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HomeMy WebLinkAboutT-3638 - Agreement/Covenant - 6/22/2006 (2) 1 P -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P.W. File No. 8075 Development Department Tract Map No. 3638 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT (Tract No . 3638 ) Temporary Drainage Facilities (Off-Site) RECITALS A. WESTCAL, INC. , A California Corporation, a Partnership, 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. 3638 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, i 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. -2- 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 WESTCAL, INC. Municipal o or ion a California orp//oration By C James a tin, Director By Pu is Works Department ATTEST: Title" JACQUELINE L. RYLE City Clerk n /� BYD /J BY �t��Gc.- Zt,nC.CAt-�'l I' Deputy C� APPROVED AS TO FORM: Title JAMES A. McKELVEY City Attorney By Aftill L Depu tY (Attach Notary Acknowledgement) GSA: ems 4866g/122 -- NO.202 CORPORATE ACKNOWLEDGMENT •;s..Y�.�C�.f'"`''-''.:.,:, +^'.. �e'.r•:/�e.e...�:•�'r/�!i_.r.� �_:rtN(r..Elri.�r. ..,e. - Californiaday of Apriljg86 ,before me, State of On this the10 th Fresno SS. Vicki K. Washer County of the undersigned Notary Public,personally appeared John A. Bonadelle and Dean H . Pryor C?� personally known to me �� QFI iCiAL �I�'>L [I proved to me on the basis of satisfactory evidence President •ar VICKI K WASH[R to be the person(s�who executed the within instrument as mk? NOTARY PU©UC ' CAIIFORN1A Chief Financial Of f ice6r on behalf of the corporation therein FRESNO COMM fly Comm. expires AU3 16, 1087 named,and acknowledged to me that the corporation executed it. ----_ - "- WITNESS my hand and official seal. 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