The URL can be used to link to this page

Home My WebLink AboutPM 2003-14 - Agreement/Covenant - 8/23/2006 (2) When Recorded Mail To: City Clerk City Of Fresno 08/23/2006,20060176236 2600 Fresno Street tm Fresno,CA 93721-3604 w ME >- Of a- CD p U NO FEE-GOVERNMENT CODE 6103 O U 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 TO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR PRIVATE SANITARY SEWER SYSTEM FOR PARCEL MAP NO. 2003-14. Statement of Covenants/Easements and reciprocal uses for Private Sanitary Sewer System Parcel Map No. 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, B, C, D, J, K, L, M,N, O, P, Q, R, S, T,U,V, W, Y, Z, AA and BB, inclusive, of Parcel Map No. 2��003-14 according to the map thereof recorded in book 1 of Parcel Maps, Page(s) 6,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 in such a manner that the sanitary sewer drainage from the on-site improvements for subject property will drain into the private sanitary sewer system within and across a piece of property more particularly described as follows; Portions of Parcels A, B, C, D, J, K, L, M,N, O, P, Q, R, S, T, U,V, W and X, inclusive of Parcel Map No. 2003-14; BEGINNING 17.00 feet North and 10.00 feet East of the Southeast corner of said Parcel A; thence South 89°57'43" West, a distance of 418.93 feet; thence Statement of Covenants/Easements and reciprocal uses for Private Sanitary Sewer System Parcel Map No. 2003-14 Page 3 South 78°38'40" West, a distance of 86.62 feet; thence South 89°57'43" West, a distance of 387.97 feet; thence North 11°45'39" West, a distance of 299.61 feet to a point on the west line of said Parcel F; thence North 00°12'38" West, along the West line of said Parcels R, S and T a distance of 205.52 feet; thence North 89°47'22" East, a distance of 15.00 feet; thence South 00°12'38" East a distance of 204.00 feet; thence South 11°45'39" East, a distance of 285.89 feet; thence North 89°57'43" East, a distance of 374.28 feet; thence North 78°38'40"East, a distance of 86.62 feet; thence North 89°57'43" East, a distance of 299.61 feet; thence North 00'02'17" West, a distance of 295.41 feet; thence North 89°57'43"East, a distance of 15.00 feet;thence South 00'02'17" East, a distance of 295.41 feet; thence North 89°57'43" East, a distance of 105.78 feet; thence South 00°09'28"East, a distance of 15.00 feet to the POINT OF BEGINNING("Basement I"). Together with, the 17.50 feet of the Easterly 47.00 feet of said Parcel U,the Southerly 17.50 feet of said Parcels V and W and the Southerly 17.50 feet of the Westerly 100.69 feet of said Parcel X ("Easement II") (the "Sewer Easement,") to satisfy the requirements of the Fresno Municipal Code; and VVHEREAS,the City of Fresno (the "City") requires that there be provided and maintained in connection with each of the an adequate private sanitary sewer system sufficient to satisfy the requirements of the Fresno Municipal Code; and WHEREAS,the City requires that there be provided and maintained in connection with each of the Parcels easements for private sanitary sewer service connections to satisfy the requirements of the Fresno Municipal Code. Statement of Covenants/Easements and reciprocal uses for Private Sanitary Sewer System Parcel Map No. 2003-14 Page 4 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 adequate private sanitary sewer systems and connection services as provided in the Fresno Municipal Code as determined and approved in writing by the Director of the Development Department of the City. 2. Each Parcel within the sewer Easements shall be used only in such manner as to enable cross-lot utility access and maintenance, between the said parcels as approved under a site plan by the City and regardless of whether the parcels are owned by the same or different persons. 3. Covenantor shall use the Subject Property in such a manner that will not limit or impair adequate sanitary sewer systems and connection systems from Statement of Covenants/Easements and reciprocal uses for Private Sanitary Sewer System Parcel Map No. 2003-14 Page 5 extending across the mutual boundary lines of the individual parcels of the Subject Property as the same is approved by the City under a Site plan. 4. Covanantor, and each of them, hereby grant to, and accept from each other owners of the parcels within Easement I and likewise within Easement II, reciprocal easements for private sanitary sewer systems over,under,through and across each of the parcels as shown on the attached "Exhibit A". No owner shall allow the interference with the installation, development and use of the common private sanitary sewer systems herein described. The reciprocal easements shall include all rights of access to enter upon the affected parcels for inspection, maintenance and repair of the private sanitary sewer lines. 5. At such time Covenantor sells or transfers any Parcel within which the sanitary sewer system is required for use by any of the remainder of the Subject Property, the Covenantor shall reserve and exempt from the deed to the purchaser of the parcel sold or transferred, an easement for sanitary sewer system. 6. The failure to comply with the 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 Covenant in law or in equity by the City of any owner of said individual parcel or parcels. 7. 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 Statement of Covenants/Easements and reciprocal uses for Private Sanitary Sewer System Parcel Map No. 2003-14 Page 6 by any legal or equitable means against the Covenantor and such person or persons in actual possession of Subject Property who directly or who through any agent violate the terms hereof. 8. At such time as any lot or portion(s) of the lot is sold, or title transferred and the transferee's rights may ripen into a fee,the transferor shall reserve or effectuate the creation of the easements envisioned in this statement. 9. The conditions of the Statement of Covenants may not be amended or otherwise altered without the express written approval of the City of Fresno pursuant to the Fresno Municipal Code. Statement of Covenants/Easements and reciprocal uses for Private Sanitary Sewer System Parcel Map No. 2003-14 Page 7 DATED: , 2006 CITY OF FRESNO A Municipal Corporation COVENANTORS Don Pickett &Associates, Inc. A California Corporation. Y Y kjk . Yovino, Director Donald V. ickett, President Pla ng and Development Dep ment APPROVED AS TO FORM: James C. rA San z me D u (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 (of/�r,6�/SEI/t� /cl(i�E�(�Ify�,6f�y�t'igfr/r�� Qf@fy� to be the person(X) whose name(sX is/*V subscribed to the within instrument and acknowledged to me that he/jWtfijVexecuted the same in his/hVr/Wir authorized capacity()e,6), and that by hislVQ(h(I/Q(r signature(56 on the instrument the person(,), or the entity upon behalf of which the personfs) acted, executed the instrument. WITNESS m hand and official seal. C. ZUNIGA COMM. #11465582 -� (SignatUr of Not P IIC) fes. NOTARY PUBLIC-CAUFORNW FRESNO COUNTY ,my Camra.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 'S Q — 0 By jCv� Deputy n rn wings urrent\-MAHLL MCKINLLY INUUSikiAL rAKK\Lngineering-LIWL3\mmip-priVaCeSeWercovenanx.clwg L5 ti I ' C L7 rn Ir -n91 I cn 43.41' � c�oCO ZzzNo o t '-44 �, z o � wm co o oo Co ITt rn � a► -1 � � � v5 c,i a5 W N W W ?t w N C% IO W Fn � G� mmm * * fig : Z ----- -----------�/ —_-�-"-----_�__—_----� N N N N W j Z ,C�). ? � UOi to OVD 00 C1T co p N V N 1 O � rncnF� WN -- CD -- . -(� -a -----�-------- I I I o m NODo z m ' I' ' ' dc�itdcoipS � coiS '=V Ery Vii `+ I N � NG, Jw � W ZITI Cc W i a s • a s m mmrn .*m � mmm ----------- ---- CA m ' a -4 � P CO CL cl N CO m rn i m I--------- --------i I m I 4 Fn N IrI� joA N m ni` r -—--—--—--—-- ------------ n m Co 0 M Co I1 mca M0 P �o � � _ (asI < w ---- L----- L12 -- -- �- — 1-- --------� --------� r - -- T m m a, I CA I I i i i� -� i i 3z F' .4850 F' � m -i I I I I w l I za --i m NORTH SIERRA V I STAB AVENUE '