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HomeMy WebLinkAboutT-3638 - Agreement/Covenant - 6/22/2006 (4) � * -------------------A8OVE SPACE FOR RECORDER ' S USE------------------- P . W . FILE 8075 Development Department UGM AGREEMENT NO , 188 City of Fresno TRACT NO . 3638 COVENANT WHEREAS, kVESTCAL^ INC . , m California Corporation , hereinafter ' referred to as "Covenantor, " is the subdivider of the real property situated in the City of Fresno, Fresno County , California, described as follows : Lots l to 259 ^ inclusive , of Tract No . 3038 ' Trend Homes No . 13 , mccording 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 landscaping and an irrigation system in m strip along North Blythe Avenue; and WHEREAS, Resolution No . 84-252 of the Council of the City of Fresno conditionally approved Tentative Tract No . 3038 ; and WHEREAS, said resolution requires that m 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 North Blythe Avenue ; and WHEREAS, said landscape maintenance district or other mechanism will not be established prior to the approval of the finmI subdivision map for Tract No . 3038 . NOW, THEREFORE , it is agreed : l . In consideration of the foregoing and the approval of the. final subdivision map for Tract No . 3638 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 nhmII be installed , and nhmII be maintained by Covenantor until such time as m landscape maintenance district or other mechanism for the maintenance of said landscaped strip, acceptable to the Director of the Development Department, in formed and established ; and 1 . 2. Covenantor shall pay all costs of formation of the landscape maintenance distr:i.ct . 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 . 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 enforcement are no longer necessary . DATED this day of _ - 1986 . Accepted By : COVENANTOR CITY OF FRESNO, WESTCAL, INC . , Municipal Corporation A Calif ..ia orporation By George A Kerber, Director By _ Development Department r Title ATTEST : By JACQUELINE L . RYL.E _ Title Cit, Clerk B y . 6� �K A- . {`)Z L yL(-C,-i Deputy APPROVED AS TO FORM: JAMES A . McKELVEY City Attorney By e Deputy (Attach Notary Acknowl.edgerrients ) MIW : imb 4797g/120 CORPORATE ACKNOWLEDGMENT NO.202 I(e�e�%��?.e:2.A"�•''.ee.+t'.�.c.''e'.2 '��a.-._�.��.-'- �.-.R �:r%''r'��;��e'2�r'.�..'r.:er..:^..:r_':��^. :�r•�s'� . ur?',r' ::e_«,c��ri�..32..��'=, California 1 April State of On this the 0 thday of 193-6-,before me, SS. 0, County of Fresno Vicki K . Washer ' the undersigned Notary Public,personally appeared l` John A Bonadelle and Dean H . Pryor XX personally known to me n, OFFICIAL S L A L , I] proved tome on the basis of satisfactory evidence hr VICKI K WASHER � to be the person(s)who executed the within instrument as President a oo o NOTARY PUBLIC - CALIFORNIA Chief Financial Of f iceror on behalf of the corporation therein FRESNO COUNTY Piy comm. expires AUG 1G, 1937 named,and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary's Signature •!---:-•-'•-.r'r�i ... -. ,,..,:.'r::� �.• r...�...JJ�Mt✓�IJiC:iC.f"./'T�fd/�Y.�.. '..`i/• ''',-' ri!t"'.-.�;r'.�i•'" !.-;.-::�;.. .��'.:'i'-�`.>,�. ���-.�...,r.,._;._. ox 4625 Woodland HMIs,CA 91364 7120 122 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd. P.O.B •