HomeMy WebLinkAboutPM 2001-13 - Agreement/Covenant - 8/16/2006 R
WHEN RECORDED MAIL TO:
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PLEASE CONFOFW 0712212002,20020120314
City Clerk
City of Fresno
2600 Fresno Street
Fresno, Ca 93721
NO FEE-GOVERNMENT CODE 6103
Parcel Map No. 2001-13 CITY of FRESNO
APN 406-040-58 Planning & Development Department
Building & Safety Services Division
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
ESTABLISHING SURFACE DRAINAGE EASEMENTS
(Parcel Map No. 2001-13)
RECITALS
WHEREAS, DLM Partners, Inc., a California General Partnership, hereinafter referred to
as the"DLM", without regard to number or gender, is the owner of that certain real property in the
City of Fresno, County of Fresno, State of California, hereafter referred to as the "Subject
Property", and more particularly described as:
Parcels A and B of Parcel Map No. 2001-13 recorded in Book, of
Parcel Maps, Pages , Fresno County Records, Fresno County; and
WHEREAS, James L. Fisher, Sr., James Leon Fisher, Jr., and Sharon Maureen Fisher
hereinafter referred to as the "FISHER", without regard to number or gender, is the owner of that
certain real property in the City of Fresno, County of Fresno, State of California, more particularly
described in Exhibit"A",hereinafter referred to as the "Fisher Property", which adjoins and abuts
said Parcel A; and
WHEREAS, the Conditions of Approval for Vesting Tentative Parcel Map No. 2001-13
dated December 14, 2001 issued by the City and any amendments thereto, hereinafter referred
to as"Conditions of Approval"and incorporated into this Statement of Covenants by this reference
and as hereinafter specified, requires compliance with the requirements issued by the Fresno
Metropolitan Flood Control District (FMFCD); and
4
Statement of Covenants Affecting Land Development
Parcel Map No.2001-13
Page 2
WHEREAS, FMFCD requires the surface drainage from Parcel B to drain across portions
of Parcel A to drain to FMFCD Master Planned Facilities located on Figarden Drive; and
WHEREAS, the grading plans for the Subject Property and the Fisher Property, more
particularly identified as Grading Plan for 6605 North Tamera Avenue, approved May 5, 2002
(Parcel "B"), and the Addendum to the Grading Plan for 6605 North Tamera Avenue, approved
June 27, 2002 (Parcel "A") and Grading Plan for 6035 West Figarden Drive approved April 22,
1994 (Fisher Property)which are on file in the office of the Planning & Development Department
and incorporated into this Statement of Covenants by this reference, or any amendments thereto
approved by the City, hereinafter referred to as"Approved Grading Plans", have been engineered
to surface drain the Subject Property over and across the Fisher Property; and
WHEREAS, the City as a condition of approval of Parcel Map 2001-13 and recording,
requires FISHER to be a party to this Statement of Covenants; and
WHEREAS, DLM and FISHER hereby warrant that any and all parties having record title
interest in the Subject Property and Fisher Property, respectively, which may ripen into a fee have
subordinated to this instrument and that all such instrument of Subordination, if any, are attached
hereto and made part of this instrument.
NOW, THEREFORE, in consideration of the approval and recording of Parcel Map
No. 2001-13 by the City of Fresno and the mutual promises contained herein, DLM hereby
covenants that the Subject Property, and FISHER hereby covenants thatthe Fisher 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 Fisher Property,and
the public at large and to minimize possible adverse effects on the public health, safety, peace,
and general welfare.
1. The Subject Property and Fisher Property shall be developed and occupied subject to
providing adequate surface drainage in accordance with the Approved Grading Plans Fresno
Municipal Code as determined and approved in writing by the Director of the Development
Department of the City.
Statement of Covenants Affecting Land Development
Parcel Map No.2001-13
Page 3
2. Covenantors shall use said land in such a manner that will not impair adequate surface
drainage from or across the boundary lines of the Subject Property and Fisher Property as shown
on the Approved Grading Plans.
3. Covenantors, hereby grant to, and accept from the other, the reciprocal
easements for adequate surface drainage over, through and across
Parcels B and A of Parcel Map No. 2001-13 and the Fisher Property as shown on the
Approved Grading Plans.
4. At such time Covenantors sell or transfer any parcel over which surface drainage is
required by this Statement of Covenants, Coventantors shall reserve and except from the deed
to the purchaser of the parcel sold or transferred, an easement for surface drainage over and
across said parcel as provided by this Statement of Covenants.
5. The failure to comply with this Covenant may result in the revocation of the Certificate
of Occupancy by the City for such parcel, as well as actions to enforce said Covenants in law or
in equity by the City of any subsequent owner of said parcel.
6. Whenever the context thereof 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
document shall constitute a covenant running with the land and be binding upon the undersigned,
it's grantees, heirs, and successors and assigns.
7. This Covenant shall remain in full force and effect until such time as the Director of the
Planning and Development Department of the City of Fresno issues a written release of such
conditions and obligations and records such release with the Fresno County Recorder.
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EXHIBIT "A"
Real property located in the City of Fresno, County of Fresno, State of California,described as
follows:
Parcel 1:
That portion of the Southeast quarter of Section 1, Township 13 South, Range 19 East, Mount
Diablo Base and Meridian, lying Southwesterly of the Southwesterly right-of-way line of West
Figarden Drive as shown on map of Tract No. 3364 recorded in Book 46 Pages 66 and 67 of
Plats, Fresno County Records,described as follows:
Lot 741 of BULLARD LANDS IRRIGATED SUBDIVISION NO. 6,according to the map
thereof recorded in Book 6 pages 25 and 26 of Plats, Fresno County Records,together with that
portion of North Valentine Avenue vacated by instrument recorded December 14, 1990 as
Document No. 90152878,Official Records of said County.
Together with that portion of Lot 776 of said BULLARD LANDS IRRIGATED SUBDIVISION
NO. 6 described as follows:
Beginning at the Northwest corner of said Lot 776;thence North 89 deg. 58' 04"East,along the
North line of said Lot 776,a distance of 136.11 feet';thence South 50 deg. 07' 06"West a
distance of 59.90 feet;thence South 29 deg. 14' 20"West a distance of 62.52 feet;thence North
89 deg.45' 24" West a distance of 60.00 feet to a point on the West line of said Lot 776 thence
North 00 deg. 14' 36"East, along said West line, a distance of 52.63 feet to the point of
beginning.
EXCEPTING THEREFROM that portion of Lot 741 of said BULLARD LANDS IRRIGATED
SUBDIVISION NO. 6 described as follows:
Beginning at the Southwest corner of said Lot 741;thence North 89 deg. 58' 04"East, along the
South line of said Lot 741,a distance of 136.11 feet to the true point of beginning;thence North
50 deg. 07' 06"East a distance of 30.10 feet to the point of intersection with a non-tangent curve,
concave Northeasterly, with a radial bearing at said point of South 50 deg. 07' 06"West;thence
Southeasterly along said curve with a radius of 2053.00 feet,through a central angle of 00 deg.
42' 17",an arc distance of 25.25 feet to a point on said South line;thence South 89 deg. 58' 04"
West,along said South line, a distance of 39.40 feet to the true point of beginning.
ALSO EXCEPTING THEREFROM an undivided one-half interest in all oil, gas and other
hydrocarbons and minerals now or at any time situated in,on or under said real property,as
reserved in the deed from Iola Mae Liddel, et al, recorded May 19, 1969,as Document No. 34448
in Book 5688 Page 59, Official Records, but with no rights and/or rights of way for the extraction
and removal of oil, gas and minerals as provided in quitclaim deed recorded November 14, 1975,
as Document No. 86859 in Book 6509 Page 759, Official Records.
LAND
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GARY . DIX
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Statement of Covenants Affecting Land Development
Parcel Map No. 01-13
Page 4
DATED: r]i,��� .12002
CITY OF FRESNO, COVENANTOR
a Municipal Corporation DLM PARTNERS,
A California General Partnership
By /1�L�% 97-Z-*
1 P. Yovino, Director By.
D elopment Department David Britz, Partner
By: -
n ner
By:
APPROVED AS TO FORM: Robert Glassman, Partner
HILDA CANTLJ MONTOY By:
City Attorne Linda Glassman, Partner
By COVENANTOR
Deputy
tames
isher, Sr.
Y:
n Fisher, Jr.
Sharon Maureen Fisher
(Attach Notary Acknowledgments for Covenantor)
CITY CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO ) -
On /0 , 2002 before me, personally
appeared Nick P. Yovino 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(s), the person(s) on behalf of the
CITY OF FRESNO of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. iiLISCFI
CITY CLERK
By:
DEPUTY
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
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Description of Attached Document
Title or Type of Document:- T1Cky\ >
Document Date:V U" 1"t,)_M Number of Pages: `i
Signer(s)Other Than Named Above:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Commission# 1187399 subscribed to the within instrument and
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~' San Lu1s Obispo Countythe same in hi r authorized
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signature(on the instrument the person(p,or
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OPTIONAL
Though the information below is not required by law,h may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Docume
Document Date: '��S f� Number of Pages:_
Signer(s)Other Than Named Above: 101AV-0'Gv'o-
Capacity(les) Claimed by Signer
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❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
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