HomeMy WebLinkAboutPM 2005-30 - Agreement/Covenant - 8/15/2007 (3) 1111 HIM 111111111111111111111111111111111111111
FRESNO County Recorder
When Recorded Mail To: Robert C, WernerDOC_ 2007_0126628
Acct 4-Fidelity National Title Company
City Clerk Friday, JUN 29, 2007 08:00:00
City of Fresno
2600 Fresno Street Tt 1 Pd $0.00 Nbr-0002543431 Fresno, CA 93721-3603 RGR/R4/i-12
CITY OF FRESNO
Planning and Development Department
Project ID: Conditional Use Permit Application No. C-06-090 & Parcel Map No. 2005-30
6340, 6350, 6354, 6360, 6370 & 6380 North Figarden Drive
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND
RECIRPOCAL USES FOR CONDITIONAL USE PERMIT
APPLICATION NO. C-06-090 & PARCEL MAP NO. 2005-30
STATEMENT OF COVENANTS
AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASTMENT
AND RECIPROCAL USES FOR CONDITION USE PERMIT APPLICATION NO. C-06-090 & PARCEL
MAP NO. 2005-30
Page 2 of 10
RECITALS
WHEREAS, Jordan M. Freeman, a married man as his sole and separate property and
Jared T. Freeman, a married man as his sole and separate property and Spencer J. Freeman, a
married man as his sole and separate property and Sara Freeman, a single woman, all as
Tenants in Common, hereinafter referred to as the "Covenantor," are the owners 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 that all such instruments of Subordination, if any, are attached hereto and made a part of
this instrument; and,
WHEREAS, the Covenantor have developed or intends to develop the Subject Property
with buildings, structures, parking areas, driveways, driveway approaches, landscaping,
landscape irrigation, water for domestic and fire suppression systems, common sewer house
branch lines, gas, electric, tele-communication services, refuse container enclosures,
emergency accesses, required walls/fences and other requirements in accordance with the
approved special permit and parcel map applications designated as Conditional Use Permit
Application No. C-06-090 and Parcel Map No. 2005-30 and any amendments thereto,
hereinafter referred to as "Special Permit;" and
WHEREAS, the City of Fresno is unable to find that Conditional Use Permit Application
No. C-06-090 and Parcel Map No. 2005-30 is in substantial compliance with the Conditions of
Approval for Conditional Use Permit Application No. C-06-090 and Parcel Map No. 2005-30 until
the Covenantor provides assurance that such improvements and buildings will be constructed
STATEMENT OF COVENANTS
AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASTMENT
AND RECIPROCAL USES FOR CONDITION USE PERMIT APPLICATION NO. C-06-090 & PARCEL
MAP NO. 2005-30
Page 4 of 10
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, 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.
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 of 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 Department Director of the City of Fresno issues a
written release of such conditions and obligations and records such release with the Fresno
County Recorder.
STATEMENT OF COVENANTS
AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASTMENT
AND RECIPROCAL USES FOR CONDITION USE PERMIT APPLICATION NO. C-06-090& PARCEL
MAP NO. 2005-30
Page 3 of 10
and maintained in compliance with the conditions of approval of the Special Permit, the
California Building Code and the Fresno Municipal Code.
COVENANTS, CONDITIONS, AND RESTRICTIONS
For favorable action on, and approval of, the Covenantor's Conditional Use Permit Application
No. C-06-090 and Parcel Map No. 2005-30, the Covenanters 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. Each parcel of the Subject Property shall be developed and used in such a manner as to
enable cross access between and among the parcels for the following purposes: pedestrian and
vehicular ingress and egress, shared parking, cross drainage of storm water; cross access for
utilities (Including but not limited to, water, fire suppression systems, common sewer house
branch, etc.) emergency services access, refuse enclosures, provided the entire scope of the
cross access is 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.
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.
STATEMENT OF COVENANTS
AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASTMENT
AND RECIPROCAL USES FOR CONDITION USE PERMIT APPLICATION NO. C-06-090 & PARCEL
MAP NO. 2005-30
Page 5 of 10
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 provisions 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.
r •
STATEMENT OF COVENANTS
AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASTMENT
AND RECIPROCAL USES FOR CONDITION USE PERMIT APPLICATION NO. C-06-090& PARCEL
MAP NO. 2005-30
Page 6 of 8
Dated: a6 z,2 0 7
CITY OF FRESNO COVENTANTORS
a Municipal Corporation
Planning and Development Department
Nick P. Yovino, Director o an M. Freeman,
arried man as hi ole and separate property
Keith Ber6tholcl, Assistan Director '
*4
Jared T. Freeman,
a married man as his sole and separate property
Sp 6-
r J. Freeman,
a married man as his sole and separate property
i
APPROVED AS TO FORM: Sara Freeman, a Inge woman
All as Tenants in Common
JAMES C. SANCHEZ
City Attorney
By: �t% (Attach Notary Acknowledgements)
4in W. Fox, Deputy City Attorney
Date: �' L%i�'
Exhibit A
PARCEL'S A, B, C AND D OF PARCEL MAP NO. 2005-30, ACCORDING TO THE MAP
THEREOF RECORDED IN BOOK (o I OF PARCEL MAPS, AT PAGES
5,2 + 53 , FRESNO COUNTY RECORDS.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
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COUNTY OF YP_5, , )
On a,« , �, 2Xx�—r , before me,
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Notary PubYlc personally appeared
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.
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Signature of Notary Public
C.REED
Commission# 1459519
aNotary Public-California
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Fresno Counfy
Comm.Expires Dec?0.2007
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ACKNOWLEDGMENT
STATE OF CALIFORNIA )
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COUNTY OF F'Ye.sn o )
Onb-� 31 -2-��-i , before me,
Notary Public, personally appeared
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.
-'gak-J— C.REED
Signature of Notary Public Commission#1459519
Notary Public•C01110m1a
rte, Fresno County
my Comm.Expires Dec?0,2007
A M M W/ADM I N//1 X6823.DOC j
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ACKNOWLEDGMENT
STATE OF CALIFORNIA )
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COUNTY OF
Onbefore me,
Notary Pu lic, personally appeared
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.
Signature of Notary Public C.REED
Commisslon# 1459519
�s Notary Public•Californla
Fresno County
MY Comm.EXF*es D900,2007
MMW/ADMIN//156823.DOC)
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss
COUNTY OF fre-bay )
On j . , before me,
Notary Pu lic, personally appeared �x�
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.
(I LQ-Q�
Signature of Notary Public C.REED
Commission# 1459519
Notary Public-California
Fresno County
aMy
Comm.Expires Dec?0.2007
{M M W!A DM I N//156823.DOC)
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CLERK'S CERTIFICATION
State of California)
County of Fresno)
On June 14, 2007, before me, Sherrie L. Badertscher, Deputy City Clerk, personally
appeared, Keith Bergthold, Assistant Director, Planning and Development Department ,
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
By
Deputy
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