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Home My WebLink AboutPM 2005-15 - Agreement/Covenant - 4/4/2006 c When Recorded Mail To: City Clerk 100600410'10 City of Fresno 031011006, 2600 Fresno Street Fresno, CA 93721-3603 0 w Of � NO FEE -GOVERNMENT CODE 6103 O p �`— U Z oU CITY OF FRESNO Planning and Development Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR PARCEL MAP NO. 2005-15 Statement of Covenants Affecting Land Development Parcel Map No. 2005-15 Page 2 WHEREAS, HORIZON ENTERPRISES, a California General Partnership, hereinafter referred to as"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: Parcels A through E, inclusive, of Parcel Map No. 2005-15 according to the map thereof recorded in Book of Parcel Maps at Page(s) �T. �� , Fresno County Records; and WHEREAS, 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, Covenantor has developed, or intends to develop the Subject Property as a planned development for condominium purposes with buildings,structure,parking and parking areas, driveways, driveway approaches, landscaping, landscape irrigation, water for domestic and fire protection purposes,sanitary sewer disposal,gas,electric,tele-communication services,solid waste facilities,storm water drainage,emergency accesses, required walls/fences and other requirements in accordance with the approved Special Permit application designated as Site Plan Review No. 04- 190 and any amendments thereto, hereinafter referred to as "Special Permit,"in such a manner that each parcel of the Subject Property will be compelled to use portions of other parcels of the Subject Property; and WHEREAS, the City of Fresno is unable to find that Parcel Map 2005-15 is in substantial compliance with the Conditions of Approval for Vesting Tentative Parcel Map 2005-15 dated Statement of Covenants Affecting Land Development Parcel Map No. 2005-15 Page 3 September 26, 2005 ("Tentative Map") until the Covenantor provides assurances that such improvements and buildings will be constructed and maintained in compliance with the conditions of approval of the Special Permit,Tentative Map,the California Building Code and the Fresno Municipal Code. COVENANTS, CONDITIONS AND RESTRICTIONS In consideration of the approval and recording of said Parcel Map by the City of Fresno, 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 shall run with the Subject Property and shall be binding upon and inure to the benefit of each successive owner of the Subject Property and his or her heirs, successors, and assigns. 1. Each parcel of the Subject Property shall be developed and used in such a manner as to enable reciprocal cross access between and among the parcels as approved by the City of Fresno in the Special Permit, regardless of whether the parcels of the Subject Property are owned or leased by the same or different persons for the following purposes: a. Pedestrian and vehicular ingress and egress; b. Shared parking; C. Drainage for storm water and storm water facilities; Statement of Covenants Affecting Land Development Parcel Map No. 2005-15 Page 4 d. All utilities (including but not limited to gas, electricity, water, fire suppression systems, sanitary sewer, tele-communications, etc.); d. Access to all buildings and areas for emergency services; e. Landscaping; walls/fences; solid waste facilities; and f. Any additional uses pursuant to amendments to the Special Permit approved by the City. 2. Mutual easements appurtenant are hereby created and apply to each parcel of the Subject Property as a burden and benefit, to satisfy the need for cross access. 3. Any buildings or structures constructed on any parcel of the Subject property must comply with the prevailing California Building Code. 4. Covenantor shall maintain and repair the improvements and buildings, in such a manner that will not limit or impair such mutual non-exclusive uses across parcel lines within the Subject property, in compliance with the approved Special Permit, Tentative Map, the California Building Code and the Fresno Municipal Code. 5. The cost of maintenance and repair of improvements, utility charges which are not separately metered and billed (including but not limited to charges for sewer, water, solid waste collection, gas, electric and tele-communication service), shall be the responsibility of the Covenantor unless otherwise agreed between the property owners of each parcel of the Subject Property by written agreement. 6. At such time Covenantor or subsequent owner(s) sells or transfers any parcel of the Subject Property, the owner shall disclose this Statement to the buyer and reserve and except from the deed for the parcel(s), the terms of this Statement. Statement of Covenants Affecting Land Development Parcel Map No. 2005-15 Page 5 7. The conditions of this Statement are intended to benefit the public and public properties as well as properties appurtenant. Failure to comply with the terms of this Statement may result in the revocation of the Certificate of Occupancy or Special Permit by the City for use of any Parcel of the Subject property involved. Accordingly, the City of Fresno shall have the right to enforce this Statement by any legal or equitable means. 8. Each of the covenants, conditions, and restrictions contained in this Statement shall run with the Subject Property and shall be binding on each successive owner of the Subject Property, his heirs, representatives, successors, and assigns. 9. The conditions and obligations of this Statement shall remain in full force and effect until such time as the Planning and Development Director of the City of Fresno issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 10. 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 genders, the singular includes the plural, and the plural includes the singular. Statement of Covenants Affecting Land Development Parcel Map No. 2005-15 Page 6 DATED: OZ 106 CITY OF FRESNO, COVENANTOR a Municipal Corporation HORIZON ENTERPRISES, a California General Partnership Lill - By �� By: N ovino, Director Steven Weil, General Partner Plan i g and Development Department By: Martin Weil, General Partner APPROVED AS TO FORM: HILDA CANTO MONTOY (Attach Notary Acknowledgments) City Aft rney By Deputy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On ) 2 before me, d 4( ,- -Date Jame and Title ofij"Ynket r(e.g.,"Jane y Public") C personally appeared Name(s)of Signer(s) rsonally 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 RHAELENE WIMBERLY he/she/they executed the same in his/her/their _ Commiulon*1466425 authorized capacity(ies), and that by his/her/their Notary U't•C.*.. signature(s) on the instrument the person(s), or the ROW*Cou* entity upon behalf of which the person(s) acted, 1M1►GOmm•Ep '��' executed the instrument. WIT S my hand and official seal. Place Notary Seal Above 4 0,1"_V,4 6,�_4,� /,&,, Signature of Notary Public OPTIONAL 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 ocumnt Title or Type of Document: int Z� Document Date.t-&A L Q� Number of Pages: Signer(s) Other Than Named Above:( &4f k04 L( /< Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): U-f ner—❑ Limitedeneral iiRM11 I MITL _NO ❑ Partner—❑ Limited ❑ General Ljl Attorneyin Fact • Top of thumb here ❑ Attorney in Fact 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 CLERK'S CERTIFICATION State of California) County of Fresno) On February 22, 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 0 a By C Deputy