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Home My WebLink AboutT-4918 - Agreement/Covenant - 8/14/2006 (2) : 1 CIW OFFRESNO DEVELOPMENT DEPARTMENT 2600 FRESNO STREET FRESNO CA 93721-3604 05/0412001,20010061589 PLEASE CONFORM ABOVE SPACE FOR RECORDER'S USE P.W. File No. 10186 Public Works Department City of Fresno STATEMENT OF NOTICE AND COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY EMERGENCY ACCESS ROAD FOR TRACT NO. 4918 PHASE II OF VESTING TENTATIVE MAP TRACT NO. 4188 WHEREAS, NORTHERN SUN VILLAS ESTATES, 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 as follows and by this reference made a part of this Statement of Covenants: Lot 4, of Tract No. 4 18 according to the map thereof recorded i Volume t1z of Plats at Pages ZL2 , Fresno Cou y RZcords. WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into 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 Statement of Notice and Covenants For Temporary Emergency Access Road Final Tract No.4918 Phase II of T. Map 4188 Page 2 WHEREAS the Covenantor has submitted to the City of Fresno Vesting Tentative Map Tract No.4188 which was approve by the Fresno City Council with conditions on August 20, 1991 by the Resolution No. 91-345. WHEREAS, a condition of approval of Tract No. 4918 is to provide second point of access for the emergency service in a form of temporary access road for the subdivision until such time that permanent facilities are available in their ultimate street alignments or easements. WHEREAS, the Covenantor and the City desire to enter into an agreement providing for the provision and maintenance of such facilities. WHEREAS, City of Fresno desires to obtain covenants from the Covenantor to insure that the Subject Property is not developed, used, or maintained in such a way as to adversely affect adjoining properties. COVENANTS. CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantors request that the City of Fresno record the Final Map of Tract No. 4918 in accordance with the Tentative Tract Map approved by Resolution No. 91-345, the Covenantor hereby covenants that the Subject Property shall be held, conveyed, encumbered, used, occupied, developed, maintained, and improved subject to the following covenants, conditions and restrictions, which are for the purpose of enhancing attractiveness, usefulness, value and desirability of the Subject Property, the surrounding property, and the public at large and to minimize possible adverse effects on the public health, safety, peace, and general welfare. Each of the covenants, conditions, and restrictions contained in this Statement will ran with the Subject Property and Statement of Notice and Covenants For Temporary Emergency Access Road Final Tract No.4918 Phase II of T. Map 4188 Page 3 shall be binding on each successive owner of the Subject Property and his heirs, administrators, successors, and assigns. 1. The Covenantor hereby covenants and agrees that said Subject Property shall be used as a temporary emergency access road until the City of Fresno determines that such use is no longer necessary. The Covenantor agrees to maintain the temporary emergency access road and grants to the City of Fresno the right to enter upon the Subject Property for purposes of inspection and to regulate the use of and access to the Subject Property. Covenantor agrees to abandon and remove temporary facilities within sixth (60) days after the Public Works Director deems the site to be no longer necessary for the temporary emergency access road usage. 2. 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 against the Covenantor and such person or persons in actual possession of the Subject Property who directly or who through any agent violate the terms hereof. All obligations of the Covenantor under this Statement shall insure 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. 3. The foregoing conditions shall remain in full force and effect until such time as compliance with this Covenant has been made and this Covenant is released in writing by the Director of the Public Works Department of the City. 4. 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 Statement of Notice and Covenants For Temporary Emergency Access Road Final Tract No.4918 Phase II of T. Map 4188 Page 4 shall not affect the validity or enforceability of any other provision hereof. Whenever the context of the statement so requires, in interpreting this Statement, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. DATED:40"71 o� 0/ CITY OF FRESNO, COVENANTOR a Municipal Corporation NORTHERN SUN VILLAS ESTATES a California Limited Partnership By: Northern California Universal Enterprises, Co ByeNza California C poration, as Partner Mark I. Williamson, Director Public Works Department BY: Joe Wu,/, President APPROVED AS TO FORM: HILDA CANTO OY (Attach Notary Acknowledgment) City Attorney B Deputy Title or type of Document STATE OF CALIFORNIA Number of Pages Date of Document County of o "' Signer(s)Other than named below ._1�.cr - On before me ' E/r_�h personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. t�raunnuuuuurrrprrrrrrrrnauuwuua� WITNESS my hand and official Z! ELLA SMITH COMM. #1284850 ti NOTARY PUBLIC-CAUFORN1A m SignatureR (Seal) MERCED COUNTY Notary Publi or said County and StateurunuauruMKu;nninuiu riuniu u� Title or type of Document STATE OF CALIFORNIA Number of Pages Date of Document Signer(s)Other than named below County of On before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) Notary Public in and for said County and State UD01 (Rev.4/94) - y CLERICS CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On April 30 , 2001, before me, Elvia Sommerville personally appeared Mark I. Williamson, Director Public Works Department personally known to me (or provided to me on the basis of satisfactory evidence) to be the persons(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s) the person(s), or the entity upon behalf of the CITY OF FRESNO of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK a By n� ts'Irttr�t r/'i0�i J DEPUTY LR:Ir(11/17/2000) FT4918 .DOC