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Home My WebLink AboutPM 2006-01 - Agreement/Covenant - 2/13/2007 When Recorded Mail To: llr LL City Clerk 0 City of Fresno V 2600 Fresno Street W Fresno, CA 93721-3603 02/13/2007,20070030495 p. CITY OF FRESNO Planning and Development Department Project ID: Parcel Map No. 2006-01 4610, 4620 & 4630 West Jacquelyn Avenue STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND RECIRPOCAL USES FOR PARCEL MAP NO. 2006-01 } wyY STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASTMENT AND RECIPROCAL USES FOR PARCEL MAP NO. 2006-01 November 1, 2006 Page 2 of 6 RECITALS WHEREAS, Butler Investment Group, LLC, A California Limited Liability Company, 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 that all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and, WHEREAS, the Covenantor has 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 parcel map designated as Parcel Map No. 2006-01 and any amendments thereto, hereinafter referred to as "Special Permit;" and WHEREAS, the City of Fresno is unable to find that Parcel Map No. 2006-01 is in substantial compliance with the Conditions of Approval for Parcel Map No. 2006-01 until the Covenantor provides assurance that such improvements and buildings will be constructed and maintained in compliance with the conditions of approval of the Special Permit, the California Building Code and the Fresno Municipal Code. 5�s G STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASTMENT AND RECIPROCAL USES FOR PARCEL MAP NO. 2006-01 November 1, 2006 Page 3 of 6 COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantor's Parcel Map No. 2006-01, 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. 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. 4. Covenanters shall maintain and repair the improvements and buildings, in such a nner that will not limit or impair such mutual non-exclusive uses across parcel lines within the i. STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASTMENT AND RECIPROCAL USES FOR PARCEL MAP NO. 2006-01 November 1, 2006 Page 4 of 6 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 Covenanters unless otherwise agreed between the property owners of each parcel of the Subject Property by written agreement. 6. At such time Covenanters 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. ;N 4 i y STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASTMENT AND RECIPROCAL USES FOR PARCEL MAP NO. 2006-01 November 1, 2006 Page 5of6 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. k � 4'+ E� kp STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASTMENT AND RECIPROCAL USES FOR PARCEL MAP NO. 2006-01 November 1, 2006 Page 6 of 6 Dated: CITY OF FRESNO COVENANTERS a Municipal Corporation Butler Investment Group, LLC, A California Limited Liability Company By T. Scott Butler, President By Nick ovino, Director Plan VIg and Development Department APPROVED AS TO FORM: JAMES SANCHEZ City Attorney By (Attach Notary Acknowledgments for Covenantor) D putt' STATE OF CALIFORNIA COUNTY OF Fresno On November 3 , 2006, before me, Kathleen S. Lemon a Notary Public, personally appeared T. Scott Butler ,personally known to me to be the person(s) ( ) whose name(s) is/aFe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/#eF/their authorized capacity and that by his/heF/th&signature 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 [SEAL] KATHLEEN S.LEMON _ Com`misslon# 1347031 � -s Notary Pubhc-California D Fresno County t1Ay Comm.Exp res Jon 28,2007 T4* +Y: CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO) On February 9. 2007, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, 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 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. KLISCH CITY CLERK, CMC B �� Y Deputy k y�'i Rig kS WL" a. Exhibit A PARCEL'S A, B, AND C OF PARCEL MAP NO. 2006-01, ACCORDING TO THE MAP 6 THEREOF RECORDED IN BOOK ! OF PARCEL MAPS, AT PAGES FRESNO COUNTY RECORDS. 'a