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Home My WebLink AboutPM 1998-08 - Agreement/Covenant - 8/11/2006 98 1 53030p,--- COi FOR..&A CENTRAL TITLE COMPANY Recording Requested By: RECORDED IN 0 REC A Development Department FRESNO C ,CALIFORNIA City of Fresno AT MIN PAST M No Fee Required: Gov't Code§§6103,27383 OCT 2 1 1998 RETMTo: FRESNO COUNTY,CALIFORNIA CITY OF FRESNO WU M C.GREENWOOD,County Recorder DEVIIAPMEn DFPARTNMM FEE 2600 Fre®o&rod 5 FRESNO CA 93721-3604 SPACE ABOVE THIS LINE FOR RECORDER'S USE STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT (For Cross-Access, Surface Drainage and Cross-Lot Utility Access and Maintenance for Parcels A and B of Parcel Map No. 98-08 WHEREAS, LA CANADA HOLDING CO., a California 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 as Parcels A and B of Parcel Map No. 98-08, recorded in Book of Parcel Maps at 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 intends to develop the Subject Property in such a manner that any vehicles using one of the two Parcels may be compelled to access through or use the other Parcel for ingress and egress and parking; and -1- WHEREAS, surface drainage from on-site improvements on the Subject Property is expected to drain across Parcel boundaries to satisfy site engineering requirements pursuant to the Fresno Municipal Code; and WHEREAS, only one sewer lateral currently serves both of the two Parcels A and B, and there are or may be only one conduit, pipe, or cable for any of various other utilities for both of the two parcels; and WHEREAS, the Fresno Municipal Code and conditions of Approval of Tentative Parcel Map No. 98-08 require that there be provided and maintained in connection with each said Parcel, adequate parking, driving areas, surface drainage systems and utility conduit systems. 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 Parce! Map No. 98-08 for the Subject Property as referred to herein above, 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 shall run with the -2- Subject Property and be binding on each successive owner of the Subject Property and his or hers heirs, administrators, successors, and assigns. COVENANTS, CONDITIONS, AND RESTRICTIONS 1. The Subject Property shall be developed and occupied subject to providing adequate parking, vehicular access, drainage systems and utility conduits and connection services (including both water and sewer) as provided in the Fresno Municipal Code as determined and approved in writing by the Director of the Development Department of the City. 2. Each of Parcels A and B shall be used only in such a manner as to enable cross-access/ingress-egress, shared parking and drainage, cross-lot utility access and maintenance, between the two parcels as approved under a site plan by the City and regardless of whether Parcels A and B are owned by the same or different persons. 3. Covenantor shall use the Subject Property in such a manner that will not limit or impair adequate drainage, parking and vehicular access, and utility conduit systems from extending across the mutual boundary lines of the individual Parcels of the Subject Property as the same is approved by the City under a site plan. 4. At such time Covenantor sells or transfers any Parcel over which parking or vehicular access or drainage or utility conduit system is required for use by any of the remainder of the Subject Property, the Covenantor shall reserve and except from the deed or conveyance to the purchaser of the Parcel sold or transferred, an easement for ingress and egress, parking, drainage and utility conduit system usage -3- 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. At such time Covenantor sells or transfers any Parcel entitled to use any remainder of the Subject Property for parking or vehicular access or drainage or utility conduit system, the Covenantor shall concurrently reserve for the benefit of the purchaser of the Parcel sold or transferred an easement for ingress and egress, parking, drainage and utility conduit system usage over, under, through and across the remaining portion of the Subject Property for the benefit of the lot/parcel sold or transferred to meet the requirements of the Fresno Municipal Code as they then exist. Should Parcels A and B be in separate ownership, cost of maintenance and repair of any shared facility or portion of facility shall be the responsibility of the property owner on whose parcel the facility or portion of facility is situate, unless otherwise agreed between the property owners of Parcel A and B by written agreement or as designated under a grant of easement. 5. 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. - 6. The conditions of this Statement are for the benefit of the public and public properties. 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 violates -4- he terms hereof. 7. 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. 8. 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: (01044 CITY OF FRES 0, COVENANTOR a Municipal Cor oration LA CANADA HOLDING COMPANY a C. Corp ration By Alvin P. Solis, Director , Development Department By APPROVED AS TO FORM: Name: L i nda Arno 1 d Title: Vice ;President Hilda u-Montoy Ci ttorney By Name: By: 000 Tide: (Attach Notary Acknowledgment) AWC:be 1bep.AWC.1 9/28M -5- . State of C4 County of 41'qInt- On ( before me, e L(/I oC-�R S.r q�✓e DATE n NAME,TITLE OF OFFICER-E.G.,")A 4E DOE,NOTARY PUBLIC" personally appeared 4, n)0(A /Q2nlD�� NAMES)OF SIGNER(S) .• $personally known to me-OR-0 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),or the entity upon behalf of which _ the person(s) acted, executed the instrument. Barbara Brown �° U Comm.#1070938 i.; IT S m hand tcial seal. (� NOTARY PUBLIC-CALIFORN `-` y ALACOUNTY Exp. f F R Comm �;:p.Sept.4,1990 sX'. - 1 ./_`A, Q G(/L SIGNATURE OF NOTARY DESCRIPTION OF ATTACHED DOCUMENT DFSCRIMON OF DOCUMENT(OPTIONAL) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On 06tober 9th, RAS before me, Jocelyne Gueret personally appeared, Alvin P. Solis, Development Department 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 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), or the entity upon behalf of the City of Fresno which the person(s) acted, executed the instrument. WITNESS my hand and official city seal. REBECCA E. KLISCH CITY CLERK i By IDEPU6