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Home My WebLink AboutPM 2003-03 - Agreement/Covenant - 4/12/2005 When Recorded,Return To: City Clerk City Of Fresno 2600 Fresno Street 0 Fresno,CA 93721-3604LL 04/08/Z005,15850078045 Z 0 V W NO FEE—GOVERNMENT CODE 6103 W I � CITY OF FRESNO a Planning and Development Department P.W.File No.s f• a? NO BUILD COVENANT (Open Yard Fire Protection Agreement) PARCEL MAP NO. 2003-08 No Build Covenant Parcel Map 2003-08 Page 2 WHEREAS, the undersigned, hereinafter referred to and collectively called "Covenantor A", hereby represent and warrant that they are the record owners of certain real property located in the City of Fresno, County of Fresno, State of California, said parcel being known as APN Y,.N-/4&-3Fand more particularly described and depicted on Exhibit B attached hereto and incorporated by reference herein (together, the "Subject Property A"); and WHEREAS,the undersigned,hereinafter referred to and collectively called "Covenantor B", hereby represents and warrants it is the record owner of certain real property located in the City of Fresno, County of Fresno, State of California, said parcel being known as APN and more particularly described and depicted on Exhibit B attached hereto and incorporated by reference herein(together,the "Subject Property B"); and WHEREAS, Covenantor A desires to maintain a metal building on Subject Property A located at the east property line, and more particularly described and depicted on the Site Plan known as Exhibit B attached hereto and incorporated by reference herein; and WHEREAS, The exterior east wall of the proposed building on Subject property A does not meet the minimum type of construction requirements necessary for exterior wall protection as set forth in the 1998 California Building Code; and WHEREAS, Covenantor B, it's successors and assigns, agree and covenant to establish a thirteen (13) foot deep clear area adjacent and parallel to the proposed building on Subject Property A, hereinafter called a "Yard", as defined in the 1998 California Building Code and more particularly depicted as cross hatched (No Build Zone) on the Site Plan known as Exhibit B attached hereto and incorporated by reference herein; and WHEREAS, Covenantor A, their successors and assigns,agree and covenant to establish a seven(7) foot deep clear area adjacent to and paralleling the east property line of Subject Property A, hereinafter called a "Yard", as defined in the 1998 California Building Code and more particularly depicted as cross hatched on the Site Plan known as Exhibit B attached hereto and incorporated by reference herein; and No Build Covenant Parcel Map 2003-08 Page 3 With regard to Subject Property A and Subject Property B, Covenantor A and Covenantor B, and each of them, their successors and assigns, agree and covenant as follows: 1. No building, canopy or other permanent improvement may be installed or maintained within the "Yard", as depicted on the Site Plan known as Exhibit B and attached hereto and incorporated herein, except for curb, gutter,parking, sidewalks, landscaping, fencing,protective barriers and other such improvements as may be reviewed and allowed by the City of Fresno, Development Department. 2. The failure to comply with this covenant may result in the revocation of the Certificate of Occupancy by the City for the proposed building on Subject Property A, as well as actions to enforce said covenants in law or in equity by the City or any subsequent owner of said individual parcels. 3. This covenant shall "run with the land" and shall bind Covenantor respective heirs,the successors in interest and assigns to any portions of the Subject Property, and shall insure to the benefit of the City and the general public. 4. All plans for development or improvements of Subject Property A and Subject Property B shall be checked and approved by the Director of the Development Department of the City for compliance with the terms of this covenant. 5. Any violation of this covenant is hereby deemed a nuisance and a threat to the public health. In no event shall Covenantor B be liable to Covenantor A, it's successors or assigns for money damages or any relief other than specific performance as a result of any breach hereof by Covenantor B, and Covenantor A for itself it's successors and assigns hereby agree to defend, indemnify and hold Covenantor B harmless against the same. 6. Whenever the context hereof 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 an enforceable covenant running with Subject Properties owned by the Covenantor and severally binding upon the No Build Covenant Parcel Map 2003-08 Page 4 undersigned and each of their heirs, representatives, successors and assigns. 7. This covenant shall remain in full force and effect until such time that the Director of the Development Department of the City determines in writing that it's continued existence and enforcement is no longer necessary. DATED: 03-0°l ~ 2005 CITY OF FRESNO A Municipal Corporation COVENANTOR A AND B Donald V. Pickett as President of Don Pickett &Associates Inc. By: i P. Yovino, Director PI nning and Development By. D partment Donald V. Pickett, President /CAMONTOY ay RM: (Attach Notary Acknowledgment for Covenantor) CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On March 15, 2005, before me, Erika Leyva, Deputy City Clerk, personally appeared Nick P. Yovino,Director Planning and Development Department,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 CITY CLERK By ' Y Dep ty STATE OF California ) } SS. COUNTY OF Fresno ) On 03-09-05 before me, Donna K. Wills a Notary Public in and for said County and State personally appeared Donald V. Pickett 116 Personally known to me ❑ 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 t me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) in the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. lutA& 0MyC0M.EX0Mft1?,---' Dolaw� w woes p�.CaWornle aSignature of Notary 3M 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�Document Title or Type of Document: A i i Lb &V15MAMIT (DPEN Y,42> 619K J?20€L�l�Gk�•N� Document Date: P/"1 ��p3�O a Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder.Call Toll-Free 1-B00.876.6827 i NO BUILD COVENANT PARCEL MAP NO. 2003-08 EXHIBIT "A" Legal Description for Subject Property A: The East 7 feet of Parcel G of Parcel Map No. 2003-08, according to the Map thereof recorded in Book fy of Parcel Maps at Pages 9,2 e 9-3 Fresno county Records. Containing 634 square feet, more or less. Legal Description for Subject Property B: The West 13 feet of Parcel H of Parcel Map No. 2003-08, according to the Map thereof recorded in Book 6y of Parcel Maps at Pages r 7 3 , Fresno county Records. Containing 1,224 square feet,more or less. LAND No. 7607 k Exp. 12-31-2005 ql A� "EXHIBI T B" P.M. 2003-08 NO-BUILD COVENANT I W PARCEL I Z .- - -- - - - - - - �I ry I - - - . - - - . PARCEL H j \ SUBJECT PROPERTY B I N € 20' NON-BUILDABLE I EAST PROPERTY UNE OF COVENANT ('YARD') SUBJECT PROPERTY A EAST WALL OF THE ♦A "- �-' •--� PROPOSED BUILDING g q i I Y d W / > � a I a a U, m y W � 4. V I j � I I I I PREPARED BY SCALE 1'=50' jjW7.N5N,%1mB1uffs, Don Pickett&Associates, Inc. Sulte 101FieS�CA93711-5739N)431-3535 Lx M.N1612 ® NO BUILD ZONE