HomeMy WebLinkAboutT-3700 - Agreement/Covenant - 6/21/2006 (2) • RECORDED AT REQUEST OF
CENTRAL TITLE COMPANY
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No r,:--Covt.Code 6103 a _ AT.....'-..MIN. PAST.O M
Return to City Clerk,Fresno
DEC 24 1985
851305 1ry8 FRESNO COUNTY, CALIFORNIA.
GALEN LARSON, County Recorder
&4, .DG=nWl FEE
DEPUTY RECORDER
-------------------SPACE ABOVE FOR RECORDER ' S USE-------------------
Tract Map No. 3700 Development Department
P. W. File 8211 City of Fresno
STATEMENT OF COVENANTS
AFFECTING LAND DEVELOPMENT
(Tract No. 3700)
RECITALS
A. Regency Service Corporation, a California Corporation,
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 93 and 94 of Tract No. 3700, Cedar View Estates, r`
according to the map thereof recorded in VolumeAl ? of '
Plats at PagesgZ:,4�, Fresno County Records.
B. A condition of approval of Tract No. 3700 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 .
851;ia5`79
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. The Covenantor has paid
to the City of Fresnaa Pond Maintenance Charge of $3 ,260.00.
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.
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85130576
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.
DATED: A 21i,,.,1r1.
Accepted by: OWNER
CITY OF FRESNO - - REGENCY SERVICE CORPORATION,
a Municipa rpti o a California Corporation
By /
James 1n, 'Director By
Public Works Department
ATTEST: .
' BY
JACQUEL NI1 L. RYLE !
City,- C 'erk
By
APPROVED AS TO. FORM:
JAMES A. McKELVEY
City Attorney
By 0(�
Deputy (Attach Notary Acknowledgement)
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'•° a STATE OF CALIFORNIA TITLE INSURANI
v, COUNTY OF Fresno S.S.
i
On this the 1 2 i-h day of De r.e mh e r 19—a5 before me,
the undersigned, a Notary Public in and for said County and State, FOR NOTARY SEAL OR STAMP
personally appeared Rnhe-rf M ni 11Ari
o personally
known to me or proved to me on the basis of satisfactory evidence to be
� the President,and � �
�;, OFMALSEPL
personally i Y a. t(>5,R! L. RAXLER
,�``` .
rjpTAry PL'JLIC•C�UFORNIA
� known to me or proved to me on the basis of satisfactory evidence to be K� SIP
PRINV AL OFFICE IN
Secretary of the corporation that executed the withinF�ESNo ccuNrr
instrument on behal} of the corporation therein named, and acknow- � � My Commission Exp.Jan. 15, 1988
ledged to me that such corporation executed the wjthin instrument
8 pursuant to its by-law"I a resol on board of hectors.
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0 CL W Signature
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