The URL can be used to link to this page

Home My WebLink AboutPM 2004-25 - Agreement/Covenant - 11/10/2005 (2) e WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 11/08/2005,2005.0264700 NO FEE-Government Code 6103 CITY OF FRESNO Planning and Development Department 1s. C3 Lt! Lu STATEMENT OF COVENANTS FOR CROSS ACCESS AND SURFACE DRAINAGE EASEMENTS FOR PARCEL MAP NO. 2004-25 R (�Y ABOVE SPACE FOR RECORDER'S USE Parcel Map No. 2004-25 COVENANT (For Cross Access and Surface Drainage Easements) WHEREAS, the undersigned of the J. Richter, as Trustee of the Richter Farms Trust dated November 1, 1983, hereby represents and warrants that it is the record owner of the following described real property situated in the City of Fresno, County of Fresno, State of California: Parcel A,B, C,D and E of Parcel Map No.2004-25 as shown in Parcel Maps Book (�� at Page Fresno County Records and WHEREAS, said property currently consists of five(5) Lots/Parcels, each of which may be sold; and WHEREAS, the undersigned has or intends to construct on said property , buildings, panting spaces, and driveways in such a manner that vehicles using parts of the subject Lots/Parcels for ingress and egress to the property; and WHEREAS, the City of Fresno has required as a condition of approval of Parcel Map No. 2004-25 that there be provided and maintained in connection with each of said lots (if and when they are sold and enter into separate ownership) adequate parking and driving areas sufficient to satisfy the requirements of Section 12-306-I of the Fresno Municipal Code; and . , WHEREAS,the surface drainage from the on-site improvements for Parcel A and B will drain across portions of each parcel to the catch basins located on Parcel A. i r NOW THEREFORE, as required by said 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, promise, and agree with the City, for the benefit of said City, its public property, and the above property, as follows: 1. At such time that the undersigned shall sell or transfer Parcel A and B should the use of the parcel sold require vehicular access over any of the remainder of said property (Parcel A and B),then the undersigned shall execute and deliver to the purchaser of the parcel sold an easement of said ingress and egress over the undersigned's remaining property, said easement to be sufficient to meet the then present requirements of Section 12-3064, 13-120.7012 and 9404 the Fresno Municipal Code and the "Parking Space Standards: of the City of Fresno, originally adopted by Planning Commission Resolution No. 4815,January, 1969. 2. At such time that the undersigned shall sell or transfer Parcel A and B should the use of the parcel sold require drainage over any of the remainder of said property (Parcel A and B), then the undersigned shall execute and deliver to the purchaser of the parcel sold an easement of said drainage over the undersigned's remainder property, said easement to be sufficient to meet the then present requirements of Section 12- 306-I, 13-120.7012 and 9404 the Fresno Municipal Code and the "Parking Space Standards: of the City of Fresno, originally adopted by Planning Commission Resolution No. 4815,January, 1969. 3. At such time that the undersigned shall sell or transfer any of the subject Lots/Parcels should the use of the remainder of said property require vehicular access over any portion of the parcel sold, then the undersigned shall reserve and except from the deed to the purchaser of the sold parcel,and easement of ingress and egress over said parcel for the benefit of the undersigned's remaining.property (Parcel A and B) said easement to be sufficient to the then present requirements of the Fresno Municipal Code. 4. At such time that the undersigned shall sell or transfer any of the subject Lots/Parcels should the use of the remainder of said property require drainage over any portion of the parcel sold, then the undersigned shall reserve and except from the deed to the purchaser of the sold parcel, an easement of drainage over said parcel for the benefit of the undersigned's remaining property (Parcel A and B) said easement to be sufficient to the then present requirements of the Fresno Municipal Code. 5. Said easements shall be in conformance with the configuration shown on the Parcel Map No. 2004-25 and subject to the approval of and shall be inspected by the Director of the Development Department or his designated staff of the City of Fresno prior to its delivery or recordation. 6. The failure to provide said easements on the sale of any portion of the above said property may result in the revocation of the Certificate of Occupancy for use of any of the property or lots involved with the vehicular access, in addition to other prescribed penalties and remedies. 7. Whenever the contest hereof requires, the neuter shall include the masculine or feminine, or both, and the singular shall include the plural. It is intention hereof that this shall constitute a covenant running with the above described property owned by the undersigned,jointly and severally binding upon the undersigned and each of its heirs,representative, successors and assigns. 8. This covenant shall not be amended or terminated without written approval of the City of Fresno. The failure to secure written approval of any amendments or y n: termination of the City of Fresno may result in the revocation of the certificate of occupancy for the use of any of the property or.lots involved. Dated: This e day if , 2005. J.RIC R,AS TRUSTEE OF THE RICHTER FARMS TRUST Dated vember 1, 1983 J. Ri hter 04118.cove •'l a u 5.. State of CA / RIGHT THUMBPRINT(Optional) County of m On T,.,, _3o aaos before me, 00E) 1NAMEMTLE OF OFFI i.e JANE DOE,NOTARY PUBLIC-) i personally appeared T_:R."/' teg INAME(S)OF SIGNER(SII CAPACITY CLAIMED BY SIGNER(S) OINDIVIDUAL(S) OCORPORATE OFFICER(S) 21 'personally known to me -OR- El roved to me on the (tlTUs basis of satisfactory OPARTNER(S) ❑LIMITED evidence to be the OGENERAL personWf whose nameW ❑ATTORNEY IN FACT Is/anasubscribed to the OTRuSTEE(S) within instrument and OGUARDIAN/CONSERVATOR acknowledged to me that OOTHER: be/she/they executed the same In hig/her/thetr authorized capacity(iesi, SIGNER IS REPRESENTING: and that by f.-/her/their (Name of Person(s)or Entity(ies) signature(,sl on the instrument the person(6), or the entity upon behalf of which the person(s) acted, executed the instrument. RIGHT THUMBPRINT(Optional) L.B,RAPPAPORT OOCOMM.#1325669 Witness my hand and official seal.NOTARY PUBLIC-CALIFORNIAORANGE COUNTY COMM.EXP.OCT.17,2005'' 0 (SEAL) OR (SIGN R OF NOTARY) CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUAL(S) ❑CORPORATE ATTENTION NOTARY OFFICER(S) I The information requested below and in the column to the right is OPTIONAL. 1T7us) Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any OPARTNER(S) ❑LIMITED unauthorized document. OGENERAL OATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document OTRUSTEE(S) MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document OOTHER: DESCRIBED AT RIGHT: Signer(s)Other Than Named Above SIGNER IS REPRESENTING: (Name of Persons)or Entity(is) k WOLCOTTS FORM 83240 Rev.3-94(price elm 8.2A) 1994 WOLCOTTS FORMS,INC. . ALL'PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATIONRWO FINGERPRINTS fw � •• I��I��IIII II I III�I�I I) �� ' 7 X47775 F,77/.n Q