HomeMy WebLinkAboutT-5412 - Agreement/Covenant - 8/16/2006 (3) WHEN RECORDED MAIL TO: q
City Clerk 11111111111111111111 IN I 11111111
City of Fresno FRESNO County Recorder
2600 Fresno Street Robert C, Werner
Fresno, CA 93721-3603 DOC— 2006_0145986
Acct 5-First American Title Insurance Company
Thursday, JUL 13, 2006 08:00:00
NO FEE - Government Code 6103 1tI Pd $0,00 Nbr-0002235151
RGR/R4/Z-9
CITY OF FRESNO
Planning and Development Department
P.W. File No. 10778
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR PLANTING AND MAINTAINING FRONT YARD TREES FOR
TRACT NO. 5412, PHASE 2 OF VESTING TENTATIVE MAP NO. 4598
STATEMENT OF COVENANTS
Planting and Maintaining Front Yard Trees
Tract No. 5412
Page 2
RECITALS
WHEREAS, LAFFERTY GDCI FRESNO, L.P.,A DELAWARE LIMITED PARTNERSHIP
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 111, inclusive, of Tract No. 5412, Phase 2 of Vesting Tentative Map
No. 4598 according to the map thereof recorded on SL4/u /3 , 20 ()�
in Volume of Plats at Pages , Fresno County Records; and
3S
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. 5412., Phase 2 of Vesting Tentative Map No.4598 which would subdivide the subject property
into a 111-lot single-family residential project 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. 5412
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 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
Planting and Maintaining Front Yard Trees
Tract No. 5412
Page 4
DATED: oG d
CITY OF FRESNO, K:\Louisr\FT 5412\FM 5412 Covenant Front Yard Trees v07-02-04.wpd
a Municipal Corporation
COVENANTOR
LAFFERTY GDCI FRESNO L.P.
By: LAFFERTY/LANDCASTLE, LLC
a California Limited Liability Company
By. its General Partner.
Nick 4pent
vino, Director Planning and --
Devel Department
By
'}Rick S. Laderty, Managing Member
APPROVED AS TO FORM:
James C. Sanchez (Attach Notary Acknowledgments)
City Attorney
r Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of C nil 1 . (M4A=eN
i�
i
On MQjf n -)QCkP before me, �,�kQ LeGns�E'��(
1 Date Nartle and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared P, Y
Name(s)of Signer(s)
N.Personally known to me
❑ proved to me on the basis of satisfactory
evidence
)
to be the person( whose name) is/aleARDE
SE lt-4 subscribed to the within instrument and
KELLY�� acknowledged to me that he/spe/thiy executed
Coruw-Comornia the same in his/hvr/thtir authorized
.� Cha Codo County capacity(igg), and that by his/h f�l�eir
CorrNn Aug2o•2uuu signature( on the instrument the person/), or
the entity upon behalf of which the person()
� acted, executed the instrument. I
WITNESS my hand and official seal.
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. l
Description of Attached Document
Title or Type of Document: )
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
Ir •
❑ Individual Top of thumb here
U Corporate Officer —Title(s):
❑ Partner — ❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
:?1999 National Notary Association•9350 De Soto Ave.,P0,Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.Na 5907 Reorder:Call Toll-Free 1-800-876-6827
Final Map Tract No. 5412
P. W. No. 10778
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded
on 7-YuC�4 -z,0 t 2W4 , in the office of the Fresno County Recorder as
Document No. _ 2664 of h'V 1,b3 of which the Deed of Trust in by and between:
IAAF F��-�f g;Dc 1 V- E too LP A. '1W--LmuV.F- LIrnrtE:t) Ppkii E kk-tf as Trustor,
mwnoNa�- c£ , as Trustee,
and tA"bSSU�U�s t�P 1L, A 'RkVJk , 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. 5412, Phase 2 of Vesting Tentative Map No. 4598.
DATED:
OHIO SAVINGS BANK, a federal savings bank
BENEFICIARY
-L C=
By:
(Beneficiary to print/type Name and Title;
and attach Notary Acknowledgement)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of San Bernardino ISS.
On May 11, 2006, before me, Thanhliem Brenda Le, Notary Public,
personally appeared Victor P. Bessette,
® personally known tome
❑ proved to me on the basis of satisfactory
evidence
to be the person whose name is subscribed to
A LE the within instrument and acknowledged to me
THANHLIEM
BRENDA 9
Commission # 1398188 that he executed the same in his authorized
< Notary Public—Colifornio capacity, and that by his signature on the
Z "m instrument the person, or the entity upon behalf
Son Bernordino�4nt�Y'
myComm.E of which the person acted, executed the
instrument.
WITNE S my han and fficial seal.
Place Notary Seal Above
Signature o Public
0
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:Statement of Covenants Affecting Land Development for Planting and Maintaining Front
Yard Trees for Tract No.5412,Phase 2 of Vesting Tentative Map No.4598
Date: 5/11/06 Number of Pages: 6
Signer Other Than Named Above:
Capacity Claimed by Signer
Signer's Name: Victor P.Bessette
❑ Individual
® Corporate Officer--Title: Vice President Top of thumb here
❑ Partner--❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer is Representing: Ohio Savings Bank
Signer's Name:
❑ Individual
❑ Corporate Officer--Title: Top of thumb here
❑ Partner--❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
. l
ACKNOWLEDGMENTS
STATE OF COLORADO )
) ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 12th day of May,
2006, by Michael S. Attias, Senior Vice President of Ohio Savings Bank, a federal savings bank.
Witness my hand and official seal.
My commission expires:
Q • oT yq y'':y2�= N tary Public
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CLERK'S CERTIFICATION
State of California)
County of Fresno)
On June 21, 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 o C�
Deputy
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