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Home My WebLink AboutPM 2002-13 - Agreement/Covenant - 11/17/2005 (2) t f��,,t� ' + _ I III I II IIII III I IIII I ILII I II IIII III III I III II II III y Fresno County Recorder City Clerk, Fresno, California William C. Greenwood No Fee-Govt. Code 6103 DDC— 2002-01707165 Return to City Clerk, Fresno Acct 1-Financial Title Company (C) Monday, SEP 30, 2002 08:00:00 FRE $0.00 Ttl Pd $0.00 Nbr-0000913544 A 'n'VpACF.,';»C jz9/R5/1-7 Parcel Map No. 2002-13 CITY of FRESNO APN 438-020-05 Planning & Development Department Building & Safety Services Division STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGMENT OF COVENANT AND EASEMENT (For Cross-Access and Surface Drainage) RECITALS Whereas, The Zone Sports Center, L.L.C., 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 thro ugh arcel Map No. 02-13 recorded in Book b , of Parcel Maps, Pages Fresno County Records, Fresno County.; and WHEREAS, the. undersigned has or intends to construct on said Subject Property, buildings, and driveways in such a manner that vehicles using parts of Parcels A,_B, C, D, E, G, H, I, and J, will be compelled to use portions of Parcel "F" for ingress and egress;and, WHEREAS, the surface drainage from the on-site improvements for Parcels A, B, C, D, E, G, H, 1, and J, will drain across portions of Parcel "F" to satisfy the requirements of the Fresno Municipal'Code; and, 4 Statement of Covenants Affecting Land Development Parcel Map No. 02-13 Page 2 WHEREAS, the City of Fresno requires that there be provided and maintained in connection with each of said Parcels, adequate parking, driving areas and drainage system sufficient to satisfy the requirements of the Fresno Municipal Code. WHEREAS,the Coventantors 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 instrument of Subordination,if any, are attached hereto and made part of this instrument; and, NOW, THEREFORE, as required by said Fresno Municipal Code, and the City of Fresno, and in consideration of the foregoing, and the issuance by said City 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: WHEREFORE, COVENANTOR HEREBY COVENANTS AS FOLLOWS: 1. The Subject Property will be developed and occupied subject to providing adequate drainage and vehicular access as provided in the 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. 02-13 Page 3 F 2. Coventantors shall use said land in such a manner that will not impair adequate drainage and vehicular access from or across the boundary lines of the individual Parcels of the Subject Property. 3. At such time Covenantors sell or transfer any Parcel over which vehicular access or drainage is required for use by,any of the remainder of the Subject Property,the Covenantor shall reserve and except from the deed to the purchaser of the Parcel sold or transferred, an easement of ingress, egress and drainage over and across said lot/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 are deemed to"run with the land"and shall inure to the successors in interest to any portion or portions of the Subject Property. Statement of Covenants Affecting Land Development Parcel Map No. 02-13 Page 4 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 forcompliance 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. B. 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: NSEP. 13. 2002 4:07PM N0. 416 P. 6/19 �aP Statement of Covenants Affecting Land Development Parcel Map No.02-13 Page 5 DATED: 2002 QTY OF FRESNO, COVENANTOR a Municipal Corporation The Zone Sports Center L.L.C., a California Limited Liability Company By N P. Yovino,Director y ^ �Iopment Department Milton Barbis (Attach Notary Acknowledgments) APPROVED AS TO FORM: I-IILDA MONT City Att r� Subdividers Mailing Address: _The Zone Sports Center By 20371N.Bullard Avenue, Ste. 186 y esno, CA 93711 Deputy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California y^ ( County of U (J ss. On "I�1 before me, Date Prarne and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared r f A Names)of Signer(s) ❑ personally known to me droved to me on the basis of satisfactory 0idence REgEC-AM.MOMNO Notary Public - s536eo = to be the person(&)- whose namek4 isAafe- Notary Public-California � Fraano Couney subscribed to the within instrument and MV Comm. 6,20M FONSApr2acknowledged to me that he/she/they executed the same in hisfherAheilx authorized capacity(4@&),_ and that by his/hogtheix- signature(s).on the instrument the persor4&),or the entity upon behalf of which the persor44 acted, executed the instrument. WITNESS my hand /and official seeaal.� a n� Place Notary Seat Above nature 01 Notary Public OPTIONAL ( Though the information below is not required by law,it 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 c m nt ) Title or Type of Document: 'eld'cument ate: Number of Pages: 61 21 Signer(s) Other Than Named Above: f Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: f Signer Is Representing: 0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1.800-876.6827 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On September 19,2002 , before me, Elvia Sommerville, Deputy City Clerk, personally appeared,Nick P. Yovino, Development Department 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. KEI3ECCA E. KL11=CH City Clerk By — Deputy