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Home My WebLink AboutT-3651 - Agreement/Covenant - 6/21/2006 (2) -------------------SPACE ABOVE FOR RECORDER' S USE------------------- P.W. File No. 8076 Development Department Tract Map No. 3651 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT (Tract No. 3651) Temporary Drainage Facilities (Off-Site) RECITALS A. KESTERSON INVESTMENT COMPANY, 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. 3651 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 Stat.ement 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: Mme, 2 S . 14 n Accepted by: OWNER CITY OF F SNO KESTERSON INVESTMENT COMPANY, a MunicC po ation a Partnership By Ja s r Matin, Director B ublic Works Department Jo n Kesterson, Partner ATTEST: JACQUELINE L. RYLE City Clerk By � c An-w>-t. "-L Deputy APPROVED AS TO FORM: JAMES A. McKELVEY City Attorney By y t/ Dep (Attach Notary Acknowledgement) GSA:mv 4537g/114 (BSAFECO TITLE INSURANCE S7rATE OF CALIFORNIA SS. COUNTY OF Fresno Orn this the 18th day of Marc-h 19 (x-,before me,the undersigned,a Notary Public in and for sand State,personally appeared .john KPst-PrSrm ,personally known to me or proved to mw on the basis of satisfactory evidence to be the person_who0. FOR NOTARY SEAL OR STAMP exaa Aed the within instrument as ane oi`partners of the partnership that executed the within instrument,and acdmowledged to me that such partnership executed the same. •" ,°� ti OFFICIAL SEAL WJTTNESS my hand and official seal. KRISTIE ALLEN NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY Siignature My Commission Exp.lune 6, 1986 C7 -3- EXHIBIT "A" LEGAL DESCRIPTION FOR A TEMPORARY STORM WATER RETENTON BASIN TO SERVE TRACT NO. 3651 All that portion of the Northeast Quarter of Section 22, Township 13 South, Range 19 East, M. D. B. & M. , in the City of Fresno, described as follows : COMMENCING at the Northeast corner of said Northeast Quarter of Section 22; thence South 000 00 ' 30" East, along the East line of said Northeast Quarter of Section 22 a distance of 593 .00 feet; thence leaving said East line, South 890 531 44" West, a distance of 42 .00 feet to the TRUE POINT OF BEGINNING of this description; thence continuing South 890 53 ' 44" West, a distance of 261 .00 feet; thence North 000 00 ' 30" West, parallel with the East line of said Northeast Quarter of Section 22, a distance of 166 . 65 feet; thence North 890 53 ' 00" East, a distance of 45 . 19 feet; thence North 440 56 ' 59" East, a distance of 17 .47 feet; thence North 890 53 ' 44" East, a distance of 191 .78 feet; thence South 450 03 ' 23" East, a distance of 16 . 53 feet; thence South 000 00' 30" East, along a line 42 .00 feet West of and parallel with the East line of said Northeast Quarter of Section 22 . a distance of 167. 30 feet to the TRUE POINT OF BEGINNING. 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