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Home My WebLink AboutT-3685 - Agreement/Covenant - 6/20/2006 (3) --------------- -ABOVE SPACE FOR RECORDER ' S USE------------------- P.W. File No. l Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TRACT NO. 3685 (Temporary Street) RECITALS A. NEW DIMENSION 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 on the attached Exhibit "A" . B. A condition of approval of Tract No. 3685 is a requirement that the Covenantor provide a temporary paved street turnaround for the termination of North Knoll Avenue, until such time that another phase of the subdivision, which eliminates the need for such temporary streets is constructed . 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, 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 paved street turnaround 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 inspection and to regulate the use of and access to the Subject Property. 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 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. s 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 thereof . 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: �ZVn c' G 1985 Accepted By: COVENANTOR CITY OF FRESNO, NEW DIMENSION HOMES, a Partnership a Municipal Corporation Bargain Homes Inc. , -Pattn JAMES L. MARTIN PUBLIC WORKS DIRECTOR By President Secretary ATTEST:' Better Homes, Inc. , Partner By JACQUELINE L. RYLE 03SAFECC) _ STATE OF CALIFORNIA SS. y CE COUNTY OF Frpsno 1 J1�n P 19-8-5,before me,the undersigned,a Notary Public in and or On this the � day of CL N said State,personally appeared c personally known tome or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the m President,and c nce to be the person who executed the within instrument as the personally known to me or proved to me on the basis of satisfactory evideiL Secretary of FOR NOTARY SEAL OR STAMP _ i Bar a in HomesInc• the corporation that C3 executed the within instrument on behalf of Newn �n�; ^n • om Hes me part a nership that executed the within instrument,and acknowledged to me "Vitt' that such corporation executed the same as such partner and that BETTY S. NAKAYAMA co ,' •;�.•, NOTARY PUBLIC.CALIFORNIA `. such partnership executed the Same. .,,r'''%" NOTARY BOND FILED IN m WITNESS my hand and official seal. -' FRESNO COUNTY �Ay Commission Expires July 15.1W? ? co G) Signature me part- . a' nership that executed the within instrument,and acknowledged to me ,OFfK SEM that such corporation executed the same as such partner and that ,-' BETTY S.NAKAYAMA Co such partnership executed the same. ~� BETTY PUBLIC. FILEDICALIFORNIA «'. m WITNE S my hand and official seal. +•�:• NOTARY BOND NTT IN ; � G FRESNO COUNTY i` Commission Expires July 15. 1987 1� (A J Q U Signature EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY STREET RIGHT-OF-WAY TRACT NO. 3685 That portion of Outlot "H" of Tract No. 3545, Westwood Park, in the City of Fresno. County of Fresno, State of California , according to the map thereof recorded in Volume 41 of Plats, at Pages 55, 56 , and 57, Fresno County Records , described as follows : BEGINNING at the Southwest corner of said Outlot "H" , thence South 89' 53 ' 44" East, along the South line of said Outlot "H" , a distance of 101 . 61 feet ; thence South 88' 43 ' 49" East, along the South line of said Outlot "H" , a distance of 22 . 28 feet to the TRUE POINT OF BEGINNING; Said point being on a curve concave to the Southwest with a radius of 34 .00 feet; (a radial through said point bears South 81' 41 ' 43 " West) thence Northwesterly along said curve through a central angle of 40' 07 ' 09" and an arc length of 23 . 81 feet to the point of reverse curvature of' a curve concave Southerly with a radius of 34 .00 feet; thence Northerly, Northeasterly, Easterly, Southeasterly, and Southerly along said curve through a central angle of 260' 14 ' 18" . and an arc length of 154 . 43 feet to the point of reverse curvature of a curve concave Easterly with a radius of 34 .00 feet; thence Southerly along said curve through a central angle of 40' 07 ' 09" and an arc length of 23 . 81 feet to the point of tangency; thence South 08' 18 ' 17" East, a distance of 6 .07 feet to a point on the South line of said Outlot "H" , thence North 88' 43 ' 49" West, a distance of 36 . 51 feet to the TRUE POINT OF BEGINNING. MIW:mgm 1107g/60 14' 41=)i WT of &6x=i W W i W(a- '& C-cewev-or & . 34.00 V- i C�LTT LoT H 40 F= TC4.--T F- No. X5445 Nve;awwoop A- -rZLAP- ft:)IWr OP N W I W(. -7" e e,.ale 4.15' 015' 1 zz.za 77- 3(0. s, wwe =,r- • %0,+% Nom. 3543 \V 66Twoop � < L c � �` 0 QV a F, WewPj/A.F--i4-e,.ic>6J 1-44c;,/Ae.-=, c=EWEL9.!�.L. Puouc- C-T-V-r--e-r Pur-p=ses. eco lr-p N. 5L6<--e.--,TCZWG, r-ee:,6wo , --kzk GARY J. DIX-ON LS X77 �:-C A Ll . 4;1 7 'A.