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Home My WebLink AboutPM 2002-08 - Agreement/Covenant - 3/8/2005 (2) WHEN RECORDED MAIL TO: City Clerk City of Fresno per,, 2600 Fresno Street U Fresno, CA 93721-3603 Z1Z 05 00500458 0 0310 U NO FEE-Government Code 6103 CITY of FRESNO Planning and Development Department APN: 405-493-01 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR CROSS ACCESS AND MULTI USE RECIPROCAL EASEMENTS FOR PARCEL MAP NO. 2002-08 P Statement of Covenants Cross Access and Multi Use Reciprocal Easements Parcel Map No. 2002-08 Page 2 RECITALS WHEREAS,CIAO PROPERTIES, LLC,A California Limited Liability Company, hereinafter referred to as the "Covenantor," 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 follows and by this reference made part of this Statement of Covenants: Parcels "A"&"B"of Parcel Map No. 2002-08 according to the map thereof recorded on MGrCA-% Q')= 2005 in Book Vii, of Parcel Maps at Page(s) 5L �- 5a- Fresno County Records.; 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 WHEREAS, Covenantor has developed, or intends to develop the Subject Property with buildings, structure, parking areas, driveways, driveway approaches, landscaping, landscape irrigation, water for 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 2002-08 ("Tentative Map"), and any amendments thereto, in such a manner that each parcel of the Subject Property will be compelled to use portions of other Parcels of the Subject Property; and WHEREAS, the City of Fresno is unable to find that Parcel Map 2002-08 is in substantial compliance with the approved Tentative Map for Parcel Map 2002-08("Tentative Map") until the Covenantor provides assurances that such improvements and buildings will be constructed and 4 Statement of Covenants Cross Access and Multi Use Reciprocal Easements Parcel Map No. 2002-08 Page 3 maintained in compliance with the conditions of approval of the Special Permit,Tentative Map,the California Building Code and the Fresno Municipal Code. WHEREFORE, COVENANTOR HEREBY COVENANTS AS FOLLOWS: 1. In consideration of the approval and recordation of Parcel Map No. 2002-08, 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 for the following purposes: pedestrian and vehicular ingress and egress; shared parking areas; 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;landscaping;walls/fences;refuse enclosures; 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. Mutual easements appurtenant are hereby created and apply to each Parcel of the Subject Property as a burden and benefit, to satisfy the need for cross access. 4. Any buildings or structures constructed on any parcel of the Subject property must comply with the prevailing California Building Code. Y Statement of Covenants Cross Access and Multi Use Reciprocal Easements Parcel Map No. 2002-08 Page 4 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 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. Statement of Covenants Cross Access and Multi Use Reciprocal Easements Parcel Map No. 2002-08 Page 5 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. /// /// DATED: 2—Y7--0 5— , 2005 CITY OF FRESNO, COVENANTOR a Municipal Corporation CIAO PROPERTIES, LLC, A California Limited Liability Company By By: P ovino, Director Robert A. McCaffrey, President Planni V and Development Department Y• Brent M. Motaffr y, ident APPROVED AS TO FORM: HILDA CANTU-MONTOY City Attorney By ,: Deputy (Attach Notary Acknowledgments for Covenantor) STATE OF CALIFORNIA ) SS. COUNTY OF FRESNO ) On January 27, 2005,before me,the undersigned, a Notary Public for the State of California, personally appeared, Robert A. McCaffrey and Brent McCaffrey, 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 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity(ies)on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public L.S. My Commission pires• January , 007 MICHELE L. HOGAN Cornn*don N 1395535 Notay pubic -Cditomia Frw*County Coma ,Ipn t1.2W CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On February 23,2005, 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 0 Deputy February 23-,2005(10:27am)