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Home My WebLink AboutPM 2004-29 - Agreement/Covenant - 12/28/2005 3 ' WHEN RECORDED MAIL TO: 11/18/1005110050301179 City Clerk City of Fresno 2600 Fresno Street .Fresno, CA 93721-3603 NO FEE—Government Code 6103 LLJ OC p,r Q CITY OF FRESNO Z U Planning and Development Department O U STATEMENT OF COVENANTS RESTRICTING DEVELOPMENT OF NONCONFORMING LOTS ts: „� . STATEMENT OF COVENANTS { RESTRICTING DEVELOPMENT OF NONCONFORMING LOTS December 14, 2005 A. Page 1 of 4 RECITALS WHEREAS, Patrick V. Ricchuiti , hereinafter referred to as the "Covenantor," is the owner of the real property in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described as: Parcels A through C, inclusive of Parcel Map No. 2004-29 according to the map thereof recorded in Book _ �o of Parcel Maps at Page(s) 6,3 t 6 3� , Fresno County Records; and, 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 that all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and, WHEREAS, on April 8, 2005, the Covenantor's application for Vesting Tentative Parcel Map No. 2004-29. to subdivide the Subject Property into four parcels which conformed to the general and specific plans, was approved; and, WHEREAS, on September 2, 2004, the Covenantor applied to the City of Fresno ("City") for a Vesting Tentative Parcel Map No. 2004-29 to divide the Subject Property into four parcels; and, WHEREAS, approval of Vesting Tentative Parcel Map No. 2004-29 will create three parcels that, if developed, do not conform to the planned land use designations of medium density residential in the general and community plans; and, WHEREAS, the Subdivision Map Act in Sections 66473.5 and 66474 require that approval of a tentative parcel map shall be denied if it is inconsistent with the applicable general and specific plan; and, STATEMENT OF COVENANTS RESTRICTING DEVELOPMENT OF NONCONFORMING LOTS December 14, 2005 Page 2 of 4 ,�. o WHEREAS, it has been recognized in California case law (see Ayres v. City Council of Los Angeles, 34 Cal. 2d (1949)) that inherent in the power to disapprove a map is the power to approve with conditions, so long as such conditions are reasonable consequences of the local governmental body's factual findings; and, WHEREAS, the City finds it necessary to condition approval of Vesting Tentative Parcel Map No. 2004-29 to ensure that the Subject Property is not developed out of compliance with .general or specific plans. COVENANTS,.CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantor's application for Vesting Tentative Parcel Map No. 2004-29, the Covenantor hereby covenants.that all of the proposed lots 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. Each of the covenants, conditions, and restrictions contained in this Statement will run with the Subject Property and shall be binding on each successive owner of the Subject Property and his heirs, administrators, successors, and assigns. 1. Covenantor hereby covenants as follows: That Parcels A, B, and C shall not be developed until Parcels A, B, and C have been made conforming to all applicable Zoning and/or Building Ordinance and/or General, Community., or Specific Plan requirements prior to the time the first entitlement, grant or k approval is issued by the City for the development of the lot. Such entitlement, grant or .approval, shall include, by not be limited to, a building permit, a grading permit, a demolition permit, a conditional use permit, a site plan, or a variance. s STATEMENT OF COVENANTS RESTRICTING DEVELOPMENT OF NONCONFORMING LOTS • December 14, 2005 Page 3 of 4 2. The conditions of this Statement are intended to benefit the public and public properties. Accordingly, 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 Parcels A, B, and C who directly or who through any agent violate terms hereof. All obligation of the Covenantor under this Statement.shall inure solely to the benefit of the City of Fresno. There are no third party beneficiaries of such obligations nor shall the right of the City of Fresno be transferable in any manner to any person -> -- other-,than.-to--a successor municipal corporation whose geographic.boundaries include Parcels A, B, and C. In addition to any other remedy provided in law or at equity, the City may enter upon Parcels A, B, and C and remove any structures or improvements erected, installed, or maintained in violation of the terms of this Covenant and the City may recover all of its actual and administrative costs or removal through any legal.or equitable means, including the imposition of a lien on the Subject Property. The City may recover reasonable attorney fees in any administrative, judicial or special proceeding to enforce this Covenant. 3. The foregoing conditions and obligations shall remain. in full force and effect until such time as the Planning and Development Director issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 4. 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 unenforceability of any other provision hereof. Whenever the context so requires, any gender includes the other genders, the singular A, includes the plural, and the plural includes the singular. 6, �• - - - STATEMENT OF COVENANTS RESTRICTING DEVELOPMENT OF NONCONFORMING LOTS December 14, 2005 Page 4 of 4 DATED: k CITY OF FRESNO COVENANTORS a Municipal Corporation Patrick V. Ricchiuti, Trustee, The, Patrick Vincent Ricchiuti Family Trust (a revocable living trust) under Declaration of Living Trust dated May 17, 1985 By: By: �t Nick . Yovino, Director,._.. Plan mg and Development Department APPROVED S TO FORM: By: HILDA CANTO-MONTOY City Attorney (Attach Notary Acknowledgment) Ts STATE OF CALIFORNIA ) • ''1 ) ss. COUNTY OF FRESNO ) fih On December 16, 2005, before me, ISABEL F. TREJO, a Notary Public in and for said County and State, personally appeared PATRICK V. RICCHIUTI, personally known to me (or ,proved to me on the basis of satisfactory evidence) to be.the personH whose name(-s•) isJ•ar-G subscribed to the within instrument and acknowledged to me that he44wAhey executed the same in hisAwrhfreir authorized capacity, and that by hisAwt/+heir; signature{) on the instrument the person(-s-), or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. to C' ISABEL F.TREJO commission#1435136 NcAary Public.in and said County •"s Notary Public-California Fresno County and State my comm.Expires Aug 15,2007 i { i i j I r` e�^ II CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On December.21, 2005, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Nick P.Yovino,Planning and Development Director, 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, CMC CITY CLERK o By�. n.�.J Deputy December 21,2005(8:46am) x �a A .1" w°� 1 ,a. J