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Home My WebLink AboutPM 1998-17 - Agreement/Covenant - 8/11/2006 Retyo-P Ta : CITY OF FRESNO 11/01/1999,199901S8S52 DEVELOPMENT DEPARTMENT 2600 FRESNO STREET FRESNO CA 93121-3604 PLEASE CONFORM .:>:::: SPACEFORRCOWbTYABOVE � ..................... . Parcel Map No. 98-17 Development Department APN: 487-170-01 & 478-080-29 City of Fresno COVENANT and EASEMENT (For Cross-Access for Emergency Access) WHEREAS, the undersigned, SANGER BOATS INC. , a California Corporation, hereinafter referred to as "Covenantors" hereby represents and warrants that they are the record owners of the following described real property ("Subject Property") situated in the City of Fresno, County of Fresno, State of California: Q(� Parcel A and B of Parcel Map No. 98-17, recorded in Volume_�L at Pages 7d and , as Document No. , Fresno County Records, Fresno County. Which property currently consists of two parcels, each of which may be sold; and, Parcel A shall be hereinafter referred to as "Parcel A"; and, Proposed Parcel B shall be hereinafter referred to as "Parcel B" ; and, "Parcel A" and "Parcel B" shall be hereinafter collectively referred to as the "Subject Property"; WHEREAS, the undersigned has or intends to construct on said Subject Property, buildings, and driveways in such a manner that emergency vehicles using parts of the Subject Parcels will be compelled to use portions of the other Parcels for ingress and egress; and, WHEREAS, the City of Fresno requires that there be provided and maintained in connection with each of said Parcels, two points of emergency access to each of the Subject Parcels; and, WHEREAS, in order to provide a second emergency access, it is necessary to create Covenant and Easement for Cross Access for Emergency Access Page 2 separate access easements upon each of the Subject Parcels so that the easements operate reciprocally; and, WHEREAS, the Covenantors 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 part of this instrument. NOW, THEREFORE, as required by the Fresno Municipal Code, and the City of Fresno, and in consideration of the foregoing, and the issuance of said the City's approval of the parcel map and of the necessary special and/or building permits and certificates in connection with said use, the undersigned hereby covenant and promise for themselves, their successors and assigns, for the benefit of said City, its public property and the Subject Property, as follows: 1. Each of the Subject Parcels shall be developed, use and occupied subject to providing adequate emergency access as provided in the Fresno Municipal Code as determined and approved in writing by the Fire Chief of the Fire Department of the City of Fresno. 2. Covenantors shall use said land in such a manner that will not impair adequate emergency vehicular and personnel access from, between and across the common boundary lines of the individual Parcels of the Subject Property. 3. At such time Covenantors sell or transfer any Parcel over which emergency vehicular access 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 of emergency vehicles and personnel over and across said parcel for the benefit Covenant and Easement for Cross Access for Emergency Access Page 3 of the remaining portion of the Subject Property to meet the requirements of the Fresno Municipal Code as they then exist. 4. The failure to comply with this 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 Covenants in law or in equity by the City of any subsequent owner of said individual Parcel or Parcels. 5. The benefits and the burden of this covenant shall operate mutually and reciprocally between the Subject Parcels and shall run with the land and inure to the successors in interest to any portion or portions of the Subject Property. 6. All plans for development or improvement of said property shall be checked and approved by the Director of the Development Department of the City for compliance with the terms of this Covenant. 7. Whenever the context thereof requires, the neuter shall include the 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 Subject Property owned by the undersigned,jointly and severally binding upon the undersigned and each of their heirs, representatives, successors and assigns. 8. This Covenant shall remain in full force and effect until such time that the City and the owner(s) of the Subject Property agree in writing to its termination and release. Covenant and Easement for Cross Access for Emergency Access Page 4 DATED: This zj day of 1999. ACCEPTED BY: COVENANTORS CITY OF FRESN SANGER BOATS INC., a California Corporation Alvin . Solis, Directory Development Department By: Michael J. Davidson, Vice President APPROVED AS TO FORM By: Kathleen J. Davidson, HILDA CANTO-MONTOY Secretary/Treasurer City Attorn BY: eputy (Attach Notary Acknowledgment) State of RIGHT THUMBPRINT(OPTIONAL) L �+�-� W {� cc Countyof( Ong before me, f, 'j,ATUku Lt L& (DATE) / (NAME,TITLE OF OFFICER-I.E.,JANE DOE,NOTAR UBUC") personally appeared /�1��C_�. 601w(ti k CAPACITY CLAIMED BY SIGNER(S) (NAME(S)OF SIGNER(S)) ❑ INDIVIDUAL(S) halt �Crjl u& ( ❑ CORPORATE OFFICER(S) ❑ PARTNER(S) (TITLE(S)) I personally known to me - OR- ❑ proved to me on the basis of satisfactory evidence ❑ ATTORNEY IN FACT to be the person(s) whose name(s) is/are sub- ❑ TRUSTEE(S) scribed to the within instrument and acknowledged ❑ GUARDIAN/CONSERVATOR to me that he/she/they executed the same in ❑ OTHER: lieLISA FRANCO his/her/their authorized capacity(ies), and that by a COMM.#1172922 his/her/their signature(s) on the instrument the a �E NOTARY UWCr {pmUf00M1A� person(s), or the entity upon behalf of which the SIGNER IS REPRESENTING: MY Com.E0, OOA.t,2002 person(s) acted,executed the Instrument. (NAME OF PERSON(S)OR ENTITY(IES)) Witness my hand and official seal. (SEAL) (SIGNATURE OF TARY) ATTENTION NOTARY:The information requested below is OPTIONAL.It could,however,prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above ILCOTTS FORM 63240-ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATION!FINGERPRINT-Rev.12-92 01992 WOLCOTTS FORMS,INC. Covenant and Easement for Cross Access for Emergency Access Page 5 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On ;L2. 1999 before me, Jocelyne Gueret personally appeared Alvin sol is, 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 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. REBECCA E. KLISH CITY CLERK J / 0 ��B do aw'vyw— Y uty Attach Notary c nowledgments) Covenant and Easement for Cross Access for Emergency Access Page 6 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded July 30, 1998 in the office of the Fresno County Recorder as Document No.. 98106114 of which the Deed of Trust in, by and between Sanger Boats, Inc., a California Corporation, as Trustor, Central Title Company, a California Corporation as Trustee and Steven Ray Skochko and Allison Denise Skockho, Co-Trustees of the Skochko 1993 Living Trust dated April 18, 1993,as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficiary interest thereto to the foregoing covenant and easement for cross access for emergency access. Dated: October 1, 1999 STEVEN RAY SKOCHKO AND ALLISON DENISE SKOCHKO, CO-TRUSTEES OF THE SKOCHKO 1993 LIVING TRUST DATED APRT 18,1993 - i BY: STEVEN RAY SKOCHKO, TRUSTEE BY: G.�. -��/ �x c ate. L-A" , ALLISON DENISE SKOCHKO, TRUSTEE PP" STATE OF CALIFORNIA COUNTY OF FRESNO On October 1, 1999 before me, the undersigned, personally appeared STEVEN RAY SKOCHKO AND ALLISON DENISE SKOCHKO personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) 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 a person(s) acted, executed the instrument. SIGNAURE NOTARY FOR SAID COUNTY AND STATE �•_ „�, (Xt7) °° woa ao��01p "A n " I CERTIFY UNDER PENALTY OF PERJURY THAT THE "NOTARY SEAL" ON THE DOCUMENT TOWHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of Notary D. Walters Commission Number 1077949 Date Commission Expires November 19, 1999 Place of execution Fresno, California Date: October 1, 1999 (Govt. Code, Sec., 27361.7) Si nature (Firm name, if any)