HomeMy WebLinkAboutPM 2007-12 - Agreement/Covenant - 6/29/2009 (3) When Recorded Mail To:
City Clerk
U. City of Fresno
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V 2600 Fresno Street
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y Fresno, CA 93721-3603
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CITY OF FRESNO
Planning and Development Department
Project ID: TPM-2007-12
STATEMENT OF COVENANTS AND CONDITIONS OF ZONING
AFFECTING LAND DEVELOPMENT FOR TENTATIVE
PARCEL MAP NO. 2007-12
STATEMENT OF COVENANTS AND CONDITIONS OF ZONING
AFFECTING LAND DEVELOPMENT FOR TENTATIVE PARCEL MAP NO. 2007-12
October 14, 2008
Page 2 of 10
RECITALS
WHEREAS, Richard Holm, DVM, and Marian Holm, husband and wife as community
property, hereinafter referred to as the "Covenantor," are the owner(s) 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 follows:
Parcels "A" through "D" of Parcel Map No. 2007-12 according to the map
thereof recorded in Book of Parcel Maps at Page(s)
L-/, 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 that all such instruments of Subordination, if any, are attached hereto and made a part of
this instrument; and,
WHEREAS, the Covenantor has applied to the City of Fresno for a Parcel Map to
authorize a four-lot planned development subdivision of the Subject Property; and,
WHEREAS, the Covenantor intends to develop and subdivide the Subject Property in
accordance with the requirements of the approved Tentative Parcel Map application designated
as Vesting Tentative Parcel Map Application No. 2007-12 and any amendments thereto,
hereinafter referred to as the "Parcel Map;" and,
WHEREAS, the City of Fresno is unable to find that Parcel Map No. 2007-12 is in
substantial compliance with the Conditions of Approval for Vesting Tentative Parcel Map No.
2007-12 until the Covenantor provides assurance that the Conditions of Zoning, which apply to
the subject property as established by Rezone Application No. R-07-33, have been and will be
STATEMENT OF COVENANTS AND CONDITIONS OF ZONING
AFFECTING LAND DEVELOPMENT FOR TENTATIVE PARCEL MAP NO. 2007-12
October 14, 2008
Page 3 of 10
duly acknowledged, noticed, and formalized through the recordation of this covenant; and that
all future improvements on the subject property will occur in compliance with the conditions of
approval of the Parcel Map, the California Building Code and the Fresno Municipal Code; and,
WHEREAS, the City of Fresno desires to obtain covenants from the Covenantor to
insure that the Subject Property is not developed, used, or maintained in such a way as to
adversely affect adjoining properties or airport operations in the vicinity.
COVENANTS, CONDITIONS, AND RESTRICTIONS
For favorable action on, and approval of Parcel Map No. 2007-12, 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. Covenantor hereby covenants as follows:
The following conditions of zoning, as established by Rezone Application No. R-07-033,
are applicable to the subject property:
a) A minimum 15-foot building setback shall be required for the project site along its
North Barton Avenue frontage.
b) A minimum 15-foot landscaped area shall be provided along North Barton Avenue.
Genera! Nuisance/Avigation Easement
c) A General Nuisance/Avigation Easement is required to be dedicated to the City of
Fresno and shall include the following conditions:
STATEMENT OF COVENANTS AND CONDITIONS OF ZONING
AFFECTING LAND DEVELOPMENT FOR TENTATIVE PARCEL MAP NO. 2007-12
October 14, 2008
Page 4 of 10
Conditions related to the enforcement of adopted noise criteria as stated in the
Fresno Air Terminal Land Use Compatibility Plan:
i) General manufacturing, utilities, extractive industry, transportation, public
parking, cemeteries, service commercial, wholesale trade, warehousing, light
industrial, golf courses, riding stables, water recreation, offices, retail trade,
livestock breeding, parks, playgrounds, zoos, and outdoor spectator sports uses
shall have interior noise levels reduced by at least 25dBA with noise insulation in
those portions of buildings where the public is received such as office areas and
noise sensitive areas where noise levels are low
ii) Single-family detached and duplex residential development, multi-family
residential development and transient lodging, mobile homes, schools, libraries,
hospitals, nursing homes, churches, auditoriums, concert halls, and
amphitheaters shall be prohibited.
Conditions related to adopted airspace protection criteria as stated in the Fresno Air
Terminal Land Use Compatibility Plan
iii) All structures and trees shall be limited to the 50-foot maximum height
requirement of the proposed M-1 (Light Manufacturing) zone district and imposed
by Federal Aviation Regulations (FAR).
iv) All structures and trees shall comply with the FAR Part 77 regulations for the
approach surface, for any exceptions to the 50-foot height limitation considered
by the City Planning Commission.
v) Allow ongoing ingress and egress for the purpose of removing, marking or
lighting objects, including trees, which may penetrate any surface as described
under FAR Part 77.
Conditions related to adopted safety criteria as stated in the Fresno Air Terminal
Land Use Compatibility Plan
vi) On-site improvements and uses such as distracting lights or glare, sources of
smoke or electronic interference, and uses that attract birds shall be prohibited.
vii) Uses that concentrate occupants with limited mobility such as schools, large day-
care centers, hospitals, nursing homes, or similar uses shall be prohibited.
viii)Industrial/Manufacturing uses such as petroleum bulk plants shall be prohibited.
viii)Commercial/Retail Trade uses having moderate or higher usage intensities such
as major shopping centers, theaters, meeting halls and buildings with more than
three aboveground habitable floors shall be prohibited.
ix) Restaurant development shall be limited to one, 4,000 square-foot maximum,
restaurant.
STATEMENT OF COVENANTS AND CONDITIONS OF ZONING
AFFECTING LAND DEVELOPMENT FOR TENTATIVE PARCEL MAP NO. 2007-12
October 14, 2008
Page 5 of 10
x) Public and Quasi-Public Services such as solid waste transfer stations shall be
prohibited.
d) The Western Regional Office of the Federal Aviation Administration (FAA)
encourages the filing of an FAA Form 7460-1, Notice of the Proposed Construction
or Alteration in conjunction with the permitting of projects in the area of an airport to
ensure compliance with Part 77 of the Federal Aviation Regulations (FAR).
e) In accordance with FAR 77, Subpart C and Airspace Protection Policies of the
Fresno Air Terminal Land Use Compatibility Plan the following must be met:
i) No Structure, tree or other object shall be permitted to exceed the height limits
established in accordance with Part 77, Subpart C, of the Federal Aviation
Regulations (FAR). This criterion applies unless, in the case of a proposed
object or growing tree, one or more of the following conditions exist:
• The object would be substantially shielded by existing permanent structures
or terrain in a manner such that it clearly would not affect the safety of air
navigation;
• The FAA has conducted an aeronautical study and either determined that the
object would not result in a hazard to air navigation or made
recommendations for the object's proper marking and lighting as an
obstruction;
• The object is otherwise exempted from the requirements of FAR Part 77. In
the case of an existing object, this criterion also applies unless the object
exceeded the prescribed height limits prior to February 20, 1987, in which
case, marking lighting will still be required.
ii) No object shall be permitted to be erected which because of height or other
factors would result in an increase in the minimum ceiling or visibility criteria for
an existing or proposed instrument approach procedure.
iii) Civil Airport Imaginary Surfaces described as Code of Federal Regulations Title
14, Part 77, Subpart C "Obstruction Standards," shall be used in conjunction with
the above airspace conditions to determine whether the height of an object is
acceptable.
The conditions listed above shall be met to the satisfaction of the City of Fresno and/or the
Federal Aviation Administration (dependent upon jurisdiction) regardless of whether the parcels
of the Subject Property are owned or leased by the same or different persons.
2. Covenantor shall construct, maintain and repair required improvements, in such a
manner that will not limit or impair mutual non-exclusive easements and reciprocal uses across
STATEMENT OF COVENANTS AND CONDITIONS OF ZONING
AFFECTING LAND DEVELOPMENT FOR TENTATIVE PARCEL MAP NO. 2007-12
October 14, 2008
Page 6 of 10
or over parcel lines within the Subject Property, in compliance with the approved Parcel Map,
the Uniformed Building Code, Fresno Municipal Code, and Federal Aviation Regulations.
3. The cost of maintenance and repair of improvements and utility charges (which are not
separately metered and billed [including but not limited to charges for water]), shall be the
responsibility of the Covenantor unless otherwise agreed between the property owners of each
parcel of the Subject Property by written agreement.
4. 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.
5. The conditions of this Statement are intended to benefit the public and public properties
as well as properties appurtenant. 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 the 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 geographic boundaries include the
subject property.
6. 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.
7. 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.
STATEMENT OF COVENANTS AND CONDITIONS OF ZONING
AFFECTING LAND DEVELOPMENT FOR TENTATIVE PARCEL MAP NO. 2007-12
October 14, 2008
Page 7 of 10
8. 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.
9. 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.
STATEMENT OF COVENANTS AND CONDITIONS OF ZONING
AFFECTING LAND DEVELOPMENT FOR TENTATIVE PARCEL MAP NO. 2007-12
October 14, 2008
Page 8 of 10
CITY OF FRESNO COVENANTOR
a Municipal Corporation RICHARD HOLM, DVM, AND MARIAN HOLM,
Husband and Wife as Community Property,
By: By Z
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nteri {
Keith Bergthold, IDirector Richard Holm, DVM
Planning and Development Department
Dated: -S-/1 q d Dated: .12- 3
APPROVED AS TO FORM:
JAMES C. SA CHEZ
By
By: I Marian Holm
Jo n W. Fox, Deputy Clity Attorney
Dated:
Dated: ZO
(Attach Notary Acknowledgments for
Covenantor)
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On May 14, 2009, before me, Jennifer Morelos, Deputy City Clerk, City of Fresno,
personally appeared, Keith Berqthold, Interim 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
G��1 o F F Rf sy0
By
Deputy
'PA R9 4rED
R4rfD OSS
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of no
On S- 't/3 t before me, vC--
Date Here Irlsert Name and Titleh Officer
personally appeared R(chn Acd 4ol nY I a jn 6 f%✓1(an bDi m
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s)-care subscribed to the
within instrument and acknowledged to me that
e/they executed the same in-hisffier/their authorized
capacity(ies), and that by ki�/their signature(s) on the
J. CIgPPONI instrument the person(s), or the entity upon behalf of
commission* 1806941 which the person(s) acted, executed the instrument.
.� Notary Public-California €
Fresno County I certify under PENALTY OF PERJURY under the laws
my Comm.Expires Jul 19,2012 of the State of California that the foregoing paragraph is
true and correct.
WITNESS my h nd and official seal-
Signature.,
eal-
Signature
Place Notary Seal Above L gnature of Notary Public
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:dD) IoGl'icrn-f Covera_ ±n c V' d 0-ond Ifi(icy') �, CF
Document Date: An 1`T I Zoo,�< Number of Pages: 6C- C-Y�
Signer(s) Other Than Named Above: —'
Capacity(ies) Claimed by Signer(s)
Signer's Name: Igner's Name:
❑ Individual [D-1 Individual
❑ 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
❑ Guardian or Conservator /f ❑ Guardian or Conserva
❑ Other: Z ❑ Other:
Signer Is Repre nting: Signer I epresenting:
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.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 on April 28, 2009 in the office of the Fresno County
Recorder as Document No. 009038800 of which the Deed of Trust in,
by and between:
Richard Holm, DVM, and Marian Holm, Husband and Wife as Community Property, Trustor,
Central Valley Community Bank, Trustee and Central Valley Community Bank , as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR
TENTATIVE PARCEL MAP NO. 2007-12.
DATED: 12/31/08
BENEFICIARY
By:
Jennette Williams, VP
Central Valley Community Bank
(Beneficiary to print/type Document Info., Name and Title;
and, attach Notary Acknowledgement)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of �:rc r) 1 Q
'�"� �� �I,200 1
On 1JC�:C��1�� J
before me, . C.,iCkp,--)c)nt , ti aiz7ui9 ati2i t c,
Date I I Here Insert'Name and Title of the Qjcer
personally appeared VVt l h 1 GL I'n'1 J
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the persona') whose nameM is/afeubscribed to the
within instrument and acknowledged to me that
-he/she/they executed the same in4;is/her/tI;@W authorized
capacity(Xi , and that by44s/her/their signature(,5)'on the
J.CIAPPONI instrument the person° or the entity upon behalf of
Commission# 1806941 which the person acted, executed the instrument.
.s Notary Public-California
Fresno County I certify under PENALTY OF PERJURY under the laws
My Comm.Expires Jul 19, 1W_ of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
i
Signature
Place Notary Seal Above fgnature of Notary Public
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 ��,,,�� �-J
Title or Type of Document: – mt oP COVen�'� (A- l ) . �--U��nd Zorn 1'o
Document Date: UC+DL-rz1' 1412-009 Number of Pages:
Signer(s) Other Than Named Above: n
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Office/ator
❑ Corporate Officer—Title(s):
❑ Partner—❑ Lim _ ❑ Partner—❑ Limited ❑ Gener
❑ Attorney in Fact ❑Attorney in Fact •
❑ TrusteeTop of thumb here ❑Trustee Top of thumb here
❑ Guardian or Con ❑ Guardian or Conser or
❑ Other: ❑ Other:
Signer Is Repr enting: Signer Is R74 enting:
02007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827