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Home My WebLink AboutPM 1998-12 - Agreement/Covenant - 8/11/2006 Recording Requested by: Development Department City of Fresno No Fee Required: Gov't Code §§ 6103, 27383 12/31/1998,98189848 RETURN TO: CITY OF FRESNO Development Department 2600 Fresno Street Fresno, California 93721-3604 ----------ABOVE SPACE FOR RECORDER'S USE---------- Address: 5425 W. Spruce Avenue Development Department APN: 502-020-33 City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT (For Cross-Access, Surface Drainage and Cross-Lot Utility Access and Maintenance f'or Parcels A through 11: of Parcel Map No. 98-12)) WHEREAS, Michael and Norma Childers, husband and wife, as joint tenants 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 F of Parcel Map No. 98-12, recorded in Book of Parcel Maps at Pages )'o?hresno 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 1 h WHEREAS, the undersigned intends to develop the Subject Property in such a manner that any vehicles using any of the six Parcels may be compelled to access through or use the other Parcels for ingress and egress and parking; and 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 all Parcels and there are or may be only one conduit, pipe, or cable for any of various other utilities for all of the parcels; and WHEREAS, the Fresno Municipal Code and Conditions of Approval of Parcel Map No. 98-12 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 Parcel Map No. 98-12 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 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 2. Each of the Parcels 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 the Parcels 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 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 through F 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 through F 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 3 equitable means against the Covenantor and such person or persons in actual possession of Subject Property who directly or who through any agent violates the 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 enforceability 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: _ � _ v CITY OF FRESNO, COVENANTORS a Municipal Corporation Michael Childers and Norma Childers, Husband and Wife as Joint Tenants By: 4inP.ASolis,::Dir�ector�� Development Department By: �.�✓ APPROVED AS TO FORM: Name: / e'�i�� tie: Hilda CantiyMontoy City� Mey By: Name: By: Title: 4 CLERK'S CERTIFICATION STATE OF CALIFORNIA) ss. COUNTY OF FRESNO ) On December 22nd , 1998 before me, Jocelyne Gueret personally appeared Alvin Solis, Development 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 this 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. KLISH CITY CLERK BY eputy tttachnotary A owledgments) 5 BANKOF THEWEST NOTARY ACKNOWLEDGEMENT STATE OF CALIFORNIA ss. County of On Delo_e-1/22�2 t' y ,before me,k le,a4 LlSt°hGC/;^/U�Z��1��D�G, / ((Now of Nj iue) personally appeared L,/ �/chae—�V ��/J//Gt'�!S Di?/� 1741/,PqCL ��1//CJ i�f 5 ,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 which the person(s)acted,executed the instrument. WITNESS my hand and official seal. JEAN OLSEN WRIGHT r COMM. #1169126 c t NOTARY PUBLIC-CALIFORNIAN. FRESNO COUNTY + My Comm.Expires Jan. 11,2002 (sea) Primed on Recycled Paper 030-04242(REV.31841