HomeMy WebLinkAboutPM 1996-22 - Agreement/Covenant - 9/20/2006 (3) When Recorded Mail To:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE -GOVERNMENT CODE 6103 09/06/2006120060187227
CITY OF FRESNO
g Planning and Development Department
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CL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR FRESNO IRRIGATION DISTRICT FACILITIES FOR
PARCEL MAP NO. 96-22
i
Statement of Covenants Affecting Land Development
FID North Central No. 26 Canal
Parcel Map No. 96-22
Page 2
RECITALS
WHEREAS, DENKEN FARMS, a California Limited Partnership, hereinafter referred
to as "Covenantor," is the owner of the real property situated 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 H, I, J and K of Parcel Map No. 96-22 according to the map
thereof recorded in Book of Parcel Maps at
Page(s) V6 f�2 _, Fresno County Records; and
WHEREAS, 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,an easementfor Fresno Irrigation District(FID)facilities for the North Central No.
26 Canal traverses the Subject Property; and
WHEREAS, the Fresno Irrigation District has imposed certain requirements for said canal
easement and facilities; and
WHEREAS, the City of Fresno is unable to find that Parcel Map 96-22 is in substantial
compliance with the Conditions of Approval for Revised Vesting Tentative Parcel Map 96-22 dated
January 13, 2006 and amendments thereto("Tentative Map") until Covenantor provides assurances
that the development of the Subject Property will be in compliance with the requirements imposed
by the Fresno Irrigation District.
Statement of Covenants Affecting Land Development
FID North Central No. 26 Canal
Parcel Map No. 96-22
Page 3
COVENANTS, CONDITIONS AND RESTRICTIONS
In consideration of the approval and recording of said Parcel Map by the City of Fresno, 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:
1. Covenantor agrees to develop the Subject Property pursuant to Special Permit
(Conditional Use Permit and/or Site Plan review)applications approved by the City of Fresno and the
requirements of the Fresno Irrigation District for the North Central No. 26 Canal facilities attached
as Exhibit A.
2. 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.
3. 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 or 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.
4. 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.
5. The conditions and obligations of this Statement shall remain in full force and effect
until such time as the Planning and Development Director of the City of Fresno issues a written
release of such conditions and obligations and records such release with the Fresno County
Statement of Covenants Affecting Land Development
FID North Central No. 26 Canal
Parcel Map No. 96-22
Page 4
Recorder.
6. 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 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 Affecting Land Development
FID North Central No. 26 Canal
Parcel Map No. 96-22
Page 5
DATED: g/ LZ 06
CITY OF FRESNO, COVENANTOR
a Municipal Corporation DENKEN FARMS,
4Carni.a
d Partnership
By Nic P ovino, Director agian, General Partner
Planni and Development Department
B :
APPROVED AS TO FORM: nneth L. Parnagi n, General Partner
JAMES C. SANCHEZ
ney
By= •
Deputy
(Attach Notary Acknowledgments)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
f
State of California
f ss.
County of Fresno
f
On August 3, 2006 , before me, Diana L. Rodriguez, Notary Public
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared Dennis S. Parnagi an, Kenneth L. Parnagian------------
Name(s)of Signer(s)
f XXpersonally known to me
� tbL
r
to be the person(s) whose name(s) *4are
subscribed to the within instrument and
BIANA L. RODRIGUEZ acknowledged to me that haisWthey executed
COMM. #1496289 the same in WxXxK/their authorized
NOTARY PUBLIC-CALIFORNIA
FRESNO COUNTY ; capacity(ies), and that by ioi6�(bt�r/their
My Comm,Expires June 24,2008 signature(s)on the instrument the person(s), or )
the entity upon behalf of which the person(s)
acted, executed the instrument.
WIT ESS my hand and Icial seal.
i
l
Place Notary Seal Above VxSignature of Not ry 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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual
Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney in Fact
f ❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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0 1999 National Notary Asaocietion•9350 De Sora Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.natiominotary.org Prod.No.5907 Reorder Call Toll-Free 1.800-878$827
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On August 24. 2006, before me, Elvia Sommerville, Deputy City Clerk, 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 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
Exhibit "A"
Location: The boundary line between Lots "K", "J", "I", and "H" (Phase
1) and "Remainder" (Phase 2) as defined on the Revised Vesting
Tentative Parcel Map 96-22 as approved by the City of Fresno, Ca.
The Owner (Denken Farms, a California Limited Partnership) and the
Fresno Irrigation District (FID) both agree to the following:
1. ) Damage and Repair During Phase 1 Development: That any repair
necessary to, as evidenced by any Owner caused construction-related
activity during Phase 1, maintain the pipeline in serviceable duty
during Phase 1 development shall be the sole responsibility of the
Owner and not the FID. Should construction-related damage occur to any
part of the pipeline, abutting the development and within the Owner's
boundary and property lines, said damage will be addressed to the
satisfaction of the FID's current standards. In those areas where
construction activity takes place, temporary protective measures during
the said construction activities shall be in place on the north line of
FID's existing pipeline easement to ensure that the construction
activities will not damage the pipeline. In the event OWNER fails,
neglects, or refuses to commence, maintain, repair, construct, or
reconstruct said pipeline within 30 days after notice from FID or
thereafter fails to proceed diligently, FID shall have the right, but
shall not be required, to make any such repairs or replacements, and
OWNER agrees to repay to FID the cost of any such repairs or
replacement with interest at the rate of 10% per annum. Phase 1
Development shall be defined as development and construction activity
occurring within Parcel Map 96-22 as listed above ("Location") and as
recorded by the City of Fresno.
2. ) Replacement of Pipeline During Phase 2 Development: Prior to
obtaining any building permits for Phase 2 building construction, the
Owner shall replace the existing pipeline with a 48" diameter ASTM C-
361, A-25 rubber gasketed reinforced concrete pipe(RGRCP) , in
accordance with current FID standards and will enter into an agreement
for that purpose. Phase 2 Development shall be defined as development
and construction activity occurring adjacent and to the south of Phase
1 Development.
3. ) Dedication of Canal Easement During Phase 2: Prior to obtaining any
building permits for Phase 2 building construction, the Owner shall
grant FID a pipeline easement, which is approximately 40' wide .The
exact alignment of both the easement and pipeline shall be determined
during Phase II.
4 . ) FID typically allows various encroachments into and across said
easement so long as the pipeline is installed per FID's specifications.
FID requires an "Encroachment Agreement" with the OWNER before
encroachments are installed within FID's easement. Examples of
encroachments include but not limited to: (i) pavement, (ii) striping,
(iii) concrete curb, gutter and sidewalk, (iv) landscaping (no trees) ,
(v) utility lines in a perpendicular direction relative to said
1
pipeline direction, (vi) ongoing car and truck thoroughfare, (vii)
general parking, (viii) general lighting on OWNERS real property.
Date:
4Denken a Cali nia Limited Partnership arnagian, General Partner
igation District
By: G y R. Serrato, General Manager
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _
I
State of California
r1n ss.
'• County of �
On , before me, ,
Dale Name and Title of Offi .g.,'Jane Doe,Notary Pudic')
personally appeared J5 -
Name(s)of Signer(s) ,
personally known to me
❑ proved to me on the basis of satisfactory ,
evidence
I' I
to be the personW whose names) istaW '
subscribed to the within instrument and
DIANA L. RODRIGUEZ acknowledged to me that he/she/tayr9xecuted
�/{
COMM. #1496289 the same in his/h ? authorized
F NOTARY PUBLIC•CALIFORNIA capacity(iesp and that by his/hSef/ilr
FRESNO COUNTY signature(@�on the instrument the person(, or
My Comm,Expires Juni 24,2= the entity upon behalf of which the person(
acted, executed the instrument.
I� I
WIT ESS my hand and fficial seal.
yinn
Place Notary Seal Above gnature of Notary Public
I
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 Docurpent Y r
I. Title or Type of Document: "ib-Ii
Document Date: Y, LV Z00 Number of Pages: Z
Signer(s) Other Than Named Above: Ul/yn�f 1�' J G ��. ` (/
I. Capacity(ies) Claimedx%11!SSign�
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s): ,
C+ Partner—❑ Limited General
❑ Attorney in Fact
❑ Trustee '
I�
❑ Guardian or Conservator
❑ Other: ,
I
Signer Is Representing:
I.
0 1999 National Notary Association•9350 De SotoAve.,P.O.Box 2402•ChatwmM.CA 91313-2102•WWW.natiarrinoury.org Prod.No.5907 Reorder.Call Toll-Free 141OPe7e4627
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
Fresno ss.
On May 24, 2006 before me, Norma Cecil, Notary Public
Date Name and Title of ORloar(e.g.,'Jane Doe,Notary PWkj
personally appeared Gary R. Serrato
Nar*s)of Signer(s)
19 personally known to me
❑proved to me on the basis of satisfactory evidence
to be the person(s)whose name(s) is/are subscribed
NORMA CECIL to the within instrument and acknowledged to me that
ConnNMlon#1631223 he/she/they executed the same in his/her/their
INolory c
Frefno C"** authorized capacity(ies), and that by his/her/their
-IRREOWiMyCa�+rn Bq�Mr�pec 1a- signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS Awtt
nd and official seal.
Place Notary Seal Above
Signature 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 Exhibit"A"
Title or Type of Document:
Document Date: May 24, 2006 Number of Pages: 2
Signer(s) Other Than Named Above: Dennis S. Pamagian
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑Limited ❑General ❑ Partner—❑ Limited ❑General -
❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact Top of thumb here
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 NatlorW Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder.Call TW-Free 1-8068768927