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HomeMy WebLinkAboutPM 2003-14 - Agreement/Covenant - 8/23/2006 I ' When Recorded Mail To: City Clerk 0812317006.70060176741 City Of Fresno 2600 Fresno Street W Fresno,CA 93721-3604 O p 4' U Z p NO FEE-GOVERNMENT CODE 6103 U I CITY OF FRESNO SPACE ABOVE FOR RECORDER'S USE Planning and Development Department P.W.File No.5494-2003-14 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR RECIPROCAL EASEMENTS AND DISCHARGE OF SURFACE STORM WATER FOR PARCEL MAP NO. 2003-14 Statement of Covenants/Reciprocal Easements Parcel Map 2003-14 Page 2 WHEREAS, Don Pickett& Associates,Inc., a California Corporation 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 Z,inclusive, AA and BB,of Parcel Map No,2003-14 d according to the map thereof recorded in book of Parcel Maps, Page (s) �D 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 Z, inclusive AA and BB, of Parcel Map 2003-14, City of Fresno 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 Statement of Covenants/Reciprocal Easements Parcel Map 2003-14 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. 2003-14 for the Subject Property,the Covenantor 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. 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 Z, inclusive AA and BB, of Parcel Map 2003-14, City and County of Fresno. Statement of Covenants/Reciprocal Easements Parcel Map 2003-14 Page 4 3. Unimpeded Access. Each of the joined and contiguous Parcels and the Covenantor 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 2003-14 Exhibits A and B attached hereto and made a part hereof. The Covenantor 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 Covenantor 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 Covenantor 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 of Covenants may not be amended or Statement of Covenants/Reciprocal Easements Parcel Map 2003-14 Page 5 otherwise altered without express written approval of the City of Fresno, pursuant to the Fresno Municipal Code. 8. 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: PL`' 2006 CITY OF FRESNO A Municipal Corporation COVENANTORS Don Pickett & Associates, Inc. A California C poration. By: cYovino, Director Pla ng and Development By: 06 Department Donald V. ickett, President APPROVED AS TO FORM: James C. Sanchez Z Attorne Cit (Attach Notary Acknowledgment for Covenantor) STATE OF California COUNTY OF Fresno On July 6, 2006 before me, C. Zuniga, Notary Public (Name of Notary Public) personally appeared Donald V. Pickett personally known to me (o�/�r,6�/gEl/t�6,h /cl(i�E�(�Ifa�j€,6� ¢��fgfq(r�,rsgl�fj� to be the person(X) whose name(l is/**subscribed to the within instrument and acknowledged to me that he/jWt�jy'executed the same in his/hVrMVir authorized capacityVe, ), and that by his/VQ(/�VQ(r signature(s6 on the instrument the person(A), or the entity upon behalf of which the personfs) acted, executed the instrument. WITNESS my hand and official seal. C. ZUNIGA -� COMM. #1465582 -� NOTARY PUBLIC-CAUFORNIA ~@My FRESNO COUNTY .- (Sign ure of N a Public) Comm.Expires Jan.27,2008 (This area for notarial seal) (notary)(07-02) CLERK'S CERTIFICATION State of California) County of Fresno) On August 10. 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Nick P. Yovino. Planning and Development Director, 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 be 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 hand and official seal. REBECCA E. KLISCH CITY CLERK, CMC a By Deputy "EXHIBIT A " P.M. 2003-14 CROSS PARCEL MULTI-USE EASEMENT FOR DRAINAGE — — — —EAST CARMEN AVENUE i i MY i I o 0 0 18"TYP. 01 181TYP. 18,TYR 18,TYR ' 18,TYR 18,TYR 18"TYP.j Q i 55' ` rl,2,.TTYYP,� 12'TYP.J12'TYP. ca 18"TYP. I18"TYR J 18"TYR 7' . 7' 18,TYR L_—_—_—_—_—_—_—_ East Home Avenue — — — a 0 18,TYR 18"TYR f8"TYR © cm EKI 0 18"TYP. 18"TYP. 18"TYR 18"TYR 18"TYR 18"TYR 18"TYP. 18"TYP. 18"TYP. PREPARED BY' Aw Don Pickett&Associates, Inc. 7395N.Pa/m Bulls,Suite Wf Fiesno,CA 937»-5739 (559)431~9635[X.No.541612 "EXHIBIT B" P.M. 2003-14 CROSS PARCEL MULTI-USE EASEMENT FOR DRAINAGE - - EAST CARMEN AVENUE OF I I FX--1 I aFTI dl 18"TYP. 18"TYP. 18"TYP. 55' Q 18"TYR J 12'TYP. 35 O I 0 Z 18'TYP. 18'TYP. Q 0 �I 18"TYR J QI 2 I 18"TYR J y 18"TYP. 18' IF—QlED I 18"TYP. �Q rq East Home Avenue) 18'TYP. 18"TYR J H i 0 18'TYP.J © �I 18"TYP. 18'TYR Q 18"TYP. Z 18'TYR-/ 18"TYP. I 18'TYP. © FK--1 © 18'TYP. i 18,TYP. 18'TYR— 18"TYP. 18"TYP. 18"TYR 18"TYP. 18"TYP. 18"TYP. I 0 I 18"TYP. PREPARED BY' Don Piclreft&Associates, Inc. 7395N,Palm Slu8s,Suite>O>Fiesno,CA 937»-5739 (559)433-3535Lic.No,54fV2