HomeMy WebLinkAboutT-3364 - Agreement/Covenant - 6/30/2006 (2) i
_ RECORDED AT REOUEST OF
F STEWART TI EE CO.
" PL .SSL r NFORM 87133280 A
MIN PAST N;
ip NOV 41987
FRESNO COUNTY,CALIFORNIA
GALEN LARSON,CountyRecorder
PFEE
a
BY DEPUTY RECORDER
-------------------SPACE ABOVE FOR RECORDER ' S USE-------------------
P.W. File No. 8570 Development Department
City of Fresno
COVENANT
LANDSCAPE MAINTENANCE
Tract No. 3364
WHEREAS, Westwood Properties , Inc . , a California Corporation.
hereinafter referred to as "the Covenantor, " is the owner of the
real property situated in the City of Fresno, County of Fresno,
State of California , hereinafter referred to as "the Subject
Property" and more particularly described in attached Exhibit "A" ,
said property being further subdivided by the final map of Tract
No. 3364 , consisting of One Hundred Fourteen (114 ) lots ; and
WHEREAS, Covenantor is required by the City as a condition of
final map approval to install landscaping and an irrigation system
for Lots 1, 11 through 21, and 29 through 36 in a 10-foot easement
along the West Figarden Drive frontage and Lots 37 through 47, and
114 in a 25 foot easement along the West Escalon Avenue frontage of
this tract; and
WHEREAS, Resolution No. 87-289 of the Council of the City of
Fresno conditionally approved Tentative Tract No . 3364 ; and
l
J
WHEREAS, said resolution requires that a maintenance district or
other mechanism acceptable to the Director of the Development
Department of the City of Fresno be formed for the maintenance of
the landscaped area along the above-mentioned street ; and
WHEREAS, said landscape maintenance district or other mechanism
will not be established prior to the approval of the final
subdivision map for Tract No . 3364 .
NOW, THEREFORE, it is agreed :
1 . In consideration of the foregoing and the approval of the
final subdivision map for Tract No . 3364 by the City of Fresno, the
undersigned hereby covenants, promises and agrees with the City of
Fresno for the benefit of said City that:
1 . 1 Said landscaping shall be installed , and shall be
maintained by Covenantor until such time as a landscape
maintenance district or other mechanism for the maintenance of
said landscaped easement, acceptable to the Director of the
Development Department, is formed and established ; and
1 .2 Covenantor shall pay all costs of formation of the
landscape maintenance district .
2 . It is the intention hereof that this document shall
constitute a covenant in favor of the City of Fresno and shall run
with the land and be binding upon the undersigned . its grantees .
heirs, and successors and assigns .
-2-
3 . The Covenant shall be released and of no further effect
upon a written determination by the undersigned and the Director of
the Development Department of the City of Fresno that its continued
existence and enforcemA�entare no longer necessary .
DATED this day of ✓ 1 1987 .
Accepted By: COVENANTOR
CITY OF FRESNO Westwood Properties, Inc . ,
a Municipal Corporation a California Corporation
By
George A. Kerber, Director By:
Development Department
ATTEST:
By:
JACQUELINE L. RYLE
Ci ty,,Clerk
C;
By
Deputy
APPROVED AS TO FORM:
HARVE WALLACE
City /t�tor e
B .
Y
deputy (Attach Notary Acknowledgement)
(ATTORNEY-IN-FACT)
TATE OF CALIF RNIA 1
(OUIN/I�T.�,Y, O,,F4{.,, FIN Jr SS.
n October
.r 1 - 1�nnR[7�� before me.the under-
n October 15, 1g87 before me,the under-
signed, a Notary Public in and for said County and State,personally appeared
Carolyn P _t .rsen
personally known to me(or proved to me on the basis of satisfactory evidence)to
be the person whose name is subscribed to the within instrument.as the Attorney- FOR NOTARY SEAL OR STAMP
In-Fact of JOSeDh A Farina , President,Westwood
r C�e_-,,Inc_ A ('al if ('oY`�, and acknowledged to me that
_yz he subscribed the name of Je A. Farina
PZe—& Pnt and h Pr own name as LINDA S. STANOWSKI
torney-in-Fact. NOTARY PUBLIC
ITNESS y hand and official seal. FRESNO COUNTY, CALIFORNIA
@My Commission Expires fun.19,1989
Unda S. Stanowski
FORM PP Name(Typed or Printed)
EXHIBIT "A"
Tract No . 3364
Legal Description:
A Portion of Lots 738 , 739 , 740, 741 , 776, 777, 778 , and 779 , of
Bullard Lands Irrigated Subdivision No . 6, in the City of Fresno,
County of Fresno, State of California , according to the map thereof
recorded in Volume 8 of plats at pages 25 and 26 , Fresno County
Records;
TOGETHER WITH Lot 56 and Outlot "A" of Tract 2593 , Farina Homes No.
11, in the City of Fresno, County of Fresno, State of California ,
according to the map thereof recorded in Volume 29 of Plats at Page
32 , Fresno County Records;
TOGETHER WITH Outlot "A" and Outlot "B" of Tract 2705 , Farina Homes
No . 12, in the City of Fresno, County of Fresno, State of
California , according to the map thereof recorded in Volume 30 of
Plats at Pages 47 and 48, Fresno County Records ;
Being more Particularly described as follows :
BEGINNING at the Southeast corner of the Southwest quarter of the
Southeast quarter of Section 1, Township 13 South, Range 19 East,
Mount Diablo Base and Meridian; thence South 89' 59 ' 15" West, along
the South Line of the Southwest quarter of the Southeast quarter of
said Section 1, a distance of 169 . 14 feet ; thence North 00' 00 ' 45"
West, a distance of 40.00 feet to a point on a curve concave to the
Northeast with a radius of 2053 . 00 feet (a radial through said Point
bears South 17' 17 ' 58" West) ; thence North westerly along said
curve through a centrall angle of 40' 18 ' 42" and an arc length of
1444 .43 feet to a point being 30. 00 feet East of the West line of
the Southeast quarter of said Section 1; thence North -890 45 ' 24 "
West , a distance of 30.00 feet to a point on the West line of the
Southeast quarter of said Section 1 ; thence North 00' 14 ' 36" East ,
along the West line of the Southeast quarter of said Section 1, a
distance of 419 . 02 feet to the Northwest corner of the Southwest
quarter of the Southeast quarter of said Section 1 ; thence North
89' 57 ' 39" East , along the North line of the Southwest quarter of
the Southeast quarter of said Section 1, a distance of 1364 . 61 feet
to a point on the Northerly prolongation of the East line of Outlot
"A" of said Tract 2593 ; thence South 00' 04 ' 46" West, along the
Northerly prolongation of the East line of Outlot 'A" " of said
Tract 2593 and along the East line of Outlot "A" of said Tract 2593 .
a distance of 475 . 23 feet to the Southeast corner of Outlot "A" of
said Tract 2593 ; thence South 89' 57 ' ' 30" West , along the South
line of Outlot "A" of said Tract 2593 , a distance of 41 . 18 feet to
the Southwest corner of Outlot "A" of said Tract 2593 ; thence South
00' 09 ' 15" West , along the West line of said Tract 2593 , a distance
of 60. 00 feet to the Northwest corner of said Lot 56; thence North
89' 57130" East ,
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along the North line of said Lot 56 , a distance of 80.00 feet to the
Northeast corner of said Lot 56; thence South 00o 09 ' 15" West ,
along the East line of said Lot 56 , a distance of 120. 06 feet to the
Southeast corner of said Lot 56 ; thence South 890 57 ' 30" West, along
the South line of said Lot 56, a distance of 50. 00 feet to the
Northeast corner of said Outlot "B" ; thence South 050 15 ' 45" West,
along the East line of said Outlot "B" , a distance of 138 . 96 feet ;
thence South 140 40108" West, continuing along the East line of said
Outlot "B" , a distance of 70. 33 feet to a point on the West line of
said Tract 2705; thence South 000 09115" West, along the.West line
of said Tract 2705 , a distance of 75 .04 feet to the Northwest corner
of Outlot "A" of said Tract 2705 said point being on a curve concave
Southwesterly with a radius of 543 . 70 feet (a radial through said
point bears North 240 44142" East ) ; thence Southeasterly along said
curve, along the Northeasterly line of Outlot "A" of said Tract
2705 , through a central angle of 020 43 ' 47" and an arc length of
25 . 90 feet to the Point of tangency; thence South 620 31131" East,
continuing along the Northeasterly line of Outlot "A" of said Tract
2705, a distance of 62 . 54 feet to the Northeast corner of Outlot "A"
of said Tract 2705 , thence South 280 50103" West , along the Easterly
line of Outlot "A" of said Tract 2705, a distance of 3 . 98 feet to
the point of curvature of a curve concave Easterly with a radius of
430.00 feet; thence Southerly along said curve, along the Easterly
line of Outlot "A" of said Tract 2705 , through a central angle of
170 13 ' 09" and an arc length of 129 . 23 feet to the point of
tangency; thence South 110 36154 " West, continuing along the
Easterly line of Outlot "A" of said Tract 2705 , a distance of 118 . 17
feet; thence South 590 17145 " West , along the Southeasterly line of
Outlot "A" of said Tract 2705, a distance of 6 . 95 feet to a point on
a curve concave Northerly with a radius of 1950. 00 feet (a radial
through said point bears South 12' 58 ' 23 " West) ; thence Westerly
along said curve, along the Southerly line of Outlot "A" of said
Tract 2705, through a central angle of 00' 06 ' 00" and an arc length
of 3 .40 feet to a point on the West ] line of said Tract 2705 ; thence
South 000 09115" West, along the West line of said Tract 2705, a
distance of 100. 63 feet to the POINT OF BEGINNING.
2268d/310
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