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Home My WebLink AboutT-3627 - Agreement/Covenant - 6/21/2006 (3) -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- Tract Map No. 3627 Development Department PW File No. 8068 City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT Temporary Drainage Facilities ) RECITALS A. Grupe Development Company - Northern California , 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 on the attached Exhibit "A" . B. A condition of approval of Tract No. 3627 is a requirement that the Covenantor provide temporary drainage facilities for the subdivision until such time that permanent facilities are available . C. The Covenantor and the City of Fresno desire to enter into an agreement providing for such facilities . COVENANTS, CONDITIONS, AND RESTRICTIONS 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, 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 upon and inure to the benefit of each successive owner of the Subject Property and his heirs, successors , and assigns during his ownership thereof . 1 . The Covenantor agrees that said property shall be used as temporary flooding and drainage facilities until the City of Fresno determines that such use is no longer necessary. The Covenantor grants .to the City of Fresno the right to enter upon the Subject Property for purposes of maintenance, inspection and to regulate the use of and access to the Subject Property. Covenantor agrees to backfill the basins within sixty (60) days after the Public Works Director deems the sites to be no longer necessary for basin usage . 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 . 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: Accepted by: OWNER CITY OF FRESNO GRUPE DEVELOPMENT COMPANY - a MunicipaW'�L" tion NORTHERN CALIFORNIA, a California Corporation, By "' formerly GRUPE COMMUNITIES INC. , James �,. r in, Director a California Corporation Public Works Department , VAf - ATTEST. Wm. C. irsa , Vice President JACQUELINE L. RY L E City Clerk B ( wc�t,z2c�,�uz Y Deputy ,',APPROVED AS TO FORM: JAMES A. McKELVEY City Attorney By 2j jL - Deputy / (Attach Notary Acknowledgement) GA:mgm 0894g/56 STATE OF CALIFgRN1AA � n COUNTY OF v10 c - before me,the undersigned,a Notary Public in and for M Sard State,person appeared.__ illlam C. J12'Sa E.cc _ personally known 10 Me(Or proved to me on the b-.ib of wrist iCtory e6.dur,r j t to t,e the personWwho executed the within in.trument as_ N � joa Q 0 U -^ 1Ct rn iden o on behalf of-.Grupe_Devel v -Northe `an �141C' �___ — opment M u 0n m the corporation therein named,and acknowledge d to me that N \ 01 1 v'1 aL U c suChcurporationuxecut,,.ru.�, wim, r ,;,;,rPursuant ., urnent p ursuanttoits �.`�,,� }�. �. by law;0r a resaurron ul boaru,rt d,ru_tOrs. .-4 tt + r. JOTAFIY PU3LIC CAI I.Crit fA o VoTNlSS my hand and ottraal seal. \r J�• FRE '%'O COUNTY - MY Comm. Expires April 11, 1986 N ' n Srynatur,• C./�' 10 — (This area for official notarial seal) r • L'�GIIBIT "A" LEGAL DESCRIPTIONS FOR TEMPORARY PONDS TRACT 3627 WOODWARD LAKE PARCEL A A portion of the Northeast quarter of Section 22, Township 12 South, Range 20 East, Mount Diablo Base and Meridian according to the United States Government Township Plat, being a portion of Lot 1 of Tract 3627, Woodward Lake, according to the map thereof recorded in Volume _, of Plats, at Pages __.. through _, Fresno County Records, described as follows: BEGINNING at the Southeast corner of said Lot 1; thence North 42° 14' 33" East, along the Southeasterly line of said Lot 1, a distance of 11.07 feet to the TRUE POINT OF BEGINNING; Thence North 470 45 ' 27" West, a distance of 62.00 feet; thence North 420 14' 33" East, a distance of 172.00 feet; thence South 47 " 45 ' 27 " East, a distance of 62.00 feet to a point on the Southeasterly line of said Lot 1; thence South 420 14' 33" West, along the Southeasterly line of said Lot 1, a distance of 172.00 feet to the TRUE POINT OF BEGINNING. PARCEL B A portion of the Northeast quarter of Section 22, Township 12 South, Range 20 East, Mount Diablo Base and Meridian according to the United States Government Township Plat, being a portion of Lot 2 of Tract 3627, Woodward Lake, according to the map thereof recorded in Volume ^ of Plats, at Pages — through _, Fresno County Records, described as follows: BEGINNING at the Northeast corner of said Lot 2; thence South 000 27 ' 36" East, along the East line of said Lot 2, a distance of 10. 00 feet to the TRUE POINT OF BEGINNING; Thence South 000 27 ' 36" East, continuing along the East line of said Lot 2, a distance of 246.00 feet; thence South 890 32' 24" West, a distance of 246.00 feet; thence North 000 27' 36" West, a distance of 246.00 feet to a point being 10.00 feet South of the North line of said Lot 2; thence North 890 32' 24" East, parallel with and 10.00 feet South of the North line of said Lot 2, a distance of 246.00 feet to the TRUE POINT OF BEGINNING.