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Home My WebLink AboutT-3754 - Agreement/Covenant - 7/3/2006 (2) =r RECORDED AT REQUEST Of J" A9032864 ------- --- CKfca t AT.4?i GPSWM7 91989 FRESNO COUnt'r.CALIFORNIA GALEN LARSON, County Recorder GCE w S ------------- -------------------SPACE ABOVE FO@YftQ@R h5;=N P. W. File No. 8302 Tract Map No. 3754 Development Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT (Tract No . 3754) Sanitary Sewer - Effluent Discharge Limitation RECITALS A. FRESNO INDUSTRIAL PARK, a General Partnership, and FRESNO SUPREME INC. , a California Corporation, hereinafter referred to as "the Covenantors, " are the owners 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 2 through 6, inclusive, Lots 9 through 18, inclusive, and Lots 21 through 27. inclusive. of Trac No. 3754 according to the map thereof recorded in Volume of Plats at Pages Fresno County Records. B. A condition of approval of Tract No. 3754 is a requirement that the Covenantors agree to limit the discharge of effluent from the Subject Property into the sanitary sewer system to the amount of 1,750 gallons per acre per day. C. The Covenantors and the City of Fresno desire to enter into an agreement providing for such limitation. I COVENANTS, CONDITIONS, AND RESTRICTIONS The Covenantors hereby covenant 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. 1. The Covenantors agree that the Subject Property shall be developed and used in such manner that no more than 1,750 gallons of effluent per acre per day, in the aggregate, shall be discharged from the Subject Property into the public sanitary sewer systems . Covenantors grant to the City of Fresno the right to enter upon the Subject Property for purposes of inspection and to regulate the use of the Subject Property for the purpose of enforcement of this limitation. 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 Covenantors and such person or persons in actual possession of the Subject Property who directly or who through any agent violate the terms hereof. The cost of enforcement shall be charged against the violator . -2- 3 . The foregoing conditions shall remain in full force and effect until such time as the City of Fresno. and the Covenantors, their 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 -3- interpreting this Statement, any gender includes the other genders, the singular includes the plural , and the plural includes the singular. Accepted by: OWNER CITY OF FRESNO FRESNO INDUSTRIAL PARK, a Municipal Cor oration a General Partnership By BARGAIN HOMES INC. , a California Marv* D. Johnson, Director Corporation, Partner P is Works Department j Victor Ro, vsky, Pres' nt. FRESNO SUPREME INC. , a Califotnia , Corporation, Part er � ' by _ John E. Peterson, Assistant Secretary FRESNO SUPREME INC. , A California Corporation by John E. Peterson Assistant Secretary-) STATE OF CALIFORNIA } ss . COUNTY OF FRESNO ) t1hkAh n this � day of 1 �QnrYl , in the y ar �q , before me [ LSU , personnally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Director of the Public Works Department and acknowledged to me that the City of Fresno executed it. JACQUELINE L. RYLE, CMC City Clerk + ByJl.»5 Deputy 7442g/168 APPROVED AS TO FORM _4_ CITY OFD:=: BY: O)SMECD STATE OF CALIFORNIA FRESNO SS, TITLE INSURANCE couNTYOF ) m 17th _ February 89 a On this the day of 19_—,before me,the undersigned,a Notary Public in and for • y said State,personally appeared JOHN +�E.' PETERSON v I�QKW�N1{i�}{I�� tST�A`/i��QRhIa�1R� 1Y5.'75ClSXiti lti li li""� NrJxwlY t'�}QViYYR'1ti 17V1V1S d 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 2 ASS • G an Secretary of PRESNLl CeSUPRENIR�__ T Nr _the corporation that FOR NOTARY SEAL OR STAMP executed the within instrument on behalf of F R E S N O INDUSTRIAL PARK the part- nership artnership that executed the within instrument,and acknowledged to me O=SEALLthat such corporation executed the same as such partner and that "" ` JANONsuch partnership executed the same. - NOTARYORNIAm WITNrE my hand and official seal. FYa •-'' My Comml,1989 4 Signature ................ . .. :........................................... - __ -_ __ - - _- . .• IM :5 STATE OF CALIFORNIA SAFECO Ss. COUNTYOF FRRSNO 1 On this the 17th day O February 1989 before me,the undersigned,a Notary Public in and for a said State,personally appeared VICTOR ROZNOVSKY 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 President,730tbz a p�3f1�a�AtrxOSixai�'�mtletLasx11s1x��Gcat�stat�oryx�atcffix>tcffi1�fbe�rsflxi"D�oxae»aOe�We�edti�aca�t ;Kl�c - ;� Siecwkwof A-ARG--A T N HQS, tNC the corporation that FOR NOTARY SEAL OR STAMP fPxecd the within instrument on behalf of FRESNO uN 1 , , INDUSTRIAL PARK the p�- i ! nershilpthat executed the within Instrument,and acknowledged to me ;► OFFICIAL SEAL that such Corporation executed the same as such partner and that I ► rc s rshipexecutedthesame• I �� ANGELA J. BROWN 4 WIIT�,myhand and ofti6 al Ih ss. 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