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Home My WebLink AboutPM 2005-16 - Agreement/Covenant - 5/2/2006 When Recorded Mail To: I�41�m06 �,00600�553� City Clerk 04 # 17 LL. City of Fresno Z 2600 Fresno Street U Fresno, CA 93721-3603 W Q J CITY OF FRESNO a. Planning and Development Department Project ID: TPM No. 2005-16 VEHICULAR ACCESS COVENANT FOR PARCEL MAP NO. 2005-16 Statement of Covenants Vehicular Access Covenant for TPM No. 2005-16 _ March 13, 2006 Page 2 RECITALS WHEREAS, 2M Development Corp., a California Corporation, 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 in the attached Exhibit "A"; 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 WHEREAS, all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and, WHEREAS, on May 25, 2005, the Covenator applied with the City of Fresno ("City") for Tentative Parcel Map No. 2005-16 to create two single-family residential parcels; and, WHEREAS, the Covenator has proposed that two of the parcels (hereinafter "Subject Parcels") provide vehicular access via North Fruit Avenue, which is designated as a collector street by the adopted 2025 General Plan and Fresno High-Roeding Community Plan; and, WHEREAS, Policy E-1-p of the 2025 Fresno General Plan prohibits new single family residential lots from fronting onto a major street unless it can be satisfactorily demonstrated that no other feasible alternative means of access can be provided to the property; and, WHEREAS, the aforementioned policy requires the evaluation of alternative means of access, including but not limited to frontage roads, backup treatment, and redesign of the subdivision proposal; and, Statement of Covenants Vehicular Access Covenant for TPM No. 2005-16 March 13, 2006 Page 3 WHEREAS, Subdivision Map Act Section 66410 et. seq. requires that a proposed parcel map not be approved unless the map, together with its design and improvement, is found to be consistent with the General Plan and any applicable community plan. COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantor's application for Tentative Parcel Map No. 2005-16, the Covenantor hereby covenants that all of the Subject Parcels 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 Parcels, 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 Parcels and shall be binding on each successive owner of the Subject Parcels and his heirs, administrators, successors, and assigns. NOW, THEREFORE, in consideration of the foregoing and the approval by the City of Fresno of the tentative parcel map and the issuance by said City of the necessary special and/or building permits and certificates in connection with said use, the Covenantor hereby covenants, promises, and agrees with the City, for the benefit of said City, its public property, and the Subject Parcels, as follows: 1. To provide a circular driveway and/or alternative backup or other treatment on the Subject Property for any proposed future residential development as approved by the Planning and Development Department Director. 2. Residential development of any portion of the Subject Property shall not be approved by the City until the covenantor abides by the terms as set forth in this covenant. 3. The failure to abide by the terms of this covenant may result in the revocation of the Statement of Covenants Vehicular Access Covenant for TPM No. 2005-16 March 13, 2006 Page 4 Certificate of Occupancy for the use of any portion of the Subject Property affected, in addition to other penalties and remedies available to City. 4. 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. 5. The provisions of this Statement shall be deemed and 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 includes the plural, and the plural includes the singular. 6. The Covenantor shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, and agents from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), to the proportionate extent that it arises out of or in connection with the negligence or willful misconduct of Covenantor in the performance of this Covenant. Statement of Covenants Vehicular Access Covenant for TPM No. 2005-16 _ March 13, 2006 Page 5 Dated: 04 /9/-00 CITY OF FRESNO COVENANTOR a Municipal Corporation By By_ l/I/ Ni"d'T('P.jjovino, Director Plannirid and Development Department By: APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By (Attach Notary Acknowledgments for Covenantor) Deputy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Fyes lfc� OnMQYC.h before me, __T_cy 'uTC}wV e_y IrcAQ-( / Prkl r'. ate �''° Name and Title of Officer(e.g,'J ne Doe,Notary Publi personally appeared \7_0yy 1 M'I Q Soh Name(s)of Signer(s) ❑personally known to me t proved to me on the basis of satisfactory evidence to be the person(s) whose name(s� is/afe- subscribed to the within instrument and TERESA TAWNEY acknowledged to me that he/9ke44er executed CommisAon#E 1504993 the same in his/ba;A4air. authorized Notary Public-CaYtomla capacity(iec), and that by his/herkheir FreanoCounty signature(s) on the instrument the person(rs , or My Comm.Expires Aug 1.2 24the entity upon behalf of which the person(* acted, executed the instrument. WITNESS �,GCfy hand andoffi ial seal. Signature of Notary Public �+ OPTIONAL Though the information below is not required bylaw,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: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nafonainotary.org Prod.No.5907 Reorder:Call Toll-Free i-800$76.6827 CLERK'S CERTIFICATION State of California) County of Fresno) On April 19, 2006, before me, Elvia Sommerville. Deputy Cily 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 Deputy EXHIBIT "A" Parcels A and B of Parcel Map No. 2005-16 according to the map thereof recorded in Book of Parcel Maps at Page(s) 4 "5— , Fresno County Records;