The URL can be used to link to this page

Home My WebLink AboutPM 2006-34 - Agreement/Covenant - 7/9/2008 (5) When Recorded Mail To O LL 0 City Clerk U City of Fresno W 2600 Fresno Street Q Fresno, Ca 93721-3603 W J CL NO FEE - Govt. Code 6103 CITY of FRESNO Planning and Development Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE REMAINDER PARCEL OF PARCEL MAP NO. 2006-34 Statement of Covenants for Remainder Parcel Map No. 2006-34 Page 2 RECITALS WHEREAS, Joseph R. Rajskup and Lillian Evelyn Rajskup, Husband and Wife, as Joint Tenants, 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," more particularly described in Exhibit A, attached hereto and made a part of this Statement and as depicted as the remainder parcel on Parcel Map No. 2006-34 according to the map thereof recorded on > 20C—,' in Book s of Parcel Maps at Pages 75 t ?(v , 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, the Conditions of Approval for Vesting Tentative Parcel Map No. 2006-34 dated April 19, 2007 approved by the City of Fresno, Planning and Development Department, hereinafter referred to as 'Conditions' and incorporated into this Statement by this reference, requires certain zoning conditions for the Subject Property; and WHEREAS, the Covenantor has satisfied certain zoning conditions of the stipulated Conditions, more particularly, the dedication of street and landscape easements and the relinquishment of access rights to West Olive Avenue and the dedication of the street easement for North Carnegie Avenue on said Parcel Map; and WHEREAS,the Covenantor has executed this Statement to comply with the Conditions for the unsatisfied zoning conditions; and WHEREAS, the Covenantor has filed with the City of Fresno, Parcel Map No. 2006-34 for Statement of Covenants for Remainder Parcel Map No. 2006-34 Page 3 approval and recording. COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of,the Covenantor's application for said Parcel 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 that after the date of recording of said Parcel Map No. 2006-34, upon further development of the Subject Property: a. City agrees to permit temporary vehicular access rights to West Olive Avenue over the area where access rights have been relinquished pursuant to the recorded Parcel Map but limited to the extent of the existing driveway. Such temporary vehicular access is permitted exclusively for the benefit of the existing dwelling; at such time improvements to the existing dwelling is proposed,the Planning and Development Director will determine if such temporary access will continue to be permitted or if such temporary access will be revoked and the Covenantor required to establish permanent access and improvements to North Carnegie Avenue. The temporary access permitted to West Olive Avenue is subject to Covenantor first constructing and maintaining an on-site turnaround to the Statement of Covenants for Remainder Parcel Map No. 2006-34 Page 4 existing driveway to avoid having to back a vehicle from the Subject Property onto West Olive Avenue. Such on-site turnaround shall be as approved by the City Traffic Engineer. b. Such temporary access will be revoked by the City upon development of the Subject Property, subsequent subdivision, lot line adjustment or failure to comply with Section 1.a . C. At the time the Subject Property is developed, Covenantor shall improve the North Carnegie Avenue and West Olive Avenue street easements with curbs, gutters, sidewalks, pavement, street lights, etc. pursuant to street work permits and improvement plans approved by the Public Works Department. d. At the time the Subject Property is developed, Covenantor shall improve and maintain the landscape easement with anti-graffiti landscaping and an irrigation system pursuant to landscaping and irrigation plans approved by the Planning and Development Department, construct and maintain a six-foot high solid masonry wall along the West Olive Avenue frontage (to be situated on the Subject Property abutting the 15-foot landscape easement) in accordance with plans and building permits approved by the Planning and Development Department. 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 manner to any person other than to a successor municipal corporation whose Statement of Covenants for Remainder Parcel Map No. 2006-34 Page 5 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 for Remainder Parcel Map No. 2006-34 Page 6 Date: /l7 CITY OF FRESNO, COVENANTOR a Municipal Corporation Joseph R. Rajskup and Lillian Evelyn Rajskup, Hus and and Wife, as Joint Tenants 01 By: Keith Bergthold, Assi.,tant Director Joseph R. Rajskup Planning & Development Department By. ian Evelyn Rajskup APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney —4L BC . `7 Y John W. Fox, Deputy City attorney Date: (Attach Notary Acknowledgments) State of California ) County of Fresno ) On April 22, 2008 before me, K. Niell , Notary Public (here insert name and title of the officer), personally appeared Jim J. Rasjkup, 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), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 I seal. Signature (Seal) K.NIELL Commission# 1700837 a.y Notary Public-California Fresno County Comm.Expires Oct 24,2010 (notary)(12-07) CLERK'S CERTIFICATION State of California ) County of Fresno ) On June 19, 2008, before me, Jennifer Morelos-Jensen, Deputy City Clerk, City of Fresno, personally appeared, Keith Berqthold, Assistant Director of Planning & Development, 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 By(4* 110'W. _4"01 ,eputy EXHIBIT "A" That portion of Parcel 1 of Parcel Map No. 4314 in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 28 of Parcel Maps at Page 57, Fresno County Records, described as follows: BEGINNING at the Northeast corner of said Parcel 1; thence South 00005'17" West, along the East line of said Parcel 1, a distance of 202.69 feet; thence South 89°58'19" West, a distance of 226.63 feet; thence North 44059'15" West, a distance of 21.67 feet; thence North 00°03'10" East, a distance of 89.63 feet; thence North 0205323" West, a distance of 32.96 feet; thence South 89°59'00" East, a distance of 99.69 feet; thence North 00°03'10" East, a distance of 65.00 feet to a point on the North line of said Parcel 1; thence South 89059'00" East, along the North line of said Parcel 1, a distance of 144.09 feet to the POINT OF BEGINNING. /OVAL LA/Vo S .L. EXP. 12 1 0 1F 0�