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HomeMy WebLinkAboutT-3960 - Agreement/Covenant - 7/5/2006 (2) RECORDED AT REQUEST OF. �J CENTRAL TITLE COMPANY 88106206 AT . PAST.. A SEP 23 1988 R�L`>711A�req�ssfad�y FRESNO coUNTr.uLWORNIA Clly Clark,FMM,CclifC.^113 GALEN LARSON.County Recorder No Foe-GoYL Code 6103 FEE F.9tprA to Clty Clark..APPM13 $ BY DEPUTY RECORDER -------------------ABOVE SPACE FOR RECORDER'S USE------------------- Tract 3960 Public Works Department Lots 5. 6 & 7 City of Fresno P.W. File No. 8678 C O V E N A N T TO HOLD PROPERTY AS ONE PARCEL WHEREAS, the undersigned, Herndon-Cedar Investment Group Trust Agreement and CLRJ Ranch, a Partnership. hereby represent and warrant that they are the record owners ( "Owners" ) of the following described real property ( "Subject Property" ) situated in the City of Fresno. County of Fresno. State of California : Lots 5. 6 and 7 of Tract No. 3960. Cedar Park Professional Center. according to the map thereof recorded in Volume � pages (�,��of Plats. Fresno County Records; and WHEREAS. Sections 12-1012 and 14-106 of the Fresno Municipal Code requires separate water and sanitary sewer services for each lot or parcel: and WHEREAS. Owners propose to develop the Subject Property in such a manner. utilizing existing services. so as to construct common services and/or service one lot across a lot line which. without this covenant. would be contrary to the intent of cited Municipal Code provisions; and 88106206 WHEREAS, the Owners desire to develop the Subject Property without the requirement for separate services and request that the City issue all necessary permits to allow such development : and WHEREAS, the City of Fresno ( "City" ) is willing to permit such development provided the Owners enter into this covenant. NOW. THEREFORE, in consideration of the premises, the Owners Covenant and Agree: 1. To hold the Subject Property as one parcel , division thereof not to be sold or transferred into separate ownership unless all property and building development standards are met, including, but not limited to, the severance of any cross sanitary sewer or water connections or services, and the installation of separate services in such a manner so as not to cross property lines . 2. Whenever the context hereof requires, the neuter shall include the masculine or feminine, or both, and the singular shall include the plural . It is the intention hereof that this shall constitute a covenant running with the land owned by the undersigned, jointly and severally -2- f 88106206 binding upon the undersigned and each of their heirs , representatives . successors and assigns : DATED: �—ZI —g58 !ti Accepted By: COVENANTORS rr CITY OF FRESNO Herndon-Cedar Investment A Municipal Co p ration Grou Trust Agreement 3 B arvi Johnson BY: Pu 1 ' c Works Department Franceen L. Doos, TrusVae CLRJ Ran a Partnership A BY: Larry kian, Partner APPROVED AS TO FORM: HAR Y WALLACE City t ey By eputy (Attach Notary Acknowledgement) ' 1 STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO On this o ��} day ofi the year before me person lly appeared r'Jih �.Zr1) 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 . 0 JACQUELINE L. RYLE, CMC City Clerk ,_ By Deputy Dated: qua, RD:dk 6355d/400 -3- STATE OF CALIFORNIA I COUNTY OF I Fresno J SS p cc • On this 16tday of AllS7tlst in the year 8C71Up2Us h All 9 g 8 before me. the undersigned, a Notary Public in N and for said County and State, personally appeared Franc•aan T. Trustee KRIS itR0E10ER h NOTARY PUBLIC I personally known to me for proved to me on the basis of satisfactory m FRESNO COUNTY, CALIFORNIA evidence) to be the person whose name My Commission Expires June 2, 19891 1 subscn ed to the within instrument and acknowledged 4Kis executed the s same. SignaturenKroeker rn Name (Typed () Printed) Nory Public in and for aid County and State F 2492 R t t i82 FOR NOTARY SEAL OR STAMP STATE OF CALIFORNIA COUNTY OF Fresno } ss. On this 16 th day of Au ug, S t in the year 19 8 8 a before me,the undersigned,a Notary Public in and for said County and a State, personally appeared Larry Melikian 1 , personally known to me (or proved to me on the basis of satisfactory evidence) to be — W L1IIP of the partners of the partnership that executed the j; j >_ t _,, r ,• r�;pT,� 1-1 RY PI)SLIC = within instrii crit, and ackno wledged to me that such partnership -},y';,.4� rrL ,�O COU,;TY, GS.UFGrmh executed the sa t r'7 1939 I-P, t)n Lxyir�5 JIll2 2� — Signature a K is Kroe r wName (Typed or Printed) Not ry Public in and for said County and State FOR NOTARY SEAL OR STAMP CT•73 t