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Home My WebLink AboutPM 1998-15 - Agreement/Covenant - 8/11/2006 PLEASE COF,,I�0:>'t` 02/25/1999,19990030541 ABOVE SPACE FOR RECORDER'S:USE : P.W. File No. 5494-98-15 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. 98-15 WHEREAS, STEPHEN INVESTMENT, INC., a California Corporation, 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 B, C, and D of Parcel Map No. 98-15 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 Statement of Covenants Parcel Map No. 98-15 Page 2 WHEREAS, the surface drainage from the on-site improvements for the Subject Property will drain across portions of each Parcel to satisfy the requirements 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 parldng, driving areas and drainage systems sufficient 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, a sanitary sewer service connection to be extended across Parcels to satisfy the requirements of the Fresno Municipal Code; and 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. 98-15 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. Statement of Covenants Parcel Map No. 98-15 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, B, C, and D 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, B, C, and D 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 Statement of Covenants Parcel Map No. 98-15 Page 4 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, B, C, and D 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 is situate, unless otherwise agreed between the property owners of Parcel A, B, C, and D by written agreement of a 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 intended to benefit 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 violate the terms hereof. Statement of Covenants Parcel Map No. 98-15 Page 5 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 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. DATEDrpora: CITY F NO, COVENANTOR a Municipal Coon STEPHEN INVESTMENTS, INC, a California Corporation By Alvin P Solis, Director Development Department By Pilobos, President APPROVED AS TO FORM: 7816h&n HILDA CANT(T MONTOY City Attorne By (Attach Notary Acknowledgment) De CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On - - before me, PLJI�Lfe , DEN personally appeared M personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence) to be the person(, whose name(M is/we- NOTARY STAMP OR SEAL subscribed to the within instrument and acknowledged to me that he/site/they executed the same in his/hw/the authorized capacity0es}; KAREN L. RAMSDEN and that by his/her/t4ieif- signature(W on the — Comm.1�1119926 instrument the person(, or the entity upon behalf N NOTARY PUBLIC-CALIFORNIA N Fresno County of which the person(4 acted, executed the M Comm. Ex irec Me 13 1002 instrument. WITNESSmy and and official se Sir. A U s..:;::: :::.:::. ::::::::::::.::::•::: ...:::::•:...... 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 OFATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ TRUSTEE(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT PERSON SIGNING IS REPRESENTING: wMe of verrsa+lsl ort emnt�sl SIGNER(S) OTHER THAN NAMED ABOVE CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On 2/24 , 1999, before me, J oc e l y n e Gu B r e t personally appeared Alvin P. Solis personally known to me (or provided 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. CITY CLERK REBECCA E. KLISCH ,r ByI' Ai 0 (SD Y BJW:bjw(0111311999) Final Parcel Map No 98-15 Covenant.wpd