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Home My WebLink AboutPM 2002-26 - Agreement/Covenant - 8/11/2006 (2) When Recorded A4ail To City Clerk City Of Fresno 2600 Fresno Street Ln Fresno, CA 93721-3604 M � 1012012004,20040236320 Qo Z NO FEE-GOVERNMENT CODE 6103 0 C> C[TY OF FRESNO SPACEABOVE TORRECORDER'S USE Planning and Development Department + P.W.File No.Sof 9 y•02Z4 !' I STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR RECIPROCAL EASEMENTS AND DISCHARGE OF SURFACE STORM WATER FOR PARCEL MAP NO. 2002-26 t Statement of Covenants/Reciprocal Easements Parcel Map 2002-26 Page 2 WHEREAS, P & T Investments, LLC., a California Limited Liability Company referred to as the "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 and by this reference made a part of this statement of Covenants: Parcels A through M, inclusive, of Parcel Map No, 2002-26 according to the map thereof recorded in book hof Parcel Maps, Page (s)105, Fresno County Records, per Exhibit `A' attached hereto and made a part hereof. WHEREAS, the 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 WHEREAS, all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and WHEREAS, the undersigned have or intend to construct on said Subject Property, buildings, driveways and landscape in such a manner that the discharge of surface storm water over the following respective Parcels with certain restrictions on their use: Parcels A through M, inclusive, of Parcel Map 2002-26, City and County of Fresno. WHEREAS, the City of Fresno (the"City") requires that there be provided and maintained in connection with each of the Parcels multi-use easements for access and maintenance sufficient to satisfy the requirements of the Fresno Municipal Code; and s Statement of Covenants/Reciprocal Easements Parcel Map 2002-26 Page 3 WHEREAS, the City requires that there be provided and maintained in connection with each of the Parcels easements for discharge of Surface storm water over the respective Parcels to satisfy the requirements of the Fresno Municipal Code; and NOW THEREFORE, as required by said Fresno Municipal Code and the City of Fresno, and in consideration of the foregoing, and as a condition of the issuance by the City of the necessary special and/or building permits and certificates in connection with said use, and as a condition of approval of the Covenantor's application for approval of Parcel Map No. 2002-26 for the Subject Property, the Covenantors hereby covenant 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. a COVENANTS, CONDITIONS,AND RESTRICTIONS 1. The subject Property shall be developed and occupied subject to providing multi-use easements for access, maintenance, and the discharge of surface storm water as provided in the Fresno Municipal Code as determined and approved in writing by the Director of the Planning and Development Department of the City. 2. Easements. Covenantor hereby creates nonexclusive reciprocal easements for the discharge of surface storm water over the respective Parcels with certain restrictions on their use: Parcels A through M, inclusive, of Parcel Map 2002-26, City and County of Fresno. Statement of Covenants/Reciprocal Easements Parcel Map 2002-26 Page 4 3. Unimpeded Access. Each of the joined and contiguous Parcels and the Covenantors thereto hereby grant to each other a nonexclusive easement for the discharge of surface storm water for reasonable drainage purposes as shown on Parcel Map 2002-26 Exhibit A attached hereto and made a part hereof. The Covenantors grant to each other and to their respective successors and assigns, for the benefit of each of their respective tenants, subtenants, employees, concessionaires, licensees, customers, and business invitees of either of them, mutual reciprocal, irrevocable and non-exclusive discharge of surface storm water easement rights referred to in this section which shall continue for so long as each such Easement is utilized for the purposes described herein. 4. Maintenance of Easement Area. Each of the Covenantors shall maintain their area and all of the improvements of the area located within their Parcel Easement area, and keep them in good condition,repair, clean, and free of rubbish and other hazards. 5. The failure to comply with the covenant may result in the revocation of the Certificate of Occupancy by the City for use of any of the said Parcels involved, as well as actions to enforce said Covenant in law or in equity by the City or any owner of said individual Parcel or Parcels. 6. The conditions of the Statement are intended to benefit the public and public Properties. The City of Fresno shall have the right to enforce this Statement by any legal or equitable means against the Covenantors and such person or persons in actual possession of Subject Properties who directly or who through any agent violate the terms hereof. 7. The conditions of the Statement 6f Covenants may not be amended or Statement of Covenants/Reciprocal Easements Parcel Map 2002-26 Page 5 otherwise altered without express written approval of the City of Fresno, pursuant to the Fresno Municipal Code. S. At such time as any lot or portion(s) of the lot is sold, or title transferred and the transferee's rights may be ripen into a fee, the transferor shall reserve or effectuate the creation of the easements envisioned in this statement. 9. 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 gender, the singular includes the plural, and the plural includes the singular. 10. The reciprocal easements created herein shall run with the land and bind and inure to the benefit of Covenantor's respective heirs, administrators, successors, and assigns. DATED: x/012-04 2004 CITY OF FRESNO A Municipal Corporation COVENANTORS P & T Investments, LLC., a California Limited Liability Company. By: Nic p. Yovino, Director PI ing and Development Department Rona . Toama' , Ma6ager By: Donald . Pickett, Manager APPROVED AS TO FORM: HILDA CANTO MONTOY City Aft ney By Deputy ATTEST: (Attach Notary Acknowledgment for Covenantor) REBECCA E. KLISCH, CMC CITY C R! 77 Deputy 1 Date '�C,�� , rr CHI p I T A rr P.M. 2002-26 GROSS PARCEL MULTI-USE EASEMENT FOR DRAINAGE ! =Zjl I �YZI I I 2JQ I I -- -- -- -- -- --.� L— -- ----- --------------------------------- —._ .—L.-- -- — EAST CLINTON AVENUE -- -- -- 7-- -- -- -- t -.--.--. ------. -.--.--Uj TVP. ' 18' TYP.18' TYP.PARCEL AARCELB 1 Q 1 PARCEL K PARCELL PARCEL M I YR 8' TYP. 5' j j 18 TYP. 18' 8'TYP. I I 1 5' TYP. 5' TYP. I I °u I i 18TYR 18' TYP. 1 1 18' TYP. I I I PARCEL C 1 1 PARCEL J I I 18' TYP. 1 18'TYP. j J a j 18' TYP. 1 1 18' TYP. 1 O 1 1 1 j Q. j PARCEL D 1 1 PARCEL I I O 1 18' TYR Z 18' TYP. I j 6 Y QI I j 18' TYP. i Q � 18' TYP. I �i I I j PARCEL E PARCEL H I I 18' TYP. I 2 j 18' TYP. 1 8 118' TTP. 18' TYP. j I I I j 18' TYP. I j I PARCEL F 18' TYP. PARCEL G I I I I I I I I I 1 I I 1 I I I i I I I i.—---------------------------—.t--.--.--.--.--.--.--.--.--.--.-- I I I PREPARED ft Don Pickett&Associafos, Inc. jJW7395 N.Palm Bluffs, Suite 101 Fresno CA 93711-5739 -3535Lic.No.541612 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT File No: 05103046 (TD) STATE OF California )SS APN No: 481-130-28S-9 COUNTY OF FRESNO ) On 05/11/04 before me, C.JOY personally appeared DONALD V. PICKETT AND RONALD E.TOOMAIIAN 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 the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hard and officia seal. C.�- � COMM.41393936 NOTARY PUBLIC-CALIFORNIA Signature _ i / F' FPESNO COUNTY FOat My Comm.Expires Jan.16,2007 a Vw -� N .. This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below,doing so may prove invaluable to persons relying on the documents. ❑X INDIVIDUAL [7 CORPORATE OFFICER(S) TITLE(S) [7 PARTNER(S) ❑ LIMITED ❑ GENERAL [7 ATTORNEY-IN-FACT [7 TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES 7 DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE - NICK P. YOVINO,HILDA CANTU MONTOY,REBECCA E. KLISCH Reproduced by First American Title Insurance 1/2001