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Home My WebLink AboutPM 2000-11 - Agreement/Covenant - 2/8/2006 mWHEN RECORDED MAIL TO U. F 2 0 City Clerk v city of Fresno 9611912905,20050129120 u2600 Fresno Street Fresno, CA 93721-3603 CL APN: 455-030-27 Entitlement No: Parcel Map No. 2000-11 STATEMENT OF COVENANTS AFFECTING LAND USE AND LAND '" DEVELOPMENT FOR PARCEL MAP NO. 2000-11 17 Statement of Covenants Affecting Land Use and Land Development April 18, 2005 Page 1 of 5 RECITALS WHEREAS, Empereur.Equity Developers, Inc., A California Corporation, hereinafter known as "Covenantor," is the owner, of the real property in the City of Fresno, County of Fresno, hereinafter referred to as the "Subject Property" and more particularly described in the attached Exhibit "L" attached; and, 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 that all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and, WHEREAS,the Covenator applied with the City of Fresno("City")fora Tentative Parcel Map No. 2000-11 to divide the Subject Property into four parcels; and, WHEREAS, the Subject Property is zoned C-M, (Commercial and Light Manufacturing District)zone district; and, WHEREAS,the site is designated for development with General Heavy Commercial Planned Land Uses; and, WHEREAS, the C-M Land Use Zone District designation is not consistent in every respect with the General Heavy Commercial Planned Land Use designation of the site; and, WHEREAS, Subdivision Map Act Section 66473.5 and 66474 require that approval of a tentative parcel map shall be denied if it is inconsistent with the applicable general and specific plan; and, WHEREAS, it has been recognized in California case law(see Ayres v. City Council of Los Angeles, 34 Cal. 2d (1949))that inherent in the power to disapprove a map is the power to approve with conditions,so long as such conditions are reasonable consequences of the local governmental body's factual findings; and, tr Statement of Covenants Affecting Land Use and Land Development ---..'-.- April April 18, 2005 : Page 2 of 5 WHEREAS, the City finds it necessary to condition approval of Tentative Parcel Map No. 2000-11 to ensure that the Subject Property is not developed out of compliance with the general or specific plans; and, WHEREAS, the Covenantor desires to develop the Subject Property without rezoning the subject site to the C-6 zone district or without amending the community and specific plans to the Light.Industrial Planned Land Use designation, and request that the City of Fresno approve the tentative parcel map and issue all necessary permits to allow such development. COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on,and approval of, the Covenantor's application for Tentative Parcel Map No. 2000-11, the Covenantor hereby covenants that all of the proposed lots 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 run with the Subject Property and shall be binding on each successive owner of the Subject Property and his heirs, administrators, successors, and assigns. NOW, THEREFORE, as required by said Subdivision Map Act of the California Government Code, and the City of Fresno, and in consideration of the foregoing, and the approval by the City of Fresno of the tentative parcel map and the issuance by said City of the necessary special and/or building permits and certificates in connection with said use, the Covenantor hereby covenants,.promises, and agrees with the City, for the benefit of said City, its public property, and the Subject Property, as follows: 1. All uses on the Subject Property shall be only those use permitted by right or by conditional use permit in the C-6, (Heavy Commercial District) zone district, and development of the Subject Property shall be in accordance with the property development standards of the C-6, (Heavy Commercial District) zone district. 1 Y. Statement of Covenants ------ .- -- Affecting Land Use and Land Development- -= .-.--- April 18, 2005 Page 3 of 5 2. Upon the redistricting of the,Subject Property to the C-6, Heavy Commercial District or upon the amendment of the 2025 Fresno General Plan, Roosevelt Community Plan and the-Fresno Yosemite International Airport and Environs Plan to the Light Industrial Planned Land Use designation, this covenant agreement shall become null and void. 3. The failure to abide by the terms of this covenant may result.in the revocation of the Certificate of Occupancy for the use of any portion of the Subject Property affected, in addition to other penalties and remedies available to City. 4. The foregoing conditions and obligations shall remain in full force and effect until such time as the Planning and Development Director issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 5. 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 unenforceability of any other provision hereof. Whenever the context so requires, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. 1 Statement of Covenants' ---- -- -- - Affecting Land Use and Land'Development - April 18, 2005 1 Page 4 of 5 DATED: -051 Zj7 lo S CITY OF FRESNO COVENANTORS a Municipal Corporation Empereur Equity Developers, Inc. A California " a n By: By: Nick P. ovino, Director arry E pereur Plann' and Development Department Preside t J APPRO AS TO i h By: HILDA CANTO-MONTOY City Attorney (Attach Notary Acknowledgment) j Statement of Covenants Affecting Land Use and Land Development April 18, 2005 Page 5of5 Exhibit "L" PARCEL A OF PARCEL MAP NO. 88-56, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED JULY 21, 1989 IN BOOK 49, PAGE 72 OF PARCEL MAPS, FRESNO COUNTY RECORDS. j ALL PURPOSE ACKNOWLEDGEMENT STATE OF CAL FORNIA COUNTY OF OL On 20 Caber before me, /:Gc.'tvL S , personally appeared ,5(2Q e V, C personally known to me _)�C_ 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/shef4hey executed the.same in his/htr/+ke�authorized capacity(ies), and that by his/her-4heir 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. �•. RUTH PHILLIPS fn COMM.#1369Uc-Ca 688 IT, Sl nature � :-�� ; Na�Y Pu6Jic-Califomia cos g W FRESNO COUNTY —� My Comm.Exp.Aug 13,2005 f T tl CY+, CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On May 27,2005,before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Nick P.Yovino,Planning and Development Director, known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) 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 City Seal. REBECCA E. KL ISCH, CMC CITY CLERK By , Deputy Y; nsa&V,3005 C�r:08pm) A