HomeMy WebLinkAboutT-3674 - Agreement/Covenant - 6/21/2006 (3) a PY
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STATEMENT OF COVENANTS
AFFECTING LAND DEVELOPMENT
(Rezoning Application No. 7179)
RECITALS
A. LEE, ALDREDGE AND BROWN, a General 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 as follows:
The South 179 .00 feet of the West 134 .00 feet of the East 146 .00
feet of Parcels 1 and 2 of Parcel Map No. 4801, recorded in
Book 30, Page 32 of Parcel Maps, Fresno County Records .
B. The Covenantor has applied to the City of Fresno for a
district amendment changing the AE-5/UGM Zone District
classification to the R-P/UGM/cz Zone District classification for
the Subject Property.
C. The City of Fresno desires to obtain covenants from the
Covenantor to insure that the Subject Property is not developed,
used, or maintained in such a way as to adversely affect adjoining
properties .
COVENANTS, CONDITIONS, AND RESTRICTIONS
For favorable action on, and approval of , the Covenantor ' s
application for an amendment to the Zone District classification of
the Subject Property as referred to hereinabove, 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, and desirability 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 .
.Eacit.of the covenants, .conditions , and restrictions contained in
this Statement will run with the Subject Property and shall be
binding on each successive owner of the Subject Property and his
heirs , administrators , successors , and assigns .
1 . Covenantor hereby covenants as follows :
a . Development and use of the site shall be limited to a
child day care center , otherwise known as a day nursery.
b. Development shall occur prusuant to the conditions of
approval of Site Plan Review Application No. 8097, on
file in the office of the Development Department
Director .
2 . The conditions of this Statement are intended to benefit the
public and public properties . Accordingly, 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 Subject Property who directly or who through any agent
violate the terms hereof . All obligations of the Covenantor under
this Statement shall inure solely to the benefit of the City of
Fresno. There are no third party beneficiaries of said obligations
nor shall the right of the City of Fresno be transferrable in any
manner to any person other than to a successor municipal corporation
whose geographic boundaries include the Subject Property.
3 . Covenantor covenants that, in the event of failure to comply
with the conditions set forth in this Statement, Covenantor will not
object to the redistricting of the Subject Property to a land use
zoning district which the Council of the City of Fresno determines
is proper without compliance with such conditions, and in such
event, Covenantor waives any right to have any uses or improvements ,
installed subsequently to the change of land use zoning district
herein requested, considered, or treated as not conforming uses or
improvements after such redistricting.
4 . The foregoing conditions shall remain in full force and
effect until such time as the City of Fresno, pursuant to the
district amendment procedure of the Fresno Municipal Code, finds the
enforcement of such condition is no longer equitable.
-2-
5 . The ppovissons 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, LAND DYNAMICS,
a Municipal Corporation a California Corporation
By �- BY
Georo A. Kerber , Director
Development Department
By
ATTEST:
JACQUELINE L. RYLE ;>,, �'Q�!?� LEE, ALDREDGE, AND BROWN.
City Clerk i� �'!�� a General Partne sh'
� � � zoo '�1-�Ai/•,-� ;��t`-}-4gQJ�I%.�'Tytiy�-J- � �n�
By By
Deputy ® Joe_ H. Le eneral Partner
.� Aw J (� r ►- I
O4:.,•P'7 r �i� =1O►r ark irk'=i^
APPROVED AS TO FORM: ED O r
n
JAMES A. McKELVEY By
City Attorney James E . Aldredge, General Partner
CAl r-l�✓r.�.,'� LU" d!�`t7c?sJ ,4Sr!� ._✓ �`-j/r
Bydl lL n
1
By ltZ
Wi11Ye L. Brown, General Partner
(Attach Nntarv_ _Acknowl-edument)
STATE OF CALIFORNIA
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-
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
VI;,KY DEALS Fj
?r;nc;,)ai Cfrice 7n
Fresno : ;4
�> ��P:Sy Com. Expires Jan.n. 311,, 1986
NOTARY PUBLIC-/