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Home My WebLink AboutPM 1996-22 - Agreement/Covenant - 9/20/2006 (4) WHEN RECORDED MAIL TO: City Clerk 0910612006,20060187226 City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 NO FEE -Government Code 6103 CITY OF FRESNO OFire Department LL Z O U Lu cn a W J CL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT RESTRICTING STRUCTURES ON PARCEL H OF PARCEL MAP NO. 96-22 r STATEMENT OF COVENANTS Restricting Structures Parcel Map No. 96-22 Page 2 RECITALS WHEREAS, DENKEN FARMS, a California Limited Partnership, hereinafter referred to as the "Covenantor," is the owner of that certain 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 through K, inclusive,of Parcel Map No. 96-22 according to the map thereof recorded on 040L- he4- 6 , 2006 in Book _6 of Parcel Maps at Pages 4 + 4 , 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, pursuant to the City Council action on April 20, 1999 approving the proposed street widths and alignments within the Subject Property, the Director of the Planning and Development approved Revised Vesting Tentative Parcel Map No.96-22 dated December 8,2005, hereinafter referred to as the "Tentative Map;" and . WHEREAS, such approved street widths and alignments rely on the future development of the real property abutting the Subject Property to the south to facilitate the completion of the public street system; and WHEREAS, a condition of approval of the Tentative Map requires fire protection services to be provided by the City of Fresno Fire Department; and WHEREAS, the City of Fresno Fire Department will provide fire protection services to all parcels of the Subject Property with 2-points of access (public street and/or private road); and STATEMENT OF COVENANTS Restricting Structures Parcel Map No. 96-22 Page 3 WHEREAS, for the purpose of approving and filing the parcel map for recording, all parcels of the Subject Property, except said Parcel H, satisfy the City of Fresno Fire Department's condition for 2-points of access from public streets or private roads; and WHEREAS, the Covenantor has filed Parcel Map No. 96-22 with the City of Fresno and is requesting the City to approve and record said Parcel Map subject to restricting the construction of structures on said Parcel H until such time all requirements of the City of Fresno Fire Department are satisfied. COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on and approval of theCovenantors application for approval of said Final Map, 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 to not construct any structures on said Parcel H until development proposals pursuant to a special permit (Site Plan Review or Conditional Use Permit, whichever may apply) and building plans are approved by the City of Fresno Fire 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 STATEMENT OF COVENANTS Restricting Structures Parcel Map No. 96-22 Page 4 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 geographic boundaries include the Subject Property. 3. The foregoing conditions shall remain in full force and effect until such time as the City of Fresno Fire Department finds the enforcement of such condition is no longer necessary. 4. 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. f t t • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT t (, State of California County of Fresno ss. ( I I On August 3, 2006 , before me, Diana L. Rodriguez, Notary Public , I 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) KXpersonally known to me El V4WUWyG"*"ftWMW8N"XX to be the person(s) whose name(s) **are DIANA L. RODRIGUEZ ( COMM. #1496289 subscribed to the within instrument and NOTARY PUBLIC•CALIFORNIA acknowledged to me that heishWthey executed ( F' FRESNO COUNTY the same in h01SXxx/their authorized ( My Comm.Expires June 24,2008 capacity(ies), and that by ioS heir/their I 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 o 'cial seal. tnulkA V, Kod)v r 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 I and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ( Title or Type of Document: I Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ( ❑ Individual � Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ( ❑ Attorney in Fact ( ❑ Trustee ❑ Guardian or Conservator ❑ Other: I' I Signer Is Representing: t 0 1999 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder.Call Toll-Free 1-80D-876-6827 STATEMENT OF COVENANTS Restricting Structures Parcel Map No. 96-22 Page 5 DATED: o ? 22 0 e. CITY OF FRESNO, COVENANTOR a Municipal Corporation DEN4EARS, a Calted P e ship By: y:Randy . Brueg nFire Chief ;D ' r gian, General Partner Fire Department Parnagian, Genera{ Partner APPROVED AS TO FORM: JAMES C. SANCHEZ (Attach Notary Acknowledgments) City Attorney Q,�1� By: 'I . - 40 Deputy CLERK'S CERTIFICATION State of California) County of Fresno) On August 24. 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Randy R. Bruegman, Fire Chief, 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