HomeMy WebLinkAboutPM 2002-04 - Agreement/Covenant - 8/11/2006 (2) Recording Requested by
City Clerk,Fresno,California
No Fee-Govt. Code 6103
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0511311003,10030106516
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ABOVE SPACE OR RECORDER'S C7SE-4NL'Y
Parcel Map No. 2002-04 CITY of FRESNO
APN 405-332-03,09,15 &22 Planning & Development Department
APN 405-550-32-0 & 33-1 Building & Safety Services Division
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
ACKNOWLEDGMENT OF COVENANT AND EASEMENT
(For Emergency Fire Access)
RECITALS
Whereas, The Vendo Company, a Missouri Corporation, hereinafter referred to as the
"Covenantor," are the owners 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 follows and by this reference made part of this Statement of
Covenants:
Parcels "A"through "F", inclusive, of Parcel Map No. 2002-04, in the City of Fresno,
County of Fresno, State of California, according to the map thereof recorded on
5-1 , 2003 in Book 2 , of Parcel Maps, at Page(s) ,
Fresno County Records.
WHEREAS, the undersigned has or intends to construct on said Subject Property,
Emergency Fire Access, in such a manner that emergency vehicles using parts of the Subject
Property will be compelled to use portions of Parcel "C"for ingress and egress; and,
WHEREAS, the City of Fresno requires that there be provided and maintained in
connection with the Parcel "C" , two points of emergency access to the Subject Property; and,
Covenant and Easement
for Emergency Fire Access
Page 2
WHEREAS, in order to provide an emergency fire access, it is necessary to
create a separate access easement upon Parcel "C", as shown in Exhibit"A", attached hereto,
and made part of this covenant; and,
WHEREAS, the Covenantors 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
part of this instrument.
NOW, THEREFORE, as required by the Fresno Municipal Code, and the City of Fresno,
and in consideration of the foregoing, and the issuance of said the City's approval of the parcel
map and of the necessary special and/or building permits and certificates in connection with
said use, the undersigned hereby covenant and promise for themselves, their successors and
assigns, for the benefit of said City, its public property and the Subject Property, as follows:
1. The Subject Property shall be developed, used and occupied subject to providing
adequate emergency access as provided in the Fresno Municipal Code as shown in Exhibit"A",
and approved by the Fire Chief of the Fire Department of the City of Fresno.
2. Covenantors shall use said land in such a manner that will not impair adequate
emergency vehicular and personnel access from, between and across the common boundary
lines of the Parcel "C" and adjacent portion of the Subject Property.
l
Covenant and Easement
for Emergency Fire Access
Page 3
3. At such time Covenantors sell or transfer Parcel "C" over which emergency vehicular
access is required for use by any portion of the Subject Property, the Covenantor shall reserve
and except from the deed to the purchaser of Parcel"C° sold or transferred, an easement of
ingress, egress of emergency vehicles and personnel over and across said parcel for the
benefit of the remaining portion of the Subject Property to meet the requirements of the Fresno
Municipal Code as they then exist.
4. The failure to comply with this covenant may result in the revocation of the
Certificate of Occupancy by the City for use of any said Parcels involved, as well as actions to
enforce said Covenants in law or in equity by the City of any subsequent owner of said
individual Parcel or Parcels.
5. The benefits and the burden of this covenant shall operate mutually and reciprocally
between the Subject Parcels and shall run with the land and inure to the successors in interest
to any portion or portions of the Subject Property.
6. All plans for development or improvement of said property shall be checked and
approved by the Director of the Development Department of the City for compliance with the
terms of this Covenant.
7. 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
shall constitute a covenant running with the Subject Property owned by the undersigned,jointly
and severally binding upon the undersigned and each of their heirs, representatives,
successors and assigns.
8. This Covenant shall remain in full force and effect until such time that the City and
the owner(s) of the Subject Property agree in writing to its termination and release.
Covenant and Easement
for Emergency Fire Access
Page 4
DATED: C-7 2003
CITY OF FRESNO, COVENANTOR,
a Municipal Corporation
The Vendo Company,
a Missouri Corporation,
By:
Nkkp. Yovino, Director
D elopment Department By:
Michael Vartanian, Controller & Secretar
By: By:
J L. Ara Chief
Fire Departnen/it
APPROVED AS TO FORM:
HILDA CANTO-MONTOY
City Attorney (Attach Notary Acknowledgment)
By:
Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of C A C l f Oil tir / P', )
ss.
County of S N )
On AlAv2-,L K 11,10-01 before me, _FA MA2 tq b S (j i /�� 1 `�UTv1A-Y
Date 1 Name,Title of Officer -
personally appeared t,3
Name(s)of Signer(s)
Personally known to me-OR- Qproved to me on the basis of satisfactory evidence to be the
person(7)whose name(*l is/arid subscribed to the within
instrument and acknowledged to me that he/shlE/tt)0y executed
the same in his/hbt/thieir authorized capacity(Ws),and that by
WAARA MOSOU®A his/hor/th*signature(Commission 186 on the instrument the person(by, or the
#Cla�lif Z entity upon behalf of which the person(acted, executed the
Fresno County
instrument.
MyCamm I5pkesMay24,210:1
- WITNESS my hand and official seal.
Signature of Notary
THIS CERTIFICATE MUST BE ATTACHED TITLE OR TYPE OF DOCUMENT 4f'F46CANb
TO THE DOCUMENT DESCRIBED AT RIGHT: 64 6`�v"
NUMBER OF PAGES DATE OF DOCUMENT
CLERK'S CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF FRESNO
CITY OF FRESNO
On May 7, 2003, before me, Elvia Sommerville, Deputy City Clerk, personally
appeared, Nick P. Yovino, Planning & 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.
WIME55 my hand and official City Seal.
REBECCA E. KL15CH
City Clerk
0
By
Deputy