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Home My WebLink AboutPM 1997-01 - Agreement/Covenant - 8/10/2006 (2) 7 2 CSI! i1�EAlTH LAJ�f Ti f" 970784 >�,WT0. CG; ;A=��c — MIN. PASTV M CITY OF FRESNO JUN 1 9 1997 DEVEWPMEW DFPARTmENT 2600 Frmo Strut FRESNO CA 93721-3604 FRESNO COUNTY, CALIFORNIA WILLIAM C. GREENWOOD, County Recorder Donita Ghimenti FEE :7] .. _. Y C6I7 - R $ ABavE sg , RCaR�Er use... P.W. File No. 5494-97-01 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT (For Cross-Access and Surface Drainage for Parcels D and E of Parcel Map No. 97-01) WHEREAS, COLBURN R. THOMASON AND VALDENE THOMASON, Husband and Wife, as Community Property, hereinafter referred to as "the Covenantors," are the owners 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 D and E of Parcel Map No. 97-01, recorded in Book 5�k— of Parcel Maps of Pages , Fresno County Records, Fresno County; 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 WHEREAS, all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and WHEREAS, the undersigned has or intends to construct on said Subject Property, buildings, and driveways in such a manner that vehicles using parts of the Subject Property will be compelled to use portions of the other Parcels for ingress and egress; and o WHEREAS, the surface drainage from the on-site improvements for the Subject Property will drain across portions of each Parcel to satisfy the requirement of the Fresno Municipal Code; and WHEREAS, the City of Fresno requires that there be provided and maintained in connection with each said Parcel, adequate parking, driving areas and drainage systems sufficient to satisfy the requirement of the Fresno Municipal Code. NOW, THEREFORE, As required by said Fresno Municipal Code, and the City of Fresno, and in consideration of the foregoing, and the issuance by the City of the necessary special and/or building permits and certificates in connection with said use, and for favorable action on, and approval of, the Covenantor's application for approval of a Final Map of Parcel Map No. 97-01 for the Subject Property as referred to hereinabove, 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. COVENANTS. CONDITIONS. AND RESTRICTIONS 1. The Subject Property will be developed and occupied subject to providing Page 2 adequate drainage and vehicular access as provided in the Fresno Municipal Code as determined and approved in writing by the Director of the Development Department of the City. 2. Coventantors shall use said land in such a manner that will not impair, adequate drainage and vehicular access from or across the boundary lines of the individual Parcels of the Subject Property. 3. At such time Covenantors sell or transfer any Parcel over which vehicular access or drainage is required for use by any of the remainder of the Subject Property, the Covenantor shall reserve and except from the deed to the purchaser of the Parcel sold or transferred, an easement of ingress, egress and drainage over and across said lot/parcel for the benefit of the remaining portion of the Subject Property to meet the requirements of the Fresno Municipal Code as they then exist. 4. The failure to comply with the covenant may result in the revocation of the Certificate of Occupancy by the City for use of any said Parcels involved, as well as actions to enforce said Covenant in law or in equity by the City of any subsequent owner of said individual Parcel or Parcels 5. 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. Page 3 6. The foregoing conditions shall remain in full force and effect until such time as the City of Fresno, pursuant to the district amendment procedure of the Fresno Municipal Code, finds the enforcement of such condition is no longer equitable. 7. 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. DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation COLB R. THOM AND V NE THOM , Husband and By Wi m r Alvin . Solis, Director Development Department olburn R. Thomason APPROVED AS TO FORM: Hild C o oy By Ci Att Valdene Thomason By (Attach Notary Acknowledgment) Page 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of L /F-Q IQ N i A County of r-o2_4e� M 0 On 6'(v l /q ✓,2 before me, _ L__l AIL 60Z_6L•tA4 , DATE NAME,TITLE OF OFFICER.EO..'JANE DOE,NOTARY PUBLIC' personally appeared en L 6a-C J 7/Mw /4 5 d Aj nA4)4 NAMES)OF SIGNERS) )'Versonally 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 the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their Linda Bozsum signature(s) on the instrument the person(s), � Comm 0999112 or the entity upon behalf of which the NOTA Y PUBLIC FRESNO C( �N tJ person(s) acted, executed the instrument. Comm.Eapnn July S.I"? � WITNESS my hand and official seal. wNATUREJ&NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMfrED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR i, ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAM OF PERSON(S)OR ENTITYpES) t SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park CA 91309-7184 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) V C On , 1997 before e, � personi&y appeared (,(L2- personally known to me (or proved to me on the basis of satisfactory 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 capacity(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 of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK c u By DEPUTY