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Home My WebLink AboutPM 2004-34 - Agreement/Covenant - 3/2/2006 (2) WHEN RECORDED MAIL TO: City Clerk City of Fresno 03/02/2006121666644454 2600 Fresno Street Fresno, CA 93721-3603 liL O. NO FEE- Government Code 6103 V _ N CITY OF FRESNO Public Works Department P.W. File No. 5494-2004-34 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT RESTRICTING ACCESS TO MAJOR STREETS FOR PARCEL MAP NO. 2004-34 STATEMENT OF COVENANTS Restricting Access to Major Streets Parcel Map No. 2004-34 Page 2 RECITALS WHEREAS, Stan Paulus and Rita Paulus, husband and wife as Joint Tenants, hereinafter referred to as the "Covenantor," is the owner of that certain 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 D, inclusive, of Parcel Map No. 2004-34 as recorded in Book , 6,57 of Parcel Maps at Page(s) 9a d- _91 , 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,the Covenantor has filed with the City of Fresno Parcel Map No. 2004=34 to establish a 4-parcel single-family residential subdivision; and WHEREAS, the only vehicular access for the Subject Property is to a major street(South Fowler Avenue); and WHEREAS,a condition of approval of said Parcel Map requires the Covenantor to provide an on-site turnaround on each parcel to restrict the backing of vehicles from the Subject Property to access said major street; and WHEREAS,the City of Fresno desires to obtain covenants from the Covenantor to insure that the Subject Property is developed in conformance with the provisions of the Tentative Map and City policies and standards for vehicular access to major streets. STATEMENT OF COVENANTS Restricting Access to Major Streets Parcel Map No. 2004-34 Page 3 COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on and approval of the Covenantor's application for approval of said Final Map, the Covenantor hereby covenants 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. 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 to construct and maintain an on-site vehicular turnaround facility on each parcel of the Subject Property in accordance with the requirements, policies and provisions of the City of Fresno, Public Works Department Standards and Specifications. The on-site vehicular turnaround shall be constructed and accepted by the City prior to the issuance of the occupancy permit for the respective Subject Property. 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 Subject Property who directly or who through any agent violate the terms hereof. All obligations 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 the Subject Property. 3. The foregoing conditions shall remain in full force and effect until such time as the City of Fresno, pursuant to the amendment procedure of the Fresno Municipal Code or policies relating STATEMENT OF COVENANTS Restricting Access to Major Streets Parcel Map No. 2004-34 Page 4 to vehicular access to major streets, finds the enforcement of such condition is no longer necessary. 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 enforceability of any other provision hereof. Whenever the context so requires, any gender includes the other genders,the singular includes the plural,and the plural includes the singular. STATEMENT OF COVENANTS Restricting Access to Major Streets Parcel Map No. 2004-34 Page 5 DATED: J20�� aa/ CITY OF FRESNO, COVENANTOR a Municipal Corporation STAN PAULUS and RITA PAULUS, Husband and Wife as Joint Tenants DAVID D. HEALEY, Director Public Works Department By: B — Michael T. Kirn, Assistant Director Stan Paulus, Joint Tenants APPROVED AS TO FORM: Rita Paulus, Joint Tenants Hilda Cantu Montoy City Attorney By: (Attach Notary Acknowledgments) Deputy CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On February 22,2006,before me,Erika-Leyva,Deputy City Clerk,personally appeared Michael T.Kirn,Assistant Public Works 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 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 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. KL ISCH CITY CLERK `� p'j" ♦��\IN By D" XJ , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On til-Lb16s� before me, 1fiMyff4x%e-ky. y/o+.le, kwrom PuBLt'e , Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared SrA?-A PAQU.Ili .4x1'0 V_tf4 PAyLU 5 Name(s)of Signer(s) 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 to me that he/she/they executed the same in his/her/their Commission 1376832 authorized capacity(ies), and that by his/her/their FREDERICK W. WON6 .-w Notary Public - California signature(s) on the instrument the person(s), or the Fresno County - entity upon behalf of which the person(s) acted, MY7 Ill Cornm.EmkesOct 24,2006 executed the instrument. WITNES y hand and offi ial seal. Place Notary Seal Above Signature of Notary Public OPT/ AL 1641 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: n�6ihEiv�oF C�VetitA.�f �E +�'r++-+6 AG4Vf 162 _DAi2e4& l +P�d&.�od-34- Document Date: Ws oMlan Number of Pages: -77 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Xer's Name: J;G4N PAJLs Signer's Name: CZct/� >tP�tufdividual Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorneyin Fact ❑ Attorney in Fact ' Top of thumb here y 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 1-800-876-6827