Loading...
HomeMy WebLinkAboutPM 2006-16 - Agreement/Covenant - 7/9/2008 (2) When Recorded Mail To 0 LL z O City Clerk U City of Fresno Lu 2600 Fresno Street Q Fresno, Ca 93721-3603 W a rt+rnw rwnnn wnnnnnw+ww+ NO FEE - Govt. Code 6103 CITY of FRESNO Planning and Development Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ESTABLISHING VEHICULAR ACCESS RESTRICTIONS FOR CERTAIN PARCELS WITHIN PARCEL MAP NO. 2006-16 Statement of Covenants Vehicular Access Restrictions Parcel Map No. 2006-16 Page 2 RECITALS WHEREAS, DARRYL FREEDMAN and GRETCHEN FREEDMAN, Husband and Wife as Tenants in Common, 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 as: Parcels A and D, of Parcel Map No. 2006-16 according to the map thereof recorded on _T61u 9 , 201 in Book 62 of Parcel Maps at Page(s) :77 7-9 , 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 all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and WHEREAS, on August 30, 2006 the Covenantor applied with the City of Fresno ("City"), Vesting Tentative Parcel Map No. 2006-16 to create 4 single-family residential parcels, hereinafter referred to as the "Tentative Map;"and WHEREAS, the Tentative Map proposes a subdivision design requiring vehicular access to and from certain parcels via designated major streets (i.e., West Whites Bridge Avenue); and WHEREAS, the conditions of approval for said Tentative Map requires that vehicular access for parcels which front a designated major street comply with Policy E-1-p of the 2025 General Plan and the Edison Community Plan; and WHEREAS, said Policy E-1-p prohibits new single family residential parcels from fronting onto designated major streets, unless it can be satisfactorily demonstrated that no other feasible alternative means of access can be provided to the property and 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 Restrictions Parcel Map of No. 2006-16 Page 3 WHEREAS, the Covenantor has filed with the City of Fresno Parcel Map No. 2006-16, pursuant to said Tentative Map, for approval and recording. COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantor's application for said Final Map, the Covenantor hereby covenants that all of the proposed lots 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 comply with said Policy E-1-p by establishing the following vehicular access restrictions for the Subject Property: a. Provide and maintain a "hammer head" driveway or other alternative acceptable to the City Engineer on each parcel of the Subject Property to avoid having to back a vehicle from the Subject Property onto the designated major street (i.e., West Whites Bridge Avenue). b. Said vehicular access restriction shall be required for existing developed parcels and for any proposed future development of the parcels. Statement of Covenants Vehicular Access Restrictions Parcel Map No. 2006-16 Page 4 C. The 'hammer head' driveway required for the existing developed lots shall be completed no later than the time of completion of the street improvements for West Whites Bridge Avenue and West Amador Street pursuant to the Subdivision Agreement for the Parcel Map No. 2006-16. 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 mariner 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 Planning and Development Department Director issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 4. In the event that litigation is instituted to enforce or interpret any provision of this Statement, the parties agree that the prevailing party shall be paid reasonable attorney's fees, costs and litigation expenses. 5. 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 Vehicular Access Restrictions Parcel Map of No. 2006-16 Page 5 DATED: 106AS'zk CITY OF FRESNO, COVENANTOR a Municipal Corporation DARRYVinCo N and GRETCMAN, Husband and Wife as Tenon By: Keith Bergthold, Assi ant Director Darry reedman Planning & Development Department By:' Gretch n Freedm n r APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: John W. Fox, Deputy City Attorney Date: (Attach Notary Acknowledgments) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of�Sho On 1 CR before me, —L-a , Wt)kQ PdW`l,(.. Date Here Insert Name&and Title of the Tfficer personally appearedu r U� C�IiMQ Qna(4 G r2+Che,VA '82 C:�Vvlet tl Name(s)of Signer(s) who 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 mfCowmWesillon* 1746M instrument the person(s), or the entity upon behalf of "Ok"PUbft-C Momio which the person(s) acted, executed the instrument. Fresno County I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ::::LA" �� Place Notary Seal Above ignature of Notary lic 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 Document ` Title or Type of Document: '5 a w.an4 6F CovQnCLg++�) of4C y)Q (cy J &Vekpo� Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: McYI Signer's Name: 120-0jrKOLY, Individual t�lndividual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact • Trustee Top of thumb here ❑Trustee Top of thumb here u Guardian or Conservator ❑Guardian or Conservator Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded onC)cber- I-Z 2-0 c)i in the office of the Fresno County Recorder as Document No. 200-7 - a I H -7 of which the Deed of Trust in, by and between: Q��cvl Fze-zdmax,C,-C,4 ae'41-nQn }lu,sbo'r Q< �aTe 1 i); asnt rarfs , as Trustor, me-,:cam7� 17le -T"S L ly<a CO . as Trustee, - Yljj jygns. AQrk,, l �` Fide col( I C hg<Ate z,4 as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development Establishing Vehicular Access Restrictions for Certain Parcels within Parcel Map No. 2006-16. DATED: BENEFICIARY By: biorryI K 1 1izn�S VIGe, Preside + By: Y-,zen ComVi-On i�ssws��n Oce- Pre laeoi, (Beneficiary to print/type document info, Name and Title; and attach Notary Acknowledgment) INDIVIDUAL ACKNOWLEDGMENT State/Commonwealth of Michigan ss. County of Kalamazoo On this the 25th day of January 2008 , before Day Month Year me, Shana L McCluskey the undersigned Notary Name of Notary Public Public, personally appeared Darryl K Williams and Karen Compton Name(s)of Signer(s) ® personally known to me—OR— ❑ proved to me on the basis of satisfactory SHANAL.McCLWSKEY, Notary PuNic evidence Stale of Michigan,County of Kdamazoc to be the persons) whose name(s) is/are MY Commission Expires Aug.25,2012 subscribed to the within instrument, and Acting 117 the County 4fl�!!bl'11dZov acknowledged to me that he/she/they executed the same for the purposes therein stated. WITNESS my hand and official seal. Si ur o ary Plublic Shana L McCluskey Other Required Inib matim(Printed Name of Notary,Residence,etc.) Place Nacary Seal and/or Any Stamp Above OPTIONAL Although the information in this section 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. Top of thumb here Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: ©2002 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNQtary.org Item No.5936 Reorder:Call Toll-Free 1-800 US NOTARY(1-800-876-6827) CLERK'S CERTIFICATION State of California ) County of Fresno ) On June 5, 2008, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Keith Berqthold, Assistant Planning and Development Director, who 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) acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. REBECCA E. KLISCH, CMC City Clerk, City of Fresno 0 By Deputy