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Home My WebLink AboutPM 1996-24 - Agreement/Covenant - 8/10/2006 C 4 E D ?-F,TVQ�w Toll .. __ 11/02/21101,20010181981 2 F 30,4 r A 7 2 1- X: 1�1111.1.. 7:777 ... ....... ..... .. ... 13 USE- OW A V ..A Ef ... ........ Final Parcel Map No. 96-24 Planning and Development P.W. File No. 5494-96-24 Department - City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT RESTRICTING LAND USE AND LAND DEVELOPMENT (Tentative Parcel Map No. 96 - 24) RECITALS A. WHEREAS, HYDRO CONDUIT CORPORATION, a Delaware Corporation, 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 in the attached Exhibit "A", B. 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. C. All such instruments of Subordination, if any, are attached hereto and made a part of this instrument. D. An application for a tentative parcel map has been filed with the City of Fresno which proposes the creation of one parcel with one remainder on the Subject Property. E. The Subject Property is zoned M-3, Heavy Industrial District and this site is designated by the Bullard Community Plan for development with Light Industrial Land STATEMENTS OF COVENANTS Restricting Land Use and Development Parcel Map No. 96-24 Page 2 Uses. The M-3 Land Use Zone District designation is not consiistent in every respect with the Light Industrial Land Use designation of the site. The Bullard Community Plan list the M-1, Light Industrial District, zone district as consistent with the Light Industrial Land Use designation. Section 66473.5 of Subdivision Map Act requires the land use of the tentative parcel map be consistent with the General Plan or Specific Plan. F. The Covenantor desires to develop the Subject Property without rezoning this portion of the site of the tentative parcel map to the M-1 zone district or without amending the community and specific plans to the Heavy Industrial Land Use designation, and request that the City of Fresno approve the tentative parcel map and issue all necessary permits to allow such development. COVENANTS. CONDITIONS, AND RESTRII3TIONS NOW, THEREFORE, as required by said Subdivision Map Act of the California Government Code, and the City of Fresno, and in consideration of the foregoing, and the approval by the City of Fresno to the tentative parcel map and the issuance by said City of the necessary special and/or building permits and certificates in connection with said use, the Covenantor hereby covenants, promises, and agrees with the City, for the benefit of said City, its public property, and the Subject Property, as follows: 1. All uses on the Subject Property shall be only ihose use permitted by right or by conditional use permit in the M-1, Light Industrial District and development of the Subject Property shall be in accordance with the property development standards of the M-1, Light Industrial District. 2. Upon the redistricting of the Subject Property to the M-1, Light Industrial District or upon the amendment of the Bullard Community Plan to the i STATEMENTS OF COVENANTS Restricting Land Use and Development Parcel Map No. 96-24 Page 3 Community Commercial Land Use designation for the M-3 portion of the Subject Property, this covenant agreement shall become null and void. 3. The failure to abide by the terms of this covenant may result in the revocation of the Certificate of Occupancy for the use of any portion of the Subject Property affected, in addition to other penalties and remedies available to the City. 4. Whenever the context hereof requires, the neuter shall include the masculine or feminine, or both, and the singular shall include the plural. It is the intension hereof that this shall constitute a covenant running with the land owned by the Covenantor, jointly and severally binding upon the undersigned and each of its heirs, representatives, successor and assigns. 5. The Covenant shall be released and of no further effect upon a written determination by the Director of the Planning and Development Department of the City of Fresno that its continued existence and enforcement are no longer necessary. STATEMENTS OF COVENANTS Restricting Land Use and Development Parcel Map No. 96-24 Page 4 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation HYDRO CONDUIT CORPORATION A Delaware Corporation By: L N c P. Yovino, Director PI ning and Development Department B Y: APPROVED AS TO FORM: Ronald E. Bai , Vice President Hilda Cantu Montoy City Attorney (Attach Notary Acknowledgment) By: 4� Deputy rcl/J:/rclfiles/documents/COVPM 96-24 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On October 30 , 2001 before me, Elvia Sommerville personally appeared _ Nick P. Yovino, Developrmnt Director personally known to me (or proved to me on the basis of satisfa;,tory evidence) to be the persons(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 c,apacity(ies), and that by his/her/their signature(s) on the instrument(s) the person(s), or the entity upon behalf of the CITY OF FRESNO which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK a 6 By - DEPUTY State of c '�'oti6, County of /tl't .r-!,Jt On 10/10/01 before me, C- /�..� ,NotMY Public,personally appeared 12 dNa ld f. ��a: fav , proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signature on the instrument the person, or the entity upon behalf of which the person actcd, executed the instrument. WITNESS my hand and official s-al. Signature of Notary "OFFICI �L SEAL" James G.Rowh Notary Public-Arizona Marioopa Coun M Commission t EXHIBIT "A" STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT RESTRICTING LAND USE AND LAND DEVELOPMENT (Tentative Parcel Map No. 96-24) LEGAL DESCRIPTION THE SUBJECT PROPERTY REFERRED TO IN THESE COVENANTS IS DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION ,3, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN; THENCE SOUTH 89' 47' 57" EAST, A DISTANCE OF 30 FEET TO THE NORTHWEST CORPIER OF PARCEL 1 OF PARCEL MAP NO. 2400 ACCORDING TO THE MAP THEREOF RECORDED DECEMBER 20, 1974 IN BOOK 15 PAGE 4 OF PARCEL MAPS, FRESNO COUNTY RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 89' 47' 57" EAST, ALONG THE NORTH LINE OF SAID PARCEL 1 A DISTANCE OF 1080.05 FEET'TO POINT ON A NONTANGENT CURVE WITH A RADIUS OF 367.25 FEET AND TC WHICH BEGINNING A RADIAL LINE BEARS NORTH 230 31' 15" EAST, THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 570 51134" AN ARC DISTANCE OF 370.86 FEET; SAID CURVE ALSO BEING THE SOUTHWESTERLY LINE OF THAT PROPERTY CONVEYED BY DEED RECORDED FEBRUARY 28, 1975 IN BOON;6403 PAGES 253 AND 254 OF OFFICIAL RECORDS, DOCUMENT NO. 14194; THENCE SOUTH 08° 37' 11" EAST, A DISTANCE OF 51.18 FEET ALONG SAID SOUTHWESTERLY LINE OF PROPERTY DEEDED PER DOCUMENT NO. 14194 TO THE EAST LINE OF SAID PARCEL 1 OF SAID PARCEL MAP NO. 2400; THENCE SOUTH 00° 26'55" EAST, ALCNG THE EAST LINE OF SAID PARCEL 1 A DISTANCE OF 329.96 FEET; THENCE NORTH 89° 48'48" WEST, A DISTANCE OF 6.00 FEET; THENCE NORTH 89°47'57" WEST, A DISTANCE OF 1294.04 FEET TO A POINT ON THE WEST LINE OF PARCEL 1 OF SAID PARCEL MAP NO. 2400; THENCE NORTH 00035'20" WEST ALONG THE WEST LINE OF ;SAID PARCEL 1, A DISTANCE OF 661.51 FEET TO THE TRUE POINT OF BEGINNING.