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Home My WebLink AboutT-5260 - Agreement/Covenant - 2/10/2005 (2) WHEN RECORDED MAIL TO: IIII III III I 1111111 City Clerk FRESNO County Recorder City of Fresno Robert C, Werner 2600 Fresno street DDC— 2004-0195191 Fresno, CA 93721-3603 Acct 4-Fidelity National Title Company Tuesday, AUG 31, 2004 08:00:00 Ttl Pd $@.0e Nbr-0001583606 NO FEE-Government Code 6103 r g r/R7/1-7 CITY OF FRESNO Planning and Development Department P.W. File No. 10649 JAF: 2222 East Carnoustie Avenue (T-5260, Lot 1) STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR PLANTING AND MAINTAINING FRONT YARD TREES FOR TRACT NO. 5260 PHASE 3 OF VESTING TENTATIVE MAP 4903/ UGM STATEMENT OF COVENANTS Planting and Maintaining Front Yard Trees Tract No. 5260 Page 2 RECITALS WHEREAS, COPPER I MAPLE NO. 2, INC.,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 60, inclusive and of Tract No. 5260 according to the map thereof recorded on $UWAsf 31 , 20V.!�__ in Volume_ZQof Plats at Pages !03 4 G Y , 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. 5260 which would subdivide the subject property into a 60-lot single-family residential and one outlot for water well site 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. 5260 Page 3 COVENANTS CONDITIONS AND RESTRICTIONS For favorable action on and approval of the Covenantors 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. 5260 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. J!! 111 Y STATEMENT Of COVENANTS Planting and Maintaining Front Yard Trees Tract No. 5260 Page 5 DATED: Qt,[Srid' 17.Z4c3'o CITY OF FRESNO, COVENANTOR a Municipal Corporation COPPER/MAPLE NO. 2, INC. a California Corporation By: I kvino, Director Dev I pm Department By: APPROVED AS TO FORM: Robert A. McCaffrey, resident Hilda Cantu Montoy City Attorney By: ' avid Ciabattari, Chief Operating Officer eputy (Attach Notary Acknowledgments) LDBE FORM Covenant Front Yard Trees v9-17-03 louisr 06/19/2004 STATE OF CALIFORNIA ) SS. COUNTY OF FRESNO ) On July 17, 2004, before me, the undersigned, a Notary Public for the State of California, personally appeared,Robert A. McCaffrey and David Ciabattari, 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 the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity(ies)on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public L.S. My Commission pire . Januac 21 07 MICHELE L. HOGAN Commission 1 1395535 MMyQNCtory Public - California �y Fresno County Comm.E)pkes Jan 21,2007 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTYOFFRESNO ) CITY OF FRESNO ) On August 20,2004, 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 0 By Deputy August 20,2004(3:30pm)