HomeMy WebLinkAboutT-3685 - Agreement/Covenant - 6/20/2006 (2) R
-------------------SPACE ABOVE FOR RECORDER ' S USE-------------------
P.W. File No. 8061 Development Department
City of Fresno
STATEMENT OF COVENANTS
AFFECTING LAND DEVELOPMENT
(Tract No. 3685)
Temporary Drainage Facilities
RECITALS
A. NEW DIEMENSION HOMES, 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 as Lots 1 , 2 , and 3 of Tract 3685, recorded
in Volume of Plats of Pages , Fresno County Records.
B. A condition of approval of Tract No. 3685 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
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 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. n
DATED:
Accepted by: COVENANTOR
CITY OF FRESNO NEW DIMENSION HOMES, A Partnership
a Municipal Corppration
r-- BARGAIN HOMES, INC!, rtner
James- L'. -'Martin-, Director B
Public Works Department President /
ATTEST: By
Secretary
JACQUELINE L. RYLE
City Clerk BETTER ES, Partner
By By
Deputy es '
APPROVED AS TO FORM: By " <-
Secretary
JAMES A. McKELVEY
City Attorney GARY MASON, INC. , Partner
By By -
Deputy sident
Se ret ry
(Attach Notary At,kT^•--' --- )
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TITLE INSURANCE
STATE OF CALIFORNIA SS.
H _ COUNTY OF r �F naa 19 ,before me,the undersigned,a Notary Public in and for
STATE OF CALIFORNIA SS. O) SAFECO
a TITLE INSURANCE
T-� �_�
STATE OF CALIFORNIA 1 O)SAFECOSS. TITLE INSURANCE
9t i COUNTY OF Fresno JJ
3 I On this the day of-Jane 19-&,r7L,before me,the undersigned,a Notary Public in and for
CL H said State,personally appeared C n r y Mn s o n
o personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the
m President,and 7 a n P t M eg c)n
apersonally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the
m Sarrwtary of