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Home My WebLink AboutPM 1998-19 - Agreement/Covenant - 8/11/2006 PLEASE CONFORM CITY OF FRESNO 12146/1999,199901736a1 DEVELOPMENT DEPARTMENT 2600 FRESNO STREET FRESNO CA 93721-3604 ----------------------------------ABOVE SPACE FOR RECORDER'S USE----------------------------- Parcel Map No. 98-19 Development Department P. W. File No. 5494 City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT (Parcel Map No. 98-19) RECITALS WHEREAS, the undersigned, EISNER FAMILY TRUST OF 1982, ("Covenantor"), hereby represents and warrants that it is the recorded owner of the following described real property ("Subject Property") situated in the City of Fresno, County of Fresno, State of California: Parcels "A" and "B" of Parcel Map 98-19, recorded in Volume--La at Pagef� and '— , as Document No. —,19990373680 ' Fresno County Records, Fresno County. 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 WHEREAS, all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and WHEREAS, a condition of approval of Parcel Map 98-19 is a requirement that the Statement of Covenants Parcel Map No. 98-19 Page 2 Covenantor enter into Covenants, which will insure that the Subject Property is not developed, used, or maintained in such a way as to adversely affect the Subject Property, public property, or adjoining properties. COVENANTS. CONDITIONS, AND RESTRICTIONS NOW THEREFORE, 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, all of which are for the purpose of enhancing attractiveness, usefulness, value, desirability, and safety 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 shall run with the subject property and shall be binding on each successive owner of the Subject Property and his heirs, successors, and assigns during his ownership thereof. 1. Covenantor shall create easements for ingress and egress benefiting all parcels, as delineated on Parcel Map 98-19, at such time that the first parcel is conveyed. 2. The conditions of this Statement are intended to benefit both the Subject Property, the public and public properties. Accordingly, it is agreed 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 the Subject Property who directly or who through any agent violate the terms hereof. It is also agreed that the covenantor shall be liable for any expenses incurred by the City of Fresno including, but not limited to Attorney's Fees, arising out of any Statement of Covenants Parcel Map No. 98-19 Page 3 required enforcement of this statement. 3. The foregoing conditions shall remain in full force and effect until such time as the City of Fresno, and the Covenantor, his heirs, successors, and assigns agree that the enforcement of all or part of this Covenant is no longer equitable. 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 of the statement so requires, in interpreting this Statement, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. DATED: CITY OF FRESNO, COVENANTOR a MuZn poration EISNER FAMILY TRUST OF 1982 By )�is, Director By �� ! A Development Department Willard R. Eisner, Trustee and Settlor APPROVED AS TO FORM: Byg��R- ga4j�- Bettye R.4tisner, Trustee and Settlor Hilda Cantu Montoy City Attorney (Attach Notary Acknowledgment) By 4COVPM98-19 ty LARCLF J STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ON JUNE 24 , 1999 before me, the undersigned, a Notary Public in and for said State, personally appeared WILLARD R. EISNER, TRUSTEE and BETTYE R. EISNER, TRUSTEE, 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 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 instrume WITNESS y hand and of cial seal . Notary Public in and said County and State AL 4auO,,Tti'R ROSA M.CHARLES BUTLER 00 ' NOTA Y PUBLIC-CALIFORNIA M o* m ® m PRINCIPAL OFFICE IN 2 M • FRESNO COUNTY °q,FOAe My Commission Exp.June 28,1999 I CERTIFY UNDER PENALTY OF PERJURY THAT THE "NOTARY SEAL" ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY � )U/SA M • DATE COMMISSION EXPIRES G PLACE OF EXECUTION r�3"V D TE �'� U' (Govt . Code, Sec. 27361 . 7) Signature (Firm Name If Any) I - Statement of Covenants Parcel Map No. 98-19 Page 4 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) _ 6 O IhX 4a. ,x21,19 before me, personally appearepersonally 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 authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s) the person(s), or the entity on 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 B &ZGc� ting,4- 2k-PFJ Deputy LARCLF11LES\C0VPM99-19