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Home My WebLink AboutT-3792 - Agreement/Covenant - 6/30/2006 (2) t 93000924 I&1„RK,n AT MIN. PAST' CITY OF FRESNO DMIAWSOM DEPAR774ENT JAN O 5 1993 2600 Fr�e 9tnd FRESNO CA 97711-3606 FRESku CWh i V.wWF0FVQA W UJ M C.GgEENWOOp, r>M ey =4OEPUr.►R -------------------ABOVE ACE FOR RECO -------------- P.W. File No. 8639 Develo4pent Department UGM Permit No . 208 City of Fresno COVENANT (Erosion Control) Tract No. 3792 A Planned Development WHEREAS, RIVERVIEW ESTATES a General 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 , 2 and 3 inclusive of Tract No . 3792 , according to he map thereof recorded in Volume !2- , Pagesof Plats , in the office of the County Reco�f said County. WHEREAS, Covenantor is required by the City as a condition of final map approval to install erosion control measures along the graded, altered or unstable bluff slopes of said lots as specified on Exhibit "A' attached; and WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen int, a fee have subordinated to this instrument ; and WHEREAS , all such instruments of Subordination, if any, are attached hereto and made a part of this instrument ; and WHEREAS, Resolution No. 87-477 of the Council of the City of Fresno conditionally approved Tentative Tract No. 3792; and Covenant (Erosion Control)- Tract No . 3792 A Planned Development Page 2 WHEREAS, said resolution requires that an erosion control maintenance program or other mechanism acceptable to the Director of the Development Department of the City of Fresno be formed for the maintenance of the areas requiring erosion control along said lots; and WHEREAS, said erosion control maintenance program or other mechanism will not be established prior to the approval of the final subdivision map for Tract No . 3792 . NOW, THEREFORE, it is agreed: In consideration of the foregoing and the approval of the final subdivision map for Tract No. 3792 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 . Erosion control measures shall be as required by Fresno Municipal Code Section 12-1022 (e) (1) (v) and shall be installed in accordance with approved plans and as identified in Exhibit "A" attached hereto and incorporated herein by reference; and. 2 . Said erosion control measures including all costs thereto shall be performed and shall be maintained by Covenantor until a Homeowner ' s Association or other mechanism for the • maintenance of said areas acceptable to the Director of the Development Department is established. Upon sale of said Covenant (Erosion Control)_ Tract No . 3792 A Planned Development Page 3 lots, the new owner of each lot shall assume responsibility for maintenance of erosion control improvements but the Covenantor shall remain liable to perform the erosion control required in Exhibit "A" ; and 3 . In the event that said erosion control items are not completed within the time as set forth in the Subdivision Agreement referred to hereby and incorporated herein by reference, then the City may enter upon said property and perform the items described in Exhibit "A" . Each of the covenants , conditions , and restrictions contained in this Statement shall run with the Subject Property and shall be binding upon each successive owner of the Subject Property, his heirs , representatives , successors and assignees . The Covenantor hereby creates a lien upon the Subject Property to guarantee the performance of the obligations of the Covenantor contained in this Statement . The conditions of this Statement are intended to benefit the public and public properties . Accordingly, the City of Fresno shall have the right to enforce this Statement by any legal or equitable means . All obligations of the Covenantor in this Statement shall inure solely to the benefit of the City of Fresno . There are no third party beneficiaries of said obligations nor shall the right of the City of Fresno be transferable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. Covenant (Erosion Control)_ Tract No. 3792 A Planned Development Page 4 The conditions and obligations of this Statement shall remain in full force and effect until the Director of the Development Department of the City of Fresno issues a written release of such conditions and obligations . 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 one provisions hereof .Whenever the context of the Statement so requires, in interpreting this Statement, any gender includes the other genders, Covenant (Erosion Control)- Tract No . 3792 A Planned Development Page 5 the singular includes the plural, and the plural includes the singular. DATED this / 58 day of 'xcaw.._lare 1992 . Accepted By: COVENANTOR CITY OF FRESNO, Municipal Corporation RIVERVIEW ESTATES a General Partnership BY: Bargin Homes , a California By Corporation, Partner Alvin P. Solis , Director Development Department I � By: Victor Roz5pksky, APPROVED AS TO FORM: President HILDA CANTU-MONTOY cting City Attorney By: Better Homes , a California Corporation, Partner By �-� � n � -uty By. anley L. , tesident (Attach Notary Acknowledgements) RL :crm LAND257/+4144 Revised: 10/30/92 STATE OF CALIFORNIA COUNTY OF FRESNO } S.S. W On OCTOBER 22 , 1992 More me, Y ANGELA J . BROWN a Notary Public in and for said County and State. ersonally appeared FOR NOTARY SEAL OR STAMP g VICTOR ROZNOVSKY an STANLEY SPANO personally known to me(or proved to me on the basis of satisfactory W evidence)to be the person(s)whose name(s)islare subscribed to the within instrument and acknowledged to me that he/she/they executed SEK the same in his/her/their authorized capacity(ies),and that by his/her/their {WGE(A J. BROWN signature(s)on the instrument the person(s),or the entity upon behalf • NOTARY N&ICZ LWT PRMpAL OFFICE IN of which the person(s) acted, executed the instrument. ; MSNO COUNTY —_ YM Cartmsim Eve.Non 14 1992 WITNESS my harafficial seat �Signatur F 2492(5.911 Covenant (Erosion Controll Tract No . 3792 A Planned Development Page 6 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ) ss . COUNTY OF FRESNO ) On this day of in the year /99L before me personally appeared 0 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 Development Department and acknowledged to me that the City of Fresno executed it. JACQUELINE L. RYLE City Clerk By �-v�,ptcl, 40-1 Y De ty LR:crm LAND257/+4144 s ,q • ! � . fists+itssas _ * _ � sli 's ......... _ t.77 < ;il jj for �m t s si== 2 f �� r.-.rrrrrr-rrrr. �_��.. � .r t� - ••fit =WNWWIC Ilii• • ,; •• t •t u\\\Hili\uNNiiiia New aw- k3: Mils >Y $ 26 .:s's'sas:�sasiissesti'tssabsb .... ..... . Zj 14'hi yyv <�a • i�.yrsssaes+s�iosiitt •S Z W W = 'ssssiasiiniiisiiiisitt yi� ; i !r-- sssiii�oie ZO., L� t&r t : 4 i 7it�'s:'tfz :iL=i:is�fS=27stii _ raiiaci5iaaasAt < ei s i is:is'risis��iss'.i:rzS •11 CL ear _�� n Na ~St rte_' .�..��- �� •a �'ls:ia� W ;� a ;Z a a 'a.w•rr-•e�e>_�esae aes > s;s O p ••.-now" &&SO em ea eees.�• aw. fY -+tee 401m= w �3s • MA '4-te rY•ewY +• -' i 22 ; \ �w te>�•eu �. , r•+rhea• _ aLmosams AIMMOS&OWr i I W fie,. �•• eir 7• i I I I � /• s v I Q, � �-+�/ N 9 �.M.•f1Ni (Mel) � I .• �, r 2 v '• '"•• t O ; \ I ' ' ,� t = tea � � •`!2! may'; 1.-� •� .. � .a. � � �.-: ` _ Lj co co ZC in < icyj r ••w-Y+ �'_!/ 9 w ' : yrs �•, N„�i d + o-Rrl � N J x O i�. pvi^ O r 0 • ' z ' _ ca c e • z IC g O O J a O v ss p .. EXHIBIT A d