HomeMy WebLinkAboutPM 1998-15 - Agreement/Covenant - 8/11/2006 (2) ,qp
02/26/1999,19990030536
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Tentative Parcel Map No. 98-15 Development Department
City of Fresno
STATEMENT OF COVENANT
AFFECTING LAND DEVELOPMENT
(Tentative Parcel Map No. 98-15)
Restricting Land Use and Land Development
WHEREAS, the undersigned, Stephen Investments, Inc., a California
Corporation ("Covenantor"), hereby represents and warrants that it is the record owner
of the following described real property ("Subject Property") situated in the City of
Fresno, County of Fresno, State of California:
The North three-fourths of the North half of the East half of Lot 1 in Block "A"
of Wolters Colony, according to the map thereof recorded in Volume 2 Page 10
of Plats, Fresno County Recorts.
Excepting therefrom the West 150 feet thereof.
WHEREAS, 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
Covenant To Restrict Use and Development of Land
Tentative Parcel Map No. 98-15
Page 2
WHEREAS, an application for a tentative parcel map has been filed with the
City of Fresno which proposes the creation of 5 parcels on the Subject Property; and
WHEREAS, the Subject Property is zoned C-2, Community Shopping Center
District; and
WHEREAS, the site is designated by the Hoover Community Plan and the
Fresno Air Terminal Environs Specific Plan for development with Neighborhood
Commercial Land Uses; and
WHEREAS, the C-2 Land Use Zone District designation is not consistent in
every respect with the Neighborhood Commercial Land Use designation of the site; and
WHEREAS, the Hoover Community Plan and the Fresno Air Terminal Environs
Specific Plan list the C-1, Neighborhood Shopping Center District, zone district as
consistent with the Neighborhood Commercial Land Use designation; and
WHEREAS, Section 66473.5 of the Subdivision Map Act requires the land use
of the tentative parcel map be consistent with the General Plan or Specific Plan; and
WHEREAS, the Covenantor desires to develop the Subject Property without
rezoning the site of the tentative parcel map to the C-1 zone district or without
amending the community and specific plans to the Community Commercial Land Use
designation, and request that the City of Fresno approve the tentative parcel map and
issue all necessary permits to allow such development.
NOW, THEREFORE, as required by said Subdivision Map Act of the California
Covenant To Restrict Use and Development of Land
Tentative Parcel Map No. 98-15
Page 3
Government Code, and the City of Fresno, and in consideration of the foregoing, and
the approval by the City of Fresno of the tentative parcel map and the issuance by said
City of the necessary special and/or building permits and certificates in connection with
said use, the Covenantor hereby covenants, promises, and agrees with the City, for the
benefit of said City, its public property, and the Subject Property, as follows:
1. All uses on the Subject Property shall be only those use permitted by right
or by conditional use permit in the C-1, Neighborhood Shopping Center
District, and development of the Subject Property shall be in accordance
with the property development standards of the C-1, Neighborhood
Shopping Center District.
2. Upon the redistricting of the Subject Property to the C-1, Neighborhood
Shopping Center District or upon the amendment of the Hoover
Community Plan and the Fresno Air Terminal Environs Specific Plan to
the Community Commercial Land Use designation for the Subject
Property, this covenant agreement shall become null and void..
3. The failure to abide by the terms of this covenant may result in the
revocation of the Certificate of Occupancy for the use of any portion of
the Subject Property affected, in addition to other penalties and remedies
available to City.
4. Whenever the context hereof requires, the neuter shall include the
Covenant To Restrict Use and Development of Land
Tentative Parcel Map No. 98-15
Page 4
masculine or feminine, or both, and the singular shall include the plural.
It is the intention hereof that this shall constitute a covenant running with
the land owned by the Covenantor, jointly and severally binding upon the
undersigned and each of its heirs, representatives, successors and assigns.
5. The Covenant shall be released and of no further effect upon a written
determination by the Director of the Development Department of the City
of Fresno that its continued existence and enforcement are no longer
necessary.
DATE COVENANTOR
C ?FFR:ESNO, STEPHEN INVESTMENTS, INC.,
a Municipal Corpo tion a California Corporation
By By
Alvin P. Solis, Director . Stephe Pfilibos, President
Development Department
APPROVED AS TO FORM:
Hilda Cantu Montoy
City r ey (Attach Notary Acknowledgment)
By (/''
Covenant To Restrict Use and Development of Land
Tentative Parcel Map No. 98-15
Page 5
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )ss.
CITY OF FRESNO ) GUEP-G-T-
personallyap
On — , 1999beforeme, -OC E LYNt✓peare Alvin P. Solis , Development Dept . Director
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 which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
By C-T ML,
DE TY
cwp/COVTPM9815
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fk C go
On ( - 2� - �� before me, l�U— �{ ,
— DArr---�- ` i
personally appeared 'c . S rE 2I-A LN
C,personally known to me - OR - ❑ proved to me on the basis of satisfactory
evidence) to be the person(:whose name( Ware- NOTARY STAMP OR SEAL
subscribed to the within instrument and
acknowledged to me that he/s#e/thWexecuted the
same in his/NiWthei- authorized capacity(ies}, and
that by his/her/t4ie+�signature(* on the instrument
the person(4, or the entity upon behalf of whichKAREN L. RAMSDEN
the person(s) acted, executed the instrument. ..QMY
Comm.+11119926 'n
NNOTARY PUBLIC-CALIFORNIA =`
Fresno County
Comm. Expires Me 13,2002
WITNESS my hand and official seal.
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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
❑ CORPORATE OFFICER
TITLE OF DOCUMENT
TITLES)
ElPARTNER(S) ❑ LIMITED
❑ GENERAL
❑ TRUSTEE(S)
El ATTORNEY-IN-FACT NUMBER OF PAGES
❑ GUARDIAN/CONSERVATOR
❑ OTHER
DATE OF DOCUMENT
PERSON SIGNING IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE