HomeMy WebLinkAboutT-3594 - Agreement/Covenant - 6/21/2006 (2) -------------------ABOVE SPACE FOR RECORDER ' S USE-------------------
P.W. File No. 8179 Development Department
UGM Permit No . 207 City of Fresno
COVENANT
(Erosion Control)
Tract No. 3594
WHEREAS, RIVERVIEW ESTATES, a partnership, hereinafter referred
to as "Covenantor, " is the owner of the real property situated in
the City of Fresno, Fresno County, California , described as follows :
Lots 38 thru 48 of Tract No. 3594 , according to the
map thereof recorded in Volume ,
Pages of Plats, in the office of the County
Recorder of said County.
WHEREAS, Covenantor is required by the City as a condition of
final map approval to install erosion control measures along the
frontages of said lots as specified on Exhibit "A" attached; and
WHEREAS, Resolution No. 85-131 of the Council of the City of
Fresno conditionally approved Tentative Tract No. 3594 ; and
WHEREAS, said resolution requires that an erosion control
maintenance program or other mechanism acceptable to the Director of
the Development Department of the City of Fresno be formed for the
maintenance of the areas requiring erosion control along said lots;
and
WHEREAS, said erosion control maintenance program or other
mechanism will not be established prior to the approval of the final
subdivision map for Tract No. 3594 .
NOW, THEREFORE, it is agreed :
In consideration of the foregoing and the approval of the final
subdivision map for Tract No. 3594 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. Erosion control measures shall be as required by Fresno
Municipal Code Section 12-1022 (e) ( 1) (v) and shall be
installed in accordance with approved plans and as
identified in Exhibit "A" attached hereto and incorporated
herein by reference; and .
2. Said erosion control measures including all costs thereto
shall be performed and shall be maintained by Covenantor
until a Homeowner ' s Association or other mechanism for the
maintenance of said areas acceptable to the Director of the
Development Department is established. Upon sale of said
lots, the new owner of each lot shall assume responsibility
for maintenance of erosion control improvements but the
Covenantor shall remain liable to perform the erosion
control required in Exhibit "All ; and
3 . In the event that said erosion control items are not
completed within the time as set forth in the Subdivision
Agreement referred to hereby and incorporated herein by
reference, then the City may enter upon said property and
perform the items described in Exhibit "A" .
Each of the covenants, conditions, and restrictions
contained in this Statement shall run with the Subject Property and
shall be binding upon each successive owner of the Subject Property,
his heirs, representatives, successors and assignees .
The Covenantor hereby creates a lien upon the Subject
Property to guarantee the performance of the obligations of the
Covenantor contained in this Statement.
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. All obligations of the Covenantor in this Statement shall
inure solely to the benefit of the City of Fresno. There are no
third party beneficiaries of said obligations nor shall the right of
the City of Fresno be transferrable in any manner to any person
other than to a successor municipal corporation whose geographic
boundaries include the Subject Property.
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' ` SAFES+O
STATE OF CALIFORNIA l
COUNTY OF
FreBAO I SS. TITLE INSURANCE
On this the Z5 til day of__J me 1986 ,before me,the undersigned,a Notary Public in and for
a to said State,personally appeared Stanley Spann
b personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the
President71611
aPM 94,11 lamas
�bi' iKtir<ba�emoQed
—jagam"of
Setter Some s, Inc. the corporation that FOR NOTARY SEAL OR STAMP
executed the within instrument on behalf of
�4 kiverview Lstates the part-
nership that executed the within instrument,and acknowledged to me
that such corporation executed the same as such partner and that 1 OFFICIAL SEA:
such partnership executed the same. BETTY S. NAKAYAMA
d WITNESS my hand and official seal. �, NOTARY PUBLIC.CALIFORNIA
i1 NOTARY BOND FILED IN
FRESNO COUNTY
C? ItAtr CAIIMrdMioft ExplfN,hly 16,tfe7
U
Signature
STATE OF CALIFORNIA
sAFEc�
COUNTY OF Freana SS.
TITLE INSURANCE
E a On this the 25 day of___j 19_8_6_before me,the undersigned,a Notary Public in and for
ia N said State,personally appeared Victor Roanovsky
a
Is personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the
°' PresideAjo
a
1 of
L 'Rimm in Homes Inc. the corporation that FOR NOTARY SEAL OR STAMP
executed the within instrument on behalf of
.ivervie>K t.sta�5 the part-
nership that executed the within instrument,and acknowledged to me
co that such corporation executed the same as such partner and that ICTAL SEAL
such partnership executed the same. BETTY S.NAKAYAMAIL
WITNESS m Mand and official seal. NOTARY PUBLIC.CALIFORNIA
a _ NOTARY BOND FILED IN
N mFRESNO COUNTY
Cl)
My COmiss=on Expire-July 15, 1gLi
U
Signature
The conditions and obligations of this Statement shall
remain in full force and effect until the Director of the
Development Department of the City of Fresno issues a written
release of such conditions and obligations .
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 one provisions 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 singluar .
DATED this day of I , 1986.
Accepted By: COVENANTOR
CITY OF FRESNO, RIVERVIEW ESTATES
Municipal Corporation a partnership
By U'l//. BARGAIN HOMES, INC. , er
George Kerber, Director
Development Department
B .�
Victor Roz sky, Presid nt
ATTEST:
BETTER HOMES, INC. , Partner
JACQUELINE L. RYLE
City Cler�
By
By �7�`` ti "Stageei S P esident
APPROVED AS TO FORM:
JAMES A. McKELVEY
City Attorney
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By2�'k
Depu (Attach Notary Acknowledgements)
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