HomeMy WebLinkAboutPM 2002-04 - Agreement/Covenant - 8/11/2006 (3) 05/13/2003,20030106577
PLEAS5 CONFORM
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 FOR
CROSS ACCESS AND RECIPROCAL EASEMENTS
(PARCEL MAP NO. 2002-04)
WHEREAS, The Vendo Company, a Missouri Corporation, hereinafter referred to as
"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:
Parcel "D", 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-I?) , 2003,
in Book U_, of Parcel Maps, at Page(s)�0-9 1 Fresno County Records.;
Together with:
The portion of Parcel Map No. 2002-04, hereinafter referred to as "Remainder" and more
particularly described, and attached as Exhibit"A";
and,
WHEREAS, 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
Statement of Covenants Affecting Land Development
Parcel Map No. 02-04
Page 2
WHEREAS, Covenantor has developed, or intends to develop the Subject Property with
buildings, structure, parking areas, driveways, driveway approaches, landscaping, landscape
irrigation, water for domestic and fire protection purposes, sanitary sewer disposal, gas, electric,
tele-communication services, refuse container enclosures, emergency accesses, required
walls/fences and other requirements in accordance with the approved Tentative Map for Parcel Map
02-04("Tentative Map") , and any amendments thereto, in such a manner that Parcel "D"will be
compelled to use portions of the"Remainder",for surface drainage from the on-site improvements;
and,
WHEREAS, the conditions of approval for Parcel Map No. 2002-04 require that there be
provided and maintained on Parcel "D" , adequate drainage system sufficient to satisfy the
requirements of the Fresno Municipal Code
WHEREAS, it is necessary for the accumulated surface drainage from the on-site
improvements located on Parcel"D", to drain across the"Remainder", to satisfy the requirements
of the approved City of Fresno grading plan; and,
WHEREAS, the City of Fresno is unable to find that Parcel Map 2002-04 is in substantial
compliance with the approved Tentative Map for Parcel Map 02-04 ("Tentative Map") until the
Covenantor provides assurances that such improvements and buildings will be constructed and
maintained in compliance with the conditions of approval of the Special Permit,Tentative Map,the
California Building Code and the Fresno Municipal Code.
Statement of Covenants Affecting Land Development
Parcel Map No. 02-04
Page 3
WHEREFORE, COVENANTOR HEREBY COVENANTS AS FOLLOWS:
1. In consideration of the approval and recordation of Parcel Map 2002-04, 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 shall run with the Subject
Property and shall be binding upon and inure to the benefit of each successive owner of the Subject
Property and his or her heirs, successors, and assigns.
2. Each Parcel of the Subject Property shall be developed and used in such a manner
as to enable cross access between and among the Parcels, as set forth in paragraph 3, for the
following purposes: cross drainage of storm water; cross access for utilities (Including but not
limited to gas, electricity, water, fire suppression systems, sewer, tele-communications, etc.);
emergency services access; provided the entire scope of the cross access is as approved by the
City of Fresno in the Special Permit, regardless of whether the Parcels of the Subject Property are
owned or leased by the same or different persons.
3. Covenantors, hereby grant to, and accept from the other, the following reciprocal
easements for pedestrian or vehicular ingress and egress; shared parking areas; cross drainage
of storm water; cross access for utilities over,through and across only those adjacent parcels set
forth below:
Statement of Covenants Affecting Land Development
Parcel Map No.02-04
Page 4
(a) Reciprocal easements between Parcel "D" , as shown on
Parcel Map No. 2002-04, and the "Remainder"only,attached as Exhibit A;
4. Any buildings or structures constructed on any parcel of the Subject property must
comply with the prevailing California Building Code.
5. Covenantor shall maintain and repair the improvements and buildings, in such a
manner that will not limit or impair such mutual non-exclusive uses across parcel lines within the
Subject property, in compliance with the approved Special Permit, Tentative Map, the California
Building Code and the Fresno Municipal Code.
6. The cost of maintenance and repair of improvements, utility charges which are not
separately metered and billed (including but not limited to charges for sewer, water, solid waste
collection, gas, electric and tele-communication service), shall be the responsibility of the
Covenantor unless otherwise agreed between the property owners of each Parcel of the Subject
Property by written agreement.
7. At such time Covenantor or subsequent owner(s)sells or transfers any Parcel of the
Subject Property,the owner shall disclose this Statement to the buyer and reserve and except from
the deed for the Parcel(s), the terms of this Statement.
8. The conditions of this Statement are intended to benefit the public and public
properties as well as properties appurtenant. Failure to comply with the terms of this Statement
may result in the revocation of the Certificate of Occupancy or Special Permit by the City for use of
any Parcel of the Subject property involved. Accordingly, the City of Fresno shall have the right to
enforce this Statement by any legal or equitable means.
9. Each of the covenants,conditions,and restrictions contained in this Statement shall
Statement of Covenants Affecting Land Development
Parcel Map No. 02-04
Page 5
run with the Subject Property and shall be binding on each successive owner of the Subject
Property, his heirs, representatives, successors, and assigns.
10. The conditions and obligations of this Statement shall remain in full force and effect
until such time as the Development Director of the City of Fresno issues a written release of such
conditions and obligations and records such release with the Fresno County Recorder.
11. 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 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.
Statement of Covenants Affecting Land Development
Parcel Map No. 02-04
Page 6
DATED: 6/7 , 2003
CITY OF FRESNO, COVENANTOR
a Municipal Corporation The Vendo Company,
a Missouri Corpora ' n,
By .
TDelopment
Yovino, Director By:
Department Mike Vartanian, Chief Financial Officer
By:
APPROVED AS TO FORM:
HILDA CANTO MO OY
City Attome
By
Deputy (Attach Notary Acknowledgment)
CITY CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On May 7 , 2003, before me, Elvia Sommerville personally
Director
appeared Nick P. Yovino, Development personally known to me (or provided to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her
signature on the instrument the person, or the entity upon behalf of the CITY OF FRESNO of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
CITY CLERK
REBECCA E. KLISCH
d
By
DEPUTY
Statement of Covenants Affecting Land Development PM 02-04(430-03)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of t/-'/9 G t F d^N( � )
ss.
County of F�Fsti )
On fi/0 Y before me, Z,4
Date ' / Name,Title of Officer
///
personally appeared moi/(t V t--JA-
Name(s)
Name(s)of Signer(s)
personally known to me-OR- [ proved to me on the basis of satisfactory evidence to be the
/— person($)whose name(p) is/aK subscribed to the within
instrument and acknowledged to me that he/slag/"y executed
the same in his/her/their authorized capacity(ies), and that by
his/hdrr/t"ir signature(s)on the instrument the person(tt);or the
TAM,A A MOSQUEDA entity upon behalf of which the person(s)acted,executed the,
Commission# 1221186 Z instrument.
i
*, Notary Public-California
;.
Fresno County WITNESS my hand and official seal.
My Comm boles May24,2003
Signature of Notary
THIS CERTIFICATE MUST BE ATTACHED TITLE OR TYPE OF DOCUMENT-b4--1,---,r wT' V V �Vficdq ?3 FEC 7N
TO THE DOCUMENT DESCRIBED AT RIGHT: /—D fv-(-.g.D/ &1 e-4,04! A6a�-'X1
NUMBER OF PAGES,_DATE OF DOCUMENT '�--6 C]
LEGAL DESCRIPTION
Real property in the City of Fresno,County of Fresno, State of California, described as
follows:
Lot 1 of Tract No. 4637, recorded in Volume 62, Pages 39 through 48 inclusive of Plats,
Fresno County Records.
Also that portion of Lots 295,296, 297, 304 and 305 of the Amended Plat of Perrin
Colony No. 2,recorded in Volume 4,Page 68 of Plats, Fresno County Records, in
Section 32,Township 12 South,Range 20 East, Mount Diablo Base and Meridian, lying
within the property described as follows:
Beginning at a point on the east line of said section 32,said point being 1630 feet.North
0° 30'East of the Southeast comer of said Section 32, and 3654 feet, South 00 30'West of
the Northeast comer of said Section 32;thence North 89° 30'West,a distance of 30 feet
to the TRUE POINT OF BEGINNING,thence North 890 30'West,a distance of 351
feet; thence North 0° 30'East,a distance of 95 feet;thence North 89° 30' West, a distance
of 100 feet; thence South 0° 30'West,a distance of 95 feet;thence North 89°30'West, a
distance of 186.81 feet;thence South 0° 14' West,a distance of 615.73 feet;thence North
890 30'30" West, a distance of 460.30 feet to the easterly line of the property deeded to
Westcot, Inc.,by deed recorded July 31, 1959, in Book 4254 at Page 330, Fresno County
Records; thence North 35° 18'East,along said easterly line a distance of 87 feet; thence
North 54° 42' West along the northerly line of said Westcot,Inc.,property a distance of
662 feet;thence North 35°43'East,a distance of 1163 feet;thence North 25°00'East, a
distance of 44 feet;thence North 35° 50'East, a distance of 181 feet;thence North 38° 29'
East, a distance of 100 feet;thence North 46°21'East,a distance of 100 feet; thence
North 54° 38'East,a distance of 100 feet;thence North 62°49'East, a distance of 100
feet;thence North 70° 56'East, a distance of 100 feet;thence North 79° 10'East, a .
distance of 100 feet;thence North 87° 19' East, a distance of 100 feet;thence South 85°
17'East, a distance of 90 feet;thence South 830 28'East,a distance of 91.33 feet to a
point 30 feet westerly of the East line of section 32;thence South 00 30' West, 30 feet
westerly and parallel with said East line of section 32, a distance of 1267.32 feet to the
TRUE POINT OF BEGINNING.
Excepting therefrom that portion of said lot 297, described as follows:
Beginning at the Southeast corner of said Section 32;thence North 890 51' West,along
the south line of said Section 32,a distance of 1309.34 feet;thence North 00 12' 30" East
a distance of 954.55 feet;thence North 480 0P East,a distance of 100.22 feet;thence
South 890 30' 30" East,a distance of 135.00 feet to the TRUE POINT OF BEGINNING;
thence North 350 19'East,a distance of 87.00 feet;thence South 540 42'East,a distance
of 125.14 feet;thence North 89°30'30" West, a distance of 152.41 feet to the TRUE
POINT OF BEGINNING.
EXHIBIT A
Page A-1
Also excepting therefrom that portion of said Lot 295 lying North and East of the
following described line:
Beginning at the most easterly comer of Lot 49 of said Tract No. 4637; thence
southeasterly along a non-tangent curve concave to the Northeast whose radius point
bears North 29° 58' 18" East, having a radius of 547.00 feet through a central angle of
29° 28' 18", a distance of 281.36 feet;thence South 89° 30' East, a distance of 325.53
feet; thence South 0° 30' West, a distance of 372.95 feet;thence South 89° 30'East, a
distance of 212.09 feet to the East line of said Lot 295.
(Pursuant to Lot Line Adjustment No. 14-99, approved by the City of Fresno, which is
attached to the certain grant deed executed by Calcot, Ltd. to the Vendo Company,
recorded February 9,2000 as Instrument No. 20000015973).
Also excepting therefrom Parcels"A"through"F"inclusive,of Parcel Map Number
2002-04 recorded in Book _of Parcel Maps at pages 10 and `1 1
Fresno County Records.
END OF DESCRIPTION
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EXHIBIT A
Page A-2