HomeMy WebLinkAboutT-3674 - Agreement/Covenant - 6/21/2006 (2) -------------------SPACE ABOVE FOR RECORDER ' S USE-------------------
Tract Map No. 3674 Development Department
City of Fresno
COVENANT
AFFECTING LAND DEVELOPMENT
(Tract 3674 Development Limitation)
RECITALS
A. LAND DYNAMICS, a California Corporation, and LEE, ALDREDGE, and
BROWN, a General Partnership, hereinafter referred to as "the Covenantor" ,
is the owner of that certain real property located in the City of Fresno,
County of Fresno, State of California, hereinafter referred to as "the
Tract 3674 property" and more particularly described as Parcels 1 and 2 of
Parcel Map No. 4801, according to the map recorded in Book 30, Page 32 of
Parcel Maps, Fresno County Records .
B. A portion of said Tract 3674 property, being Lots 14 and 17,
through 20, inclusive, (hereinafter "the affected property" ) as depicted
on the Final Subdivision Map for Tract 3674 , is subject to a limitation on
development of said lots in accordance with Resolution No. 84-335 of the
Council of the City of Fresno conditionally approving the Tentative Map of
Tract 3674 . Said Resolution prohibits construction on lots of the tract
which lie more than 450 feet from Cornelia Avenue until a second access is
provided .
C. Covenantor desires to record a Final Subdivision Map for the
Tract 3674 property, including the affected property. The City of Fresno
has agreed to permit the recordation of the Final Subdivision Map for the
Tract 3674 property on the condition that the Covenantor execute this
Covenant prohibiting the construction of dwellings on the affected
property until such time as the Director of the Development Department
J
COVENANTS, CONDITIONS AND RESTRICTIONS
NOW, THEREFORE, as required by the City of Fresno and in
consideration of the foregoing and the approval by the City of Fresno of
the Final Subdivision Map of the Tract 3674 property, Covenantor hereby
covenants, promises and agrees with the City, for the benefit of the City,
its public property and the above referenced property as follows :
II
1 . Covenantor shall not commence on-site construction of dwellings
on the above-described affected property until and unless a second point
of access is constructed as defined in the Conditions of Approval of
Tentative Tract 3674 , provided that upon completion of said second point
of access, the City shall execute a Release of this Covenant relieving the
Covenantor and the affected property from the conditions and limitations
set forth in this paragraph.
2 . The foregoing condition shall burden the property herein
described and constitute a covenant running with the land in favor of and
ORPORATE ACKNOWLEDGMENT NO.202
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State of California On this the26thdayof March 1g85,before me,
County of Fresno SS. Vicki K. Washer
the undersigned Notary Public,personally appeared
John Bonadelle and Robert A. McCaffrey
153c personally known to me
OFFICIAL SF'AL ❑ proved to me on the basis of satisfactory evidence
VICKI K WASHEP. to be the person(s)who executed the within instrument as
President S Yor on behalf of the corporation n '� •� NOTARY PUBLIC - CALIFORNIA / ecretar
�� W,I` ', ,.:�,•o therein
FRESNO COUNTY
}�
MY comm. exaires AUG1G, 1.,"
w7 1,named,and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
Notary's Signature
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20 122 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 4625•Woodland Hills,CA 91364
JAL;QUZL1Nh L. KYLZ a uenera n , k�
rarLnersnip ha.J
City Clerk p ''-�' s rJ 1ne— /�.�>°� , -` � -�TjW'_ 4 On
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01NIL VL' k.r J_LV1\ 1C1� .a • TnP II_ LAP__ C�'PL1P_S._.3_�__-pa1'TT1PT ___ ___
COUNTY OF FRESNO
ON THE 26th DAY OF March , 1985, BEFORE ME THE UNDERSIGNED, A NOTARY PUBLIC IN
AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED STEVE GUEST, VICE PRESIDENT and
NEILA TOSI, SECRETARY , PERSONALLY KNOWN TO ME TO BE THE PERSONS WHO EXECUTED THE
WITHIN INSTRUMENT ON BEHALF OF SAID STE[,IART TITLE OF FRESNO COUNTY , THE CORPORATION
THAT EXECUTED AND WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AS THE ATTORNEY-
1 .
-------------------SPACE ABOVE FOR RECORDER ' S USE-------------------
Tract Map No. 3674 Development Department
City of Fresno
COVENANT
AFFECTING LAND DEVELOPMENT
(Tract 3674 Development Limitation)
RECITALS
A. LAND DYNAMICS, a California Corporation, and LEE, ALDREDGE, and
BROWN, a General Partnership, hereinafter referred to as "the Covenantor" ,
is the owner of that certain real property located in the City of Fresno,
County of Fresno , State of California , hereinafter referred to as "the
Tract 3674 property" and more particularly described as Parcels 1 and 2 of
Parcel Map No. 4801, according to the map recorded in Book 30, Page 32 of
Parcel Maps , Fresno County Records .
B. A portion of said Tract 3674 property, being Lots 14 and 17
through 20, inclusive, (hereinafter "the affected property" ) as depicted
on the Final Subdivision Map for Tract 3674, is subject to a limitation on
development of said lots in accordance with Resolution No. 84-335 of the
Council of the City of Fresno conditionally approving the Tentative Map of
Tract 3674 . Said Resolution prohibits construction on lots of the tract
which lie more than 450 feet from Cornelia Avenue until a second access is
provided .
C. Covenantor desires to record a Final Subdivision Map for the
Tract 3674 property, including the affected property. The City of Fresno
has agreed to permit the recordation of the Final Subdivision Map for the
Tract 3674 property on the condition that the Covenantor execute this
Covenant prohibiting the construction of dwellings on the affected
property until such time as the Director of the Development Department
COVENANTS, CONDITIONS, AND RESTRICTIONS
NOW, THEREFORE, as required by the City of Fresno and in
consideration of the foregoing and the approval by the City of Fresno of
the Final Subdivision Map of the Tract 3674 property, Covenantor hereby
covenants, promises and agrees with the City, for the benefit of the City,
,
its public property and the above referenced property as follows:
1 . Covenantor shall not commence on-site construction of dwellings
on the above-described affected property until and unless a second point
of access is constructed as defined in the Conditions of Approval of
Tentative Tract 3674 . provided that upon completion of said second point
of access , the City shall execute a Release of this Covenant relieving the
Covenantor and the affected property from the conditions and limitations
set forth in this paragraph.
2 . The foregoing condition shall burden the property herein
described and constitute a covenant running with the land in favor of and
ORPORATE ACKNOWLEDGMENT NO.202
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State of California On this the 26thdayof March 19_8_5,before me,
County of Fresno SS. Vicki K . Washer
the undersigned Notary Public,personally appeared
John Bonadelle and Robert A. McCaffrey
�Pc personally known to me
p [i/
OFFICIAL SEAL ❑ proved to me on the basis of satisfactory evidence
VICKI K WASHER, to be the person(s)who executed the within instrument as
Wl NOTARY PUBLIC -CALIFORNIA President/Secretaryor on behalf of the corporation therein
FRESNO COUNTY named and acknowledged to me that the corporation executed it.
7� My comm. expires AUG 16, 1937
WITNESS my hand and official seal.
V
Notary's Signature
.-
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t0 122 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•PO.Box 4625•Woodland Hills,CA 91364
JACQUEL'Ily ;' L. KYLE �V�,,, a uenera rarLnersn.Lp t� � .i 4,cque`+;
City Clerk ° '' s t Jnr H.4e�- � o
�3 - �f7i-r r. (.w) t 1
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By �_ � �i "`� � By t czy��R,%1 cam,c c'9, 2
J1r11L vi' 1.,r1L11.V1V�lr1�"�` ° -Tnn u_ _T.an_... f:nnn_r_a3__PartnR_ _._._
COUNTY OF FRESNO
ON THE 26th DAY OF March , 1985, BEFORE ME THE UNDERSIGNED, A NOTARY PUBLIC IN
AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED STEVE GUEST, VICE PRESIDENT and
NEILA TOSI, SECRETARY , PERSONALLY KNOWN TO ME TO BE THE PERSONS WHO EXECUTED THE
WITHIN INSTRUMENT ON BEHALF OF SAID STEWART TITLE OF FRESNO COUNTY , THE CORPORATION
THAT EXECUTED AND WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AS THE ATTORNEY-
1
-------------------SPACE ABOVE FOR RECORDER ' S USE-------------------
Tract Map No. 3674 Development Department
City of Fresno
COVENANT
AFFECTING LAND DEVELOPMENT
(Tract 3674 Development Limitation)
RECITALS
A. LAND DYNAMICS, a California Corporation, and LEE, ALDREDGE, and
BROWN, a General Partnership, hereinafter referred to as "the Covenantor" ,
is the owner of that certain real property located in the City of Fresno,
County of Fresno, State of California, hereinafter referred to as "the
Tract 3674 property" and more particularly described as Parcels 1 and 2 of
Parcel Map No. 4801, according to the map recorded in Book 30, Page 32 of
Parcel Maps, Fresno County Records .
B. A portion of said Tract 3674 property, being Lots 14 and 17
through 20, inclusive, (hereinafter "the affected property" ) as depicted
on the Final Subdivision Map for Tract 3674 , is subject to a limitation on
development of said lots in accordance with Resolution No. 84-335 of the
Council of the City of Fresno conditionally approving the Tentative Map of
Tract 3674 . Said Resolution prohibits construction on lots of the tract
which lie more than 450 feet from Cornelia Avenue until a second access is
provided .
C. Covenantor desires to record a Final Subdivision Map for the
Tract 3674 property, including the affected property. The City of Fresno
has agreed to permit the recordation of the Final Subdivision Map for the
Tract 3674 property on the condition that the Covenantor execute this
Covenant prohibiting the construction of dwellings on the affected
property until such time as the Director of the Development Department
finds that the conditions requiring the limitation no longer exist , as
described hereinbelow.
COVENANTS, CONDITIONS, AND RESTRICTIONS
NOW, THEREFORE, as required by the City of Fresno and in
consideration of the foregoing and the approval by the City of Fresno of
the Final Subdivision Map of the Tract 3674 property, Covenantor hereby
covenants. promises and agrees with the City, for the benefit of the City,
its public property and the above referenced property as follows :
1 . Covenantor shall not commence on-site construction of dwellings
on the above-described affected property until and unless a second point
of access is constructed as defined in the Conditions of Approval of
Tentative Tract 3674 , provided that upon completion of said second point
of access, the City shall execute a Release of this Covenant relieving the
Covenantor and the affected property from the conditions and limitations
set forth in this paragraph.
2 . The foregoing condition shall burden the property herein
described and constitute a covenant running with the land in favor of and
ORPORATE ACKNOWLEDGMENT NO.202
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State of California On this the 26thdayof March 1985,before me,
County of Fresno SS. Vicki K . Washer
the undersigned Notary Public, personally appeared
John Bonadelle and Robert A. McCaffrey
IKX personally known to me
-_ OFFICIAL SEAL ❑ proved to me on the basis of satisfactory evidence
... ~; VICKI K WASH ER to be the person(s)who executed the within instrument as
NOTARY PUBLIC - CALIFORNIA President/Secretaryoron behalf of the corporation therein
?� "•' FRESNO COUNTY
My comm. expires NTUG3 16, 1S37 named,and acknowledged to me that the corporation executed it.
j1 WITNESS my hand and official seal.
-7z6_,,L_,
Notary's Signature'
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120 NATIONAL NOTARY ASSOCIATION-23012 Ventura Blvd.•P.O.Box 4625•Woodland Hills,CA 91364
JAC:QUELINt L. k(yl : ��, a nera rarx nersnlp �(
City Clerk
By ��/ y By /C7r uV tiCl� lJ,[C�r� -r. 26
J1r11L UrL�t11.11'VL�i\1[-1'����- . �- _7 in �7__. _I_AA__ (�PL7P1__�7_I_._P�1"1'TPT
COUNTY OF FRESNO
ON THE 26th DAY OF March , 1985, BEFORE ME THE UNDERSIGNED, A NOTARY PUBLIC IN
AND FOR SAID COUNTY kNID STATE, PERSONALLY APPEARED STEVE GUEST, VICE PRESIDENT and
NEILA TOSI, SECRETARY , PERSONALLY KNOWN TO ME TO BE THE PERSONS WHO EXECUTED THE
WITHIN INSTRUMENT ON BEHALF OF SAID STEWART TITLE OF FRESNO COUNTY , THE CORPORATION
THAT EXECUTED AND WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AS THE ATTORNEY-
IN-FACT OF LEE, ALDREDGE AND BROWN, A GENERAL PARTNERSHIP , AND ACKNOWLEDGED TO
ME THAT THEY SUBSCRIBED THE NAMES OF JOE H. LEE, JAMES E. ALDREDGE AND WILLIE L.
BROWN, AS THE GENERAL PARTNERS OF SAID PARTNERSHIP , THERETO AS PRINCIPALS AND THE
NAME OF STEWART TITLE OF FRESNO COUNTY, A CORPORATION AS ATTORNEY IN FACT FOR SAID
JOE H. LEE, JAMES E. ALDREDGE AND [,WILLIE L. BROWN , AND THAT SAID STEWART TITLE OF
FRESNO COUNTY,_A CORPORATION , EXECUTED THE SAME AS SUCH ATTORNEY IN FACT.
WITNESS MY HAND AND OFFICIAL SEAL ; ALir"AL Se.at
��[J�(\//� I `� /�� �, � ) Qq � . __,✓• i'nnCro.a L ,,ee in r�
ras.-o Co_)I!y z�
E; P.Yy CoTMt. EX;_:
Ires J-1. 31, 193o
NOTARY PUBLIC,/