HomeMy WebLinkAboutT-3913 - Agreement/Covenant - 6/22/2006 (2) R
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RWMID AT REQUEST Of
8'7150231 CENTRAL T E COMPANY
PLEASE CONFC:RM ..--...MIN. PA ..M
DEC 151967
FRESNO COUNT i, -INIA j
GALEN LARSON,County Recorder
FEE �
BY DEPUTY RECORDER
-------------------SPACE ABOVE FOR RECORDER ' S USE-------------------
P.W. File No. 8572 Development Department
City of Fresno
COVENANT
LANDSCAPE MAINTENANCE
Tract No. 3913
WHEREAS, Cedar View Estates III , a California Limited
Partnership, hereinafter referred to as "the Covenantor , " is the
owner of the real property situated in the City of Fresno. County of
Fresno. State of California , hereinafter referred to as "the Subject
Property" and more particularly described in attached Exhibit "A" ,
said property being further subdivided by the final map of Tract
No . 3913 , consisting of fifty five (55) lots (plus one outlot) ; and
WHEREAS. Covenantor is required by the City as a condition of
final map approval to install landscaping and an irrigation system
for Lot(s)one through seventeen in a 10 -foot easement along the
North Cedar and East Teague Frontages; and
WHEREAS , Resolution No . 87-256 of the Council of the City of
Fresno conditionally approved Tentative Tract No . 3913 ; 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. 3913.
NOW, THEREFORE, it is agreed :
1. In consideration of the foregoing and the approval of the
final subdivision map for Tract No. 3913 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 easement, 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 .
-2-
.c
3 . The Covenant shall be released and of no further effect
upon a written determination by the undersigned and the Director of
the Development Department of the City of Fresno that its continued
existence and enforcement are no longer necessary.
DATED this A day of 1987 .
Accepted By: COVENANTOR
CITY OF FRESNO Cedar a states III
a Municipal Corporation a lif i Lim' t artrer_stiip '', '
By Q• By:
George IV. Kerber, Director
Development Department
ATTEST: By:
JACQUELINE L. RYLE
City Clerk c (5
By ( � L
Deputy
APPROVED AS TO FORM:
HARVEY WALLACE
• City Att ne
(�
By
Deputy (Attach Notary Acknowledgement )
LR: sn
2256d/308
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STATE OF CALIFORNIA ) ss .
COUNTY OF FRESNO )
On � ,�' �� , I9 , before me , the undersigned , a
Notary Public and for said State , personally appeared
"!'/?Ci /e7 ,personally know to me
to be the of the corporation that executed
the within instrument on behalf of said corporation , said
corporation being personally know to me to be general
partner of ;,%.�•^ ,�,�`>;, Yjfn''X _� the partnership that
executed the within instrument , and acknowledged to me
that such corporation executed the same as such partner
and that such partnership executed the same .
,h Or FICIAL SEAL
t, JOArN CYCON
NOTARY PUFSLIC-CALIFORNIA
NOTARY BOND FILED IN
j FRESNO COUNTY
"y Corr MI-;SI0M FVires March 15, 1991
i
The land referred to in this Report is situated in the State of
California , County of Fresno, and is described as follows :
The North 582 .00 feet of Lot 21 of Perrin Colony No . 2 , in the City
of Fresno, County of Fresno, State of California , according to the
amended map thereof recorded in Volume 4 of Plats at Page 68 , Fresno
County Records ;
Excepting therefrom the East 30 feet of the North 72 feet of Lot 21 ,
as granted to the City of Fresno, a Municipal Corporation, by deed
recorded May 20 , 1987 as Document No. 87061565 .
For the purpose of this description the North line of said Lot 21 is
taken to be parallel with and 30 . 00 feet South of the North line of
the Southeast quarter of Section 26 , Township 12 South, range 20
East, Mount Diablo Base and Meridian.
EXHIBIT "A"