HomeMy WebLinkAboutT-3768 - Agreement/Covenant - 7/3/2006 (2) -------------------ABOVE SPACE FOR RECORDER ' S USE-------------------
Development Department
City of Fresno
COVENANT
(Landscape Maintenance)
Tract No. 3768
WHEREAS, RIVERVIEW ESTATES, a partnership, 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 18 , inclusive, of Tract No . 3768 , according
to the map thereof recorded in Volume ,
Pages of Plats , in the office of the
County Recorder of 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 West Audubon Drive; and
WHEREAS , Resolution No. 85-496 of the Council of the City of
Fresno conditionally approved Tentative Tract No . 3607 of which
Tract No. 3768 is Phase II ; 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 street ; 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. 3768 .
NOW, THEREFORE, it is agreed :
1 . In consideration of the foregoing and the approval of the
final subdivision map for Tract No . 3768 by the City of Fresno, the
undersigned hereby covenants , promises and agrees with the City of
Fresno for the benefit of said City that :
1 . 1 Said landscaping shall be installed , and shall be
maintained by Covenantor until such time as a landscape
maintenance district or 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 vu/ 1986 .
Accepted By: COVENANTOR
CITY OF FRESNO, RIVERVIEW ESTATES �\;'! 1-1U�
1r Municipal C o atio a partnership
By 7 BARGAIN HOMES, I m ` RUED
George A. ",Kerber, Director •--
Development Department OCT. 17, 1960
By
Victor Roz sk
ATTEST: OFOV
BETTER H INC. , Partner
JACQUELINEL. RYLE HOM
• City Clerk Byti� ES
r By ' St-an 1e Sp o71
ty
1111
APPROVED AS TO FORM:
JAMES A. McKELVEY At t IFOil
City Attorney
By '
Deputy (Attach Notary Acknowledgements )
GSA: ems'
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STATE OF CALIFORNIA O)SMECO
n SS TITLE INSURANCE
v
COUNTY OF Fresno
On this the 17 day of—' ne 19 86 ,before me,the undersigned,a Notary Public in and for
a
v1 said State,personally appeared Stanle)t Spano
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
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�6ecrepnly of
-Better Hames,inc the corporation that FOR NOTARY SEAL OR STAMP
executed the within instrument on behalf of
k 33• a-s the part-
nership that executed the within instrument,and acknowledged to me
that such corporation executed the same as such partner and that OFF04 SEAL
°0 such partnership executed the same. BETTY S. NAKAYAMA
ti v WITNES my hand and official seal. ,
NOTARY PUBLIC.CALIFORNIA
oy - Q a NOTARY SONO NTTILED IN
FRESNO COUNTY
My Commission Expires July 1.5 1931
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A Signature
(BSMECC)
STATE OF CALIFORNIA SS. TITLE INSURANCE
COUNTY OF Fresno .
a 17 day of June 19 86 ,before me,the undersigned,a Notary Public in and for
On this the
CL 0 said State,personally appeared
Victor Roznovskvr__--
o he basis of satisfactory evidence to be the person who executed the within instrument as the
personally known to me or proved to me on tb
y President,
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H ar e a i n H oma, 7 nc the corporation that
FOR NOTARY SEAL OR STAMP
U executed the within instrument on behalf of
giverview Estates the part-
y nership that executed the within instrument,and acknowledged to me �OICIAt SEAL
allo that such corporation executed the same as such partner and that BETTY S.NAKAYAMA
°0 such partnership executed the same. NOTARY PUBLIC,CALIFORNIA
� i��y NOS•='y BOND FILED IN
m _v WITNESS my hand and official seal.
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` EXHIBIT "A"
A PORTION OF PARCEL C OF PARCEL MAP NO . 79- 16 , IN THE CITY OF FRESNO ,
COUNTY OF FRESNO , STATE OF CALIFORNIA , ACCORDING TO THE MAP RECORDED
IN BOOK 31 , PAGES 87 THROUGH 98 , INCLUSIVE OF PARCEL MAPS ; FRESNO COUNTY
RECORDS , DESCRIBED AS FOLLOWS :
BEGINNING AT THE MOST WESTERLY CORNER OF TRACT N0 . 3151 , RIO VISTA ,
ACCORDING TO THE MAP RECORDED IN BOOK 42 , PAGES 10 , 11 AND 12 OF PLATS ,
FRESNO COUNTY RECORDS , SAID CORNER BEING THE SOUTHWEST CORNER OF LOT
1 OF SAID TRACT NO . 3151 ; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY
LINE OF SAID TRACT N0 . 3151 , THE FOLLOWING COURSES : SOUTH 81013 ' 04 "
EAST , A DISTANCE OF 175 . 76 FEET TO THE TRUE POINT OF BEGINNING ; THENCE
SOUTH 81 ° 13 ' 04 " EAST , A DISTANCE OF 19 . 52 FEET ; THENCE NORTH 80002 ' 47 "
EAST , A DISTANCE OF 20 . 00 FEET TO A POINT ON A CURVE CONCAVE TO THE
NORTHEAST WITH A RADIUS OF 50 . 00 FEET ( A RADIAL THROUGH SAID POINT BEARS
NORTH 38008 ' 48" EAST ) ; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 40° 15 ' 38" AND AN ARC LENGTH OF 35 . 13 FEET TO THE
POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS
OF 45 . 00 FEET ; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 25042 ' 45" AND AN ARC LENGTH OF 20 . 19 FEET TO THE POINT OF TAN-
GENCY ; THENCE SOUTH 66024105" EAST , A DISTANCE OF 7 . 04 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST WITH A RADIUS OF 515 . 00
FEET AND A CENTRAL ANGLE OF 16052 ' 08" ; THENCE SOUTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 12032 ' 42" AND AN ARC LENGTH OF 112 . 76
FEET ; THENCE SOUTH 40°28103 " WEST , LEAVING THE SOUTHWESTERLY LINE OF
SAID TRACT NO . 3151 , A DISTANCE OF 128 . 53 FEET ; THENCE SOUTH 49031 ' 57 "
EAST , A DISTANCE OF 224 . 00 FEET ; THENCE SOUTH 42003 ' 27 " WEST , A DISTANCE
OF 307 . 95 FEET ; THENCE SOUTH 47056 ' 33" EAST , A DISTANCE OF 130 . 00 FEET
TO A POINT ON THE NORTHWESTERLY RIGHT-OF -WAY LINE OF WEST AUDOBON DRIVE
AS SHOWN ON SAID PARCEL MAP N0 . 79- 16 ; THENCE SOUTH 42003 ' 27 " WEST ,
ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE , A DISTANCE OF 80 . 63 FEET
TO THE NON-TANGENT BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST WITH
A RADIUS OF 1958 . 00 FEET (A RADIAL THROUGH SAID POINT BEARS NORTH 47051 '
30" WEST ) ; THENCE SOUTHWESTERLY ALONG SAID CURVE , CONTINUING ALONG SAID
NORTHWESTERLY RIGHT-OF -WAY LINE , THROUGH A CENTRAL ANGLE OF 11 °49 ' 53 "
AND AN ARC LENGTH OF 404 . 32 FEET ; THENCE SOUTH 53044 ' 35 " WEST , A DISTANCE
OF 71 . 94 FEET ; THENCE NORTH 47035 ' 18" WEST , A DISTANCE OF 289 . 86 FEET ;
THENCE NORTH 44033 ' 01 " WEST , A DISTANCE OF 142 . 75 FEET ; THENCE NORTH
51029 ' 21 " EAST , A DISTANCE OF 108 . 71 FEET TO A POINT ON A CURVE CONCAVE
SOUTHEASTERLY WITH A RADIUS OF 50 . 00 FEET ( A RADIAL THROUGH SAID POINT
BEARS NORTH 42°39 ' 02 " EAST ) ; THENCE NORTHERLY AND EASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 139010 ' 33 " AND AN ARC LENGTH OF 121 . 45
FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHWESTERLY
WITH A RADIUS OF 45 . 00 FEET ; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 39028 ' 49" AND AN ARC LENGTH OF 31 . 01 FEET TO THE
POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST WITH
A RADIUS OF 1060 . 00 FEET ; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 10009 ' 37 " AND AN ARC LENGTH OF 187 . 97 FEET TO THE
POINT OF TANGENCY ; THENCE NORTH 42011 ' 09" EAST , A DISTANCE OF 135 . 44
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH14EST WITH
A RADIUS OF 730 . 00 FEET ; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH
„ CENTRAL ANGLE OF 20017 ' 58" AND AN ARC LENGTH OF 258 . 63 FEET TO THE
POINT OF TANGENCY ; THENCE NORTH 21 °53 ' 11 " EAST , A DISTANCE OF 104 . 51
FEET TO THE TRUE POINT OF BEGINNING .