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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' 5132g/124 -2- 1 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 °1 PresidenWaMX c 1= a Ra9f�hbsiac�ktla�mexntim0tocmB> tl�ettiasiss�slsimxagce�aeiro2xo�ae[wttaaw4tsotASAatfifiiddK�fi�tx �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 J Q U 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, c CL �p ,�p�py�l�car�pla�o�me�a�fselbast9wtsaa>,cfawdi�o��tbRRers[wx�b>Rs�aazodadctlterlKdtUna4Lab]t�a4tOtR�c 4txx x$eaetacywf 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. a /i or Hist 15ioZ' J Q U Signature I ` 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 .