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Home My WebLink AboutPM 1998-09 - Agreement/Covenant - 8/11/2006 A r CITY OF FRESNO DEVELOPMENT DEPARTMENT 2600 FRESNO STREET FRESNO CA 93721-3604 6.7 .712'21 eLeASE CONFORM ABOVE=SRACE FOR RECORDER'S USE P.W. File No. 5494-98-09 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR CROSS-ACCESS, SURFACE DRAINAGE AND CROSS PARCEL UTILITY ACCESS AND MAINTENANCE FOR PARCEL MAP NO. 98-09 SUBORDINATION FOR THE DEED OF TRUST WHEREAS, A.I.M. PROPERTIES, a California General Partnership, hereinafter referred to as "the 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 and by this reference made a part of this Statement of Covenants: Parcel A, and B of Parcel Map No. 98-09 according to the map thereof recorded in Book of Parcel Maps at Page and , Fresno County Records. 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 r ' Statement of Covenants Parcel Map No. 98-09 Page 3 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 Parcel 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 to the purchaser of the Parcel sold or transferred, an easement of ingress, egress, parking, drainage and utility conduit system usage over and across said 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 Statement of Covenants Parcel Map No. 98-09 Page 5 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 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. DATED: 4, /";�7, /99� CITY OF FRESNO, COVENANTOR a Municipal Corpora . n A.I.M. Properties, a General Partnership By Alvin FS-0-lis, Director By: Development Department Ivan F. Altamura, Partner By: Altamura Family Trust Dated June 4, APPROVED AS TO FORM: 1991, as partner HILDA CANTIJ MONTOY City Attorney By Augu Altamura, Trustee By By: Michael D. Najimian Revocable Living Deputy Trust Agreement Dated August 3, 1993, as Partner By: . Najimian, Trustee ch Notary Acknowledgment) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On 1999, before me, , �r)C.V_'L\41VF7 CTUEREl' personally appeared AN . Solis personally known to me (or provided to me on the basis of satisfactory evidence) to 6be 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. CITY CLERK REBECCA E. KLISCH l By AA DEP A.I.M. Properties, a General Partnership 1532 South Homsy Avenue Fresno, CA 93727 BJW:bjw(04/07/1999) Final Parcel Map No 98-09 Cross Access Covenant.wpd CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of r 2en'N D On2 9q before me,�)W C t [lactS N APZ- , personally appeared �uauSh k 1+A MLQfA personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence) to be the person(s) whose name is/0 NOTARY STAMP OR SEAL subscribed to the within instrument and acknowledged to me that he/�ValthK executed .1119Mb. am MSG"GONZAM the same in his/ t66,4�authorized capacity(i ), 81120113 NoW —Cali and that by his/h�/tl� signatureX on the ACountybrft 1"�AZlla instrument the person(, or the entity upon behalf M'Cam.E""istDeC'a2o°° of which the person acted, executed the instrument. WITNESS my Pand and of icial seal. V SiCnAT70F NOJAJ OPTIONAL The date below is not required by law, though it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OFATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF DOCUMENT TME(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Cl TRUSTEE(S) C1 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT PERSON SIGNING IS REPRESENTING: W AAE Of PERSOH(S)OR QIf WQFSI SIGNER(S) OTHER THAN NAMED ABOVE • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On havu1999 before me, Katie Nazaroff, notary public , personally appeared Karen S. Murphy E9 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are NOTARY STAMP OR SEAL 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 °F KATIE NAZAROFF 4UREK instrument the person(s), or the entity upon behalf COMM. #1084308 -� of which the person(s) acted, executed the ; NOTARY FR SNOICOUNTYORNIA ALFOPNMy Comm.Expires Jan.24,2000 instrument. WITNESS my hand and official seal. SIGNATUM OF OPTIONAL The data below is not required by law, though 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 5D CORPORATE OFFICER Subordination TITLE OF DOCUMENT TmE(s> ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 1 ❑ TRUSTEE(S) NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ GUARDIAN/CONSERVATOR ❑ OTHER May 4, 1999 DATE OF DOCUMENT PERSON SIGNING IS REPRESENTING: NAME OF PERSONS)OR BMTY(IES) Regency Service Corporation SIGNER(S) OTHER THAN NAMED ABOVE