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Home My WebLink AboutT-5220 - Agreement/Covenant - 2/10/2005 (4) WHEN RECORDED MAIL TO: f City Clerk IIII III III I III ii ii IIII II II VIII III III'I III I IIII City of Fresno FRESNO County Recorder 2600 Fresno Street Robert C. Werner Fresno, CA 93721-3603 DOC— 2004-0199779 Acet 5-First American Title Insurance company Tuesday, SEP 07, 2004 08:00:00 Tt1 Pd $0.00 Nbr-00001g �8920041-s NO FEE-Government Code 6103 CITY OF FRESNO Public Works Department P.W. File No. 10623 JAF: 5348 East Butler Avenue(T-5220, Lot 1) STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR MAINTAINING EXISTING HISTORIC OLIVE TREES FOR CERTAIN LOTS WITHIN TRACT NO. 5220 STATEMENT OF COVENANTS Maintaining Existing Historic Olive Trees Tract No. 5220 Page 2 RECITALS WHEREAS, SPENCER ENTERPRISES, INC.,a California Corporation, 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 3, inclusive, of Tract No. 5220 according to the map thereof recorded on 20044 in Volume ?Q of Plats at Pages 69 46," 2J 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. 5220 which would subdivide the subject property into a 61-lot single-family residential project, which has existing historic Olive trees in the East Butler Avenue rights-of-way and adjacent planting easement; and WHEREAS, the City of Fresno desires to obtain covenants from the Covenantor providing for the long-term maintenance of such historic Olive trees. 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 L STATEMENT OF COVENANTS Maintaining Existing Historic Olive Trees Tract No. 5220 Page 3 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 the City Engineer a written report detailing the pruning plan, insect and/or control measures as needed, and a long term maintenance program that will outline the care of these historic Olive trees. B. The Covenantor shall maintain such existing historic Olive trees. Maintenance of such trees shall include,but is not limited to,pruning,insect and/or disease control measures as needed, in accordance with a long term maintenance program approved by the Public Works Department. 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. 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 Maintaining Existing Historic Olive Trees Tract No. 5220 Page 4 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation SPENCER ENTERPRISES, INC. Public Works Department a California Corporation By: 7_ By: Michael T. Kim, P.E., Director Rlicha d F. Spencer, President (Attach Notary Acknowledgments) APPROVED AS TO FORM: Hilda Cantu Montoy City Attorney B ' eputy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California ss. County of Fresno i On August 19, 2004 before me, Karen Leigh Emery , Date Name and Title of Officer(e.g.,'Jane Doe,Notary PUWb) personally appeared Richard F. Spencer Name(s)of Signer(s) :E]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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their .We KAREN LEIGH EMERY i, r+ signature(s)on the instrument the person(s),or COMM.#1364734 NOTARY PUBLIC•CALIFORNIA the entity upon behalf of which the person(s) i FRESNO COUNTY '-' acted,executed the instrument. ( My Comm.Expires Juy 14,2006 WITNESS my hand and o ' ial seal. S770 Notes Public t � 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 i� Title or Type of Document: i Document Date: Number of Pages: i. Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: l' ❑ Individual Top of thumb here I ❑ Corporate Officer—Title(s): I ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator i ❑ Other: i i Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Sox 2402•Chatsworth,CA 91313-2402•www.natimatnotary.org Prod.No.5907 Reorder:Call Toll-Free i-OW-878.6827 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On August 27,2004, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Michael T. Kirn, P.E. Public Works 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. W/TNESSmy hand and official City Seal. REBECCA E. KLISCH, CMC C/TY CLERK By� a a Q Deputy August 27,2004(2:05pm)