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HomeMy WebLinkAboutT-3710 - Agreement/Covenant - 6/21/2006 (2) ...SA ffiCQ Tide_Ins, AT:__..-.MIN. PAST.��.M ,SUN 2 5 1986 City Clerk,Fresno, California FRESNO COUNTY, CALIFORNIA No Fee-Govt. Code 6103 GALEN LARSON, County Recorder Return to City Clerk,Fresno v �' FEE DEPUTY RECORDER S --.-----------------ABOVE SPACE FOR RECORDER ' S USE------------------- Development Department City of Fresno COVENANT (Landscape Maintenance) Tract No . 3710 WHEREAS, SPALDING G. WATHEN and DELLA WATHEN, hereinafter referred to as "Covenantor , " is the owner of the real property situated in the City of Fresno , Fresno County, California , described as follows : Lots 1 to 113 , inclusive, of Tract No . 3710, Mansionette Estates No . 15, acco ding to the ma,p thereof recorded in Volume Pages -5 of Plats , in the office of the dodnty Recordertof said County. WHEREAS, Covenantor is required by the City as a condition of final map approval to install landscaping and an irrigation system in a strip along North Cedar and East Nees Avenues ; and WHEREAS, Resolution No . 85-152 of the Council of the City of Fresno conditionally approved Tentative Tract No . 3710 ; and WHEREAS , said resolution requires that a maintenance district or other mechanism acceptable to the Director of the Development Department of the City of Fresno be formed for the maintenance of the landscaped area along the above-mentioned Avenues; and WHEREAS, said landscape maintenance district or other mechanism will not be established prior to the approval of the final subdivision map for Tract No . 3710. NOW, THEREFORE, it is agreed : 1 . In consideration of the foregoing and the approval of the final subdivision map for Tract No . 3710 by the City of Fresno , the undersigned hereby covenants , promises and agrees with the City of. Fresno for the benefit of said City that : 86670907 1 . 1 Said landscaping shall be installed. and shall be maintained by Covenantor until such time as a landscape maintenance district br other mechanism for the maintenance of said landscaped strip, acceptable to the Director of the Development Department , is formed and established: and 1 . 2 Covenantor shall pay all costs of formation of the landscape maintenance district . 2. It is the intention hereof that this document shall constitute a covenant in favor of the City of Fresno and shall run with the land and be binding upon the undersigned, its grantees, heirs, and successors and assigns . 3 . The Covenant shall be released and of no further effect upon a written determination by the Director of the Development Department of the City of Fresno that its continued existence and enforcement are no longer necessary. DATED this day of 1986 . Accepted By: COVENANTOR CITY OF FRESNO, Municipal Corporation Spa By Q ding G W then Georg A. Kerber, Director Development Department c�Zj e la Wathen ATTEST: JACQUELINE L. RYLE City Clerk Y - L , Deputy APPROVED AS TO FORM: JAMES A. McKELVEY City Attorney By61 �. Deputy (Attach Notary Acknowledgements) GSA: ems 5664g/136 y c STATE OF CALIFORNIA 86G70.Q#07 COUN,LY OF FRESVO ss. On t7is day of _n the year me f personally n appeared personally knowto me (or proved to me on the basis of satisfactory to be the person who evidence) executed this Instrument as and ac knowied-ged to me that the_;`, J exec' ted it. --- JACQUELINE L . KYLE, CMC City Clerk By Deputy d ICEW TITLE INSURANCE CL STATE OF CALIFORNIA N � SS. couNrY of ---—-- __Fresno___.___- - --- On this the --- — -1`th- - -- --- da of --- —June y 19' before me the undersigned, a .3 Notary Public in and for said County and State,personally appeared SFald.in G. _''athen and Delia ? athen FOR NOTARY SEAL OR STAMP --------- personally known 1_ a to me or proved to me on the basis of satisfactory evidence to be the 79 person _ whose name ar-esubscribed to the within instrument and acknowledged that the yexecuted the same. Signature of Notary in a sn.ma Katacka U