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Home My WebLink AboutT-3648 - Agreement/Covenant - 6/21/2006 (2) �' s RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF FRESNO C/o DIRECTOR, DEVELOPMENT DEPARTMENT 2326 Fresno Street Fresno, CA 93721 COVENANT AFFECTING LAND DEVELOPMENT (TRACTS 3647 and 3648 DENSITY TRANSFER) A. PARR-FIG GARDEN DEVELOPMENT, a California corporation, hereinafter referred to as "the Covenantor, " is the owner of certain real property located in the City of Fresno, County of Fresno, State of California, more particularly described as all of Tract No. 3647 according to the Map thereof recorded in Volume of Plats at 'Page of Official Records, Fresno County Recorder. ( Said real property is hereinafter referred to as "the Tract 3647 property. " ) B. Covenantor is also the owner of certain real property located in the City of Fresno, County of Fresno, State of California, more particularly described as all of Tract No. 3648 according to the Map thereof recorded in Volume of Plats at Page of Official Records, Fresno County Recorder . (Said real property is hereinafter referred to as "the Tract 3648 property. " ) C. FIG GARDEN NEW TOWN, a limited partnership, is also the owner of certain real property located in the City of Fresno, County of Fresno, State of California, which property is more particularly described in Exhibit "A" , attached hereto and by this reference made a part hereof . (Said real property is hereinafter referred to as "the Exhibit 'A' property. " ) D. By action of the Council of the City of Fresno, the Tract 3647 property and the Tract 3648 property have been rezoned from the R-A zone district to the R-2/UGM/cz zone district. A condition of the rezoning requires the owner of the Exhibit "A" property to limit the development of the Exhibit "A" property such that the total aggregated development density of the Tract 3647 property and the Tract 3648 property -1- Jr' and the Exhibit "A" property shall not exceed ten (10) dwelling units per acre. COVENANT: NOW THEREFORE, in consideration of the covenants set forth herein, and in satisfaction of the requirements of the City of Fresno concerning the properties described herein, the Covenantor and FIG GARDEN NEW TOWN, a limited partnership, jointly and severally promise, agree and covenant with the City of Fresno, for the benefit of the City, its public property and the above properties, as follows: 1. Not more than twelve (12) dwelling units per acre shall be constructed on the Tract 3647 property. 2. Not more than twelve (12) dwelling units per acre shall be constructed on the Tract 3648 property. 3. Development of lots of the Tract 3648 property which abut the easterly boundary of the Tract 3648 property shall be limited to single-story units only. 4 . Project density shall be transferred from the Exhibit "A" property for the benefit of the Tract 3647 and 3648 properties such that the total aggregated development density of the Tract 3647 property, the Tract 3648 property, and the Exhibit "A" property shall not exceed ten (10) dwelling units per acre. 5. For purposes of this Covenant the term "density" shall mean the number of residential dwelling units per net acre, exclusive of any area utilized or required to be utilized or dedicated for public street purposes. 6 . Neither Covenantor nor FIG GARDEN NEW TOWN, nor any successor in interest to either of them, shall seek or apply for approval of any development entitlement in connection with any or all of the three (3) described properties which, if approved, would result in a total aggregate development density greater than ten (10) dwelling units per acre , as the term density is defined in paragraph 5 hereinabove. 7. Covenantor and FIG GARDEN NEW TOWN agree that in the event of failure to comply with the conditions set forth in -2- f 1, f / the preceding paragraphs, neither Covenantor nor FIG GARDEN NEW TOWN will object to the redistricting of the Tract 3647 property, the 3648 property or the Exhibit "A" property to a land use zoning district which the Council of the City of Fresno determines is proper without compliance with such conditions, and in such event, Covenantor and FIG GARDEN NEW TOWN waive any right to have any uses or improvements, installed subsequently to the recordation of this Covenant, considered or treated as non-conforming uses or improvements. 8. The foregoing conditions shall burden the property herein described and constitute a covenant running with the land in favor of and for the benefit of the City of Fresno and its property, shall be enforceable thereby, and shall be binding upon the successors, heirs, assigns, and representatives of Covenantor and FIG GARDEN NEW TOWN. 9. The foregoing conditions shall remain in full force and effect until such time as this Covenant is released by the City, based upon the Covenantor ' s and FIG GARDEN NEW TOWN' s discharging their obligations as described hereinabove or the City of Fresno finding the enforcement of such conditions no longer equitable or necessary. DATED: �,2J ACCEPTED BY: COVENANTOR: CITY OF FRESNO PARR-FIG GARDEN DEVELOPMENT, - �,•,.,�..,,,ai rnrneration a-r:4h nia cofpp'�ation A STATE OF CALIFORNIA COUNTY OF Fresno ss. On this I 1h , in the year 1985• �.` day of Fah,-„a,n, before me, the undersigned, a Notary Public in and for said State, personally appeared Frank J. Parr and Michael personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed he within instrument on behalf of the Corporation therein named, and acknowledged to me that 6 the Corporation executed it. I J iY, Luvr,,JIA WITNESS my hand and official seal. jji ---'` t:+y( f1 r rr��EY�rr2r Uct 30, 1337 � A^-KNOwLEDOMEN7—coroonuon—wacons form 222LA•x—Rer.5-82 Notary Public in and for said State. 1982 wOLCOTTS.INC CWB: jeg 11-8-84 6529 -3- EXHIBIT A The East 15 . 6 acres of that part of the Southeast Quarter of the Northeast Quarter of Section 10, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, lying North of the Herndon Canal, accoridng to the United States Government Township Plats. EXCEPT any portion that may lie within the West 5 acres of said Southeast Quarter of the Northeast Quarter of said Section 10, lying North of the Herndon Canal. A 06