HomeMy WebLinkAboutT-5717 - Agreement/Covenant - 4/22/2008 (4) WHEN RECORDED MAIL TO:
04/21/2008120080057534
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
cm NO FEE - Government Code 6103
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CITY OF FRESNO
C:) Planning and Development Department
0 U Planning Division
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STATEMENT OF COVENANTS AFFECTING
LAND DEVELOPMENT REQUIRING SPECIAL PERMIT
BEFORE ISSUANCE OF BUILDING PERMITS
FOR THE FINAL MAP OF TRACT NO. 5717,
PHASE 1 OF VESTING TENTATIVE MAP NO. 5717/UGM
Statement of Covenants
Requiring Special Permit Before Issuance of Building Permits
Final Map of Tract No. 5717
Page 2
RECITALS
WHEREAS, LOCANS INVESTMENTS, LLC., a California Limited Liability Company,
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:
Lots 1 through 9, inclusive, of Tract No. 5717 according to the map thereof
recorded on Alafi 1 .2/ 2002 in Volume g6
of Plats at Page(s) Xro " S7 , Fresno County Records; and
WHEREAS, the Covenantor hereby warrants that any and all parties having record title
interest in the Subject Propertywhich may ripen into a fee have subordinated to this instrument and
that all such instruments of Subordination, if any, are attached hereto and made a part of this
instrument; and
WHEREAS, Special Permit No.S-07-009 was approved with conditions by the Planning and
Development Department on March 27, 2007; and
WHEREAS, a condition of approval of said Special Permit is the approval of a subdivision
map to create lots in the proper configuration before building permits may be issued; and
WHEREAS, Vesting Tentative Map No. 5717/UGM was approved with conditions by the
Fresno City Planning Commission on July 11, 2007 and duly revised on January 23, 2008 by the
Planning and Development Director (Tentative Map); and
WHEREAS, the final map of Phase 1 of said Tentative Map, hereinafter referred to as the
"Final Map of Tract No. 5717," proposes light industrial/commercial development on 9 of the 13
lots of the Tentative,Map; and
WHEREAS, the development plan approved by Special Permit No. S-07-009 is not
consistent with the lot configuration as shown on the Final Map of Tract No. 5717; and
Statement of Covenants
Requiring Special Permit Before Issuance of Building Permits
Final Map of Tract No. 5717
Page 3
WHEREAS, the request by the Covenantor to delay the submission and processing of a
new or revised Special Permit for the Subject Property to an-un-specified time after the Final Map
of Tract No. 5717 is recorded has been approved by the Planning and Development Department
Director; and
WHEREAS, the Covenantor requests the City to process the Final Map of Tract No. 5717
for approval and recording.
COVENANTS, CONDITIONS, AND RESTRICTIONS
For favorable action on, and approval of the Covenantor's request, 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.
1. Covenantor hereby covenants as follows:
A. Covenantor agrees that no building permits (includes grading,
plumbing, mechanical, electrical, building, etc.) will be issued by the City for the development of
any lot of the Subject Property until such time as a Special Permit is approved by the City that is
consistent with the recorded Final Map of Tract No. 5717.
2. The conditions of this Statement are intended to benefit the public and public
properties. Accordingly, 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 the Subject Property who directly or who through any agent violate the terms hereof. All
obligations of the Covenantor under this Statement shall insure solely to the benefit of the City of
Statement of Covenants
Requiring Special Permit Before Issuance of Building Permits
Final Map of Tract No. 5717
Page 4
Fresno. There are no third party beneficiaries of said obligations nor shall the right of the City of
Fresno be transferable in any manner to any person other than to a successor municipal
corporation whose geographic boundaries include the Subject Property.
3. The conditions and obligations of this covenant shall remain in full force and
effect until such time as the City of Fresno, Planning and development Director issues a written
release of such conditions and obligations and records such release in writing with the Fresno
County Recorder.
4. In the event that litigation is instituted to enforce or interpret any provision
of this Statement, the parties agree that the prevailing party shall be paid reasonable attorney's
fees, costs and litigation expenses.
5. 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.
Statement of Covenants
Requiring Special Permit Before Issuance of Building Permits
Final Map of Tract No. 5717
Page 5
DATED: Mb"
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
LOCANS INVESTMENTS, LLC.,
Planning and Development Department A California Limited Liability Company
Nick P. Yovino, Director
f s
B :
Y
Keith Bergthold, Assistant Director Farid Assemi, President
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
Y
John W. Fox
Deputy City Attorney
Date:
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Er e-5A n
On NI
jrC� before me, (��'k5'�7nA �' 4 A)Z+u^U pu2i1 C
Date rr Here In rt Name and Title of the Officer
personally appeared r Q r J 8 nay e to
Name(s)of Signer(s)
who 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
CRI TINA mission G.LOPE1552 instrument the person(s), or the entity upon behalf of
Commission# 1552075
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Notary Public-California D which the person(s) acted, executed the instrument.
Fresno County Comm.Expires Feb 12,2009 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS myhand and official seal.
Signature �/ �/ G- k.61 "
Place Notary Seal Above Signature Publi
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Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—I ] Limited ❑ General _ _ ❑ Partner—❑ Limited ❑General
❑ Attorney in Fact • Attorney in Fact •
❑ Trustee Top of thumb here D Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
Li Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.Nationa]Notary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
CITY CLERK'S CERTIFICATION
State of California )
County of Fresno )
On April 10, 2008 before me, Elvia Sommerville, Deputy City Clerk, personally,
Keith Bergthold, Assistant Planning and Development Director, 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.
I certify under PENALTY OF PREJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
REBECCA E. KLISCH, CMC
City Clerk, City of Fresno
0
By- �t.a�
Deputy