HomeMy WebLinkAboutT-3648 - Agreement/Covenant - 6/21/2006 (3) -------------------SPACE ABOVE FOR RECORDER ' S USE-------------------
Tract Map No. 3648 Development Department
Public Works File No. 8048 City of Fresno
STATEMENT OF COVENANTS
AFFECTING LAND DEVELOPMENT
(Tract No. 3648)
RECITALS
A. PARR-FIG GARDEN DEVELOPMENT, 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 as Lot 1 of Tract No. 3648, according to
the map thereof recorded in Volume of Plats at Page ,
Fresno County Records .
B. A condition of approval of Tract No. 3648 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.
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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.
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9 . 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: COVENANTOR
CITY OF FRESNO P RR-FIG GARDEN DEVELOPMENT,
a Municipal Corporation a 1 ornia Co p ation
By ��-��-" BY
George A4/Kerber, Director
Development Department
ate5tZL
ATTEST: By:
JACQUELINE L. RYLE
City Clerk ,�/ ��" ,
BY C/ 9�'.r1C1C�"
Deputy
APPROVED AS TO FORM:
JAMES A. McKELVEY
City Attorney r
By wk
Deputy (Attach Notary Acknowledgement)
GSA:dr
8979G/19
STATE OF CALIFORNIA
ss.
COUNTY OF Fresno
On this 11th day of Fal'lrlinry , in the year 19__85
before
9 85before me, the undersigned, a Notary Public in and for said State, personally appeared
Frank J Parr and Michael C Parr
personally known to me
(or proved to me on the basis of satistactory evidence)to be the person who executed the
within instrument on behalf of the Corporation therein named,and acknowledged to me that
the Corporation executed it.
rvK+�IL�Laa WITNESS my hand and official seal. ;
t:0TARy FU 8L B
'Jut,T'r, C,ILI,pBt;t.A \��iC�=z �G�C' •��1G/
1_- tip C_atnrsien Expire;CCt.30,1727
Notary Public in and for said State.
ACKNOWLEDGMENT—Comorauon—wolcotts Form 222CA-x—Aay.'r82
1981 WOLCOTTS.INC
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