HomeMy WebLinkAboutT-3656 - Agreement/Covenant - 6/21/2006 (2) r
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Tract Map No . 3656 Development Department
UGM No . 185 City of Fresno
STATEMENT OF COVENANTS
AFFECTING LAND DEVELOPMENT
(Tract No. 3656)
RECITALS
A. PRESIDIO SAVINGS AND LOAN ASSOCIATION, 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 No . 75 of Tract No. 3656 according to
the map thereof recorded in Volume of Plats at Pages ,
Fresno County Records .
B. A condition of approval of Tract No. 3656 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 Isaid- 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 Sta�emerit 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: November 14, 1984
Accepted by: COVENANTOR
CITY OF FRESNO PRESIDIO SAVINGS AND LOAN ASSOC.
a Municipal Corporation a California Corporation
By Q. By ,,. /
Georg A. Kerber, Director JESSE G . DIAZ
Development Department By VICE PRESIDENT - DEVELOPMENT
ATTEST:
By
JACQUELINE L. RYLE Urbano C. Anaya, III VP Finance
City Clerk
By
e uty
APPROVED AS TO FORM:
JAMES A. McKELVEY
City Attorney
By i jrjjkW71Y1,Zt7
Deputy (Attach Notary Acknowledgement)
GSA:dr
8351G/170
RECON-1
(Corporation) Ht' SRUINGS
PRESII,I�A,�LOAM ASSY
STATE OF CALIFORNIA )
} SS.
COUNTY OF Tulare JJ
on___November 14, 1984 before me, the undersigned, a Notary Public in and for said
State,personally appeared— Jesse G. Diaz ,
known to me to be the VP Development Wsidagtr and
W known to me to be Secretary
= of the corporation that executed the within Instrument,
W known to me to be the persons who executed the within
. L_,L _e.L._ ,horPin named- and
RECON-1 - -
(Corporation) ," "„
"N PRE5IDIOSA RUINGS
A
STATE OF CALIFORNIA NO LOAN A5S,N
COUNTY OF Tu 1 A rin }
On---December 1�r—�9$4 before me, the undersigned, a Notary Public in and for said
State,personally appeared Urbano C Anaya T T T
known to me to be the- VP/F i nanrp XPgJMAK and
mknown to me to be Secretary
x of the corporation that executed the within Instrument,
dknown to me to be the persons who executed the within
4 Instrument on behalf of the corporation therein named, and
W acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of
its board of directors.
OFFICIAL SEAL
WITNESS my hand d official seal. RAQUEL REDMON
• NOTARY PUBLIC-CALIFORNIA
TUUW
Signature ti �' i^-��
My
Gomm. TNM MAR !9'8
(This area for official notarial seal)