Loading...
HomeMy WebLinkAboutLLA 2017-23 - Agreement/Covenant - Mutual Easements and Reciprocal Uses - 12/28/2017 '• 1� IIII III I IIII II II II IIII I III II II VIII I IIII I IIII II II Recording Requested By and FRESNO County Recorder When Recorded Mail To: Paul D1ctosC,P,A, City Clerk DOC— 2017-0168052 City of Fresno Thursday, DEC 28, 2017 11:02:51 2600 Fresno Street Tt 1 Pd $58.00 RcLW/R7/2-14t # 0004911113 Fresno, CA 93721-3603 S NO FEE -GOVERNMENT CODE 6103 CITY OF FRESNO Development & Resource Management Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR LOT LINE ADJUSTMENT NO. 2017-23 Statement of Covenants Affecting Land Development Lot Line Adjustment No. 2017-23 Page 2 WHEREAS, R BALBOA INVESTMENTS, LLC, A California Limited Liability Company, hereinafter referred to as"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 in Exhibit A; and 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 that all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and WHEREAS, Covenantor has developed, or intends to develop the Subject Property with buildings, structure, parking and parking areas, driveways, driveway approaches, landscaping, landscape irrigation, water for domestic and fire protection purposes, sanitary sewer disposal, gas, electric, tele-communication services, solid waste facilities, storm water drainage, emergency accesses, required walls/fences and other requirements in such a manner that each parcel of the Subject Property will be compelled to use portions of other parcels of the Subject Property; and COVENANTS, CONDITIONS AND RESTRICTIONS In consideration of the approval of Lot Line Adjustment No. 2017-23 by the City, 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 shall run with the Subject Property and shall be binding upon and inure to the benefit of each successive owner of the Subject Property and his/her/its heirs, successors, and assigns. 1. Each parcel of the Subject Property shall be developed and used in such a manner as to enable reciprocal cross access between and among the parcels as approved by the City, Statement of Covenants Affecting Land Development Lot Line Adjustment No. 2017-23 Page 3 regardless of whether the parcels of the Subject Property are owned or leased by the same or different persons for the following purposes: a. All utilities (including but not limited to gas, electricity, water, fire suppression systems, sanitary sewer, tele-communications, etc.); 2. Mutual easements appurtenant are hereby created and apply to each parcel of the Subject Property as a burden and benefit, to satisfy the need for cross access for each of the purposes identified in paragraph 1, above. 3. Any buildings or structures constructed on any parcel of the Subject Property must comply with the prevailing California Building Code. 4. Covenantor shall maintain all landscaping within the limits of the Subject Property in full compliance with all applicable provisions of the Fresno Municipal Code. 5. Covenantor shall repair and maintain all components of the fire suppression water system installed on the Subject Property including but not limited to those components relating to the underground water supply for the fire suppression system in full compliance with all applicable federal and state laws and the Fresno Municipal Code. 6. Covenantor shall maintain and repair the improvements and buildings, in such a manner that will not limit or impair such mutual non-exclusive uses across parcel lines within the Subject Property, in compliance with the California Building Code and the Fresno Municipal Code. 7. As between the City of Fresno and Covenantor, the cost of maintenance and repair of improvements, utility charges which are not separately metered and billed (including but not limited to charges for sewer, water, solid waste collection, gas, electric and tele-communication service), shall be the responsibility of the Covenantor. 8. At such time Covenantor or subsequent owner(s) sells or transfers any parcel of the Statement of Covenants Affecting Land Development Lot Line Adjustment No. 2017-23 Page 4 Subject Property, the owner shall disclose this Statement of Covenant to the buyer and reserve and except from the deed for the parcel(s), the terms of this Statement of Covenant. 9. The conditions of this Statement of Covenant are intended to benefit the public and public properties as well as properties appurtenant. Failure to comply with the terms of this Statement of Covenant may result in the revocation of the Certificate of Occupancy by the City for use of any Parcel of the Subject property involved. Accordingly, the City shall have the right to enforce this Statement of Covenant by any legal or equitable means. 10. Each of the covenants, conditions, and restrictions contained in this Statement of Covenant shall run with the Subject Property and shall be binding on each successive owner of the Subject Property, his/her/its heirs, representatives, successors, and assigns. 11. If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Statement of Covenant, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Statement of Covenant, "attorneys' fees" and "legal expenses". include,without limitation, paralegals'fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party's attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation,whether or not otherwise recoverable as"attorneys'fees" or as"costs"under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys' fees. 12. The waiver by either party of a breach by the other of any provision of this Statement of Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Statement of Covenant. No provisions of this Statement of Covenant may be waived unless in writing and signed by all parties to this Covenant. Waiver of any Statement of Covenants Affecting Land Development Lot Line Adjustment No. 2017-23 Page 5 one provision herein shall not be deemed to be a waiver of any other provision herein. 13. The conditions and obligations of this Statement of Covenant shall remain in full force and effect until such time as the Development& Resource Management Director of the City issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 14. The provisions of this Statement of Covenant 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 of Covenant so requires, in interpreting this Statement of Covenant, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. 15. This covenant shall apply to all of the lots within the Subject Property regardless of any adjustments to any lot lines or subdivisions within the boundary of the Subject Property. Statement of Covenants Affecting Land Development Lot Line Adjustment No. 2017-23 Page 6 DATED: 1.1 ZVO j CITY OF FRESNO, a Municipal Corporation COVENANTOR i Development & Resource Management R BALBOA INVESTMENTS, LLC, Department A California Limited Liability Company Jennifer K. Clark, Director By: By: Je nif r �. Clark, Director Roc<y Mohacsi, CEO By: 14�k APPROVED AS TO FORM: Rosaria Conte, CFO DOUGLAS T. SLOAN City Attorney By: an-Doidge DepOfy City Attorney Date: 1 / ! 1 -7 (Attach Notary Acknowledgments) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate.is attached, and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA ) COUNTY OFESt�I© ) On V\ClA M�&c 0tk 20-7 before me, C_e2W 4e AD.ZcI% DATE INSERT NAME,TITLE OF OFFICER-E.G..,"JANE DOE,NOTARY PUBLIC personally appeared, pip CSS c���c�. \- osay--ic' Crq,,tP 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 instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing pai agraph is true and correct. WITNESS my hand and official seal. GRACE ESPINOZA COMM.0 2088057 ; NOTARY PUBLIC•CAUFORN A n FRESNO COUNTY Comm.Exp.NOV.26,2016 (SEAL) NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNERS(S)OTHER THAN NAMED ABOVE SIGNER'S NAME SIGNER'S NAME RIGHT THUMBPRINT RIGHT THUMBPRINT To order sunnlies.rd"se contact McGlone Inanranna Servirsq_Inc_tat 19161 ARA 101M. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document CLERK'S CERTIFICATION State of California ) County of Fresno ) On December 28, 2017 before me, Cherisea Barnes, Deputy City Clerk, personally appeared, Jennifer K. Clark, Director, Development and Resource Management Department (DARM) of the City of Fresno, 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 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal YVONNE SPENCE, CMC ,�y OF FR,s City Clerk, City of Fresno *� yQ z n w o • oD 'Pi 11' �D OCt• By (�9 • Deputy SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 28. 2017, in the office of the Fresno County Recorder as Document No. 2017- 0080676 of which the Deed of Trust in, by and between: R Balboa Investments, LLC,A California Limited Liability Company as Trustor, First American Title Insurance Co,a CA Corp,as Trustee,and LendingHome Funding Corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development to Create Mutual Easements and Reciprocal Uses for Lot Line Adjustment Mo.2017- 23. DATED: 161V C.0 //V CAff"l-2 PPIf P7r BENEFICIARY LendingHome Funding Corporation Name: Title: C Poo (Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Francisco On November 3, 2017 before me, Melissa M. Ochoa, Notary Public (insert name and title of the officer) personally appeared --------------------------- Robert D. Stiles ----------------------------- 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 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. - - - - - - - - - - - - MELISSA M.OCMOA WITNESS my hand and official seal. Commission#2143800 Notary Pubtk-California San Mateo County Mv Comm.Expires Feb 22,2020 Signatur (Seal) fb SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 28, 2017, in the office of the Fresno County Recorder as Document No. 2017- 0080676 of which the Deed of Trust in, by and between: R Balboa Investments, LLC, A California Limited Liability Company as Trustor, First American Title Insurance Co,a CA Corp,as Trustee,and LendingHome Funding Corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development to Create Mutual Easements and Reciprocal Uses for Lot Line Adjustment Mo. 2017- 23. DATED: SIG�fF4 /ni C�l/�vix`ZPA/1-T� BENEFICIARY LendingHome Fundin Cor ration Name: Tf h Z ph Title: (Beneficiary to print/type document information, Name, Title and attach Notary- Acknowledgment) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Francisco On November 29, 2017 before me, Melissa M. Ochoa, Notary Public (insert name and title of the officer) personally appeared ----------------------- Matthew Z. Humphrey ------------------------ 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 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. - - - - - - - - - - - - MELISSA M.OCMOA WITNESS my hand and official seal. Commbsion i 2143S00 Notary Puelk.•CaMornls San Mann County My Comm.Ex ins Feb 22 2020 Signature (Seal) I � EXHIBIT A Lot Line Adjustment No. 2017-23 Adjusted Parcel Legal Descriptions: Adjusted Parcel A Parcel A of Lot Line Adjustment No. 2017-23, perfected by grant deed recorded on ,beeecl ?F+2 1, 7,o/1 as Document No. �O/7 — D/SSS$6 of Official Records of Fresno County, and more particularly described as follows: The southwesterly 89.00 feet of Lots 17 and 18, as measured along the northwesterly and southeasterly lines thereof,-of Block 274 sof the Town (noon► City),of Fresno,according to the map thereof filed in Volume 4 of Plats at Page 2, Fresno County Records. Together with underlying fee interest, if any, adjacent to the above described property in and to the adjoining public right of way ONAL LAND G. r 823 A r-- APPROVED LOT LINE ADJUSTMENT LLA - BY LA _BY DATE PUBLIC WORKS.DEPARTMENT C17Y OF FRES5v0 1 ` EXHIBIT A Lot Line Adjustment No. 2017-23 Adjusted Parcel Legal Descriptions Adjusted Parcel B Parcel B of Lot Line Adjustment No_ 2017-23, perfected by grant deed recorded on 4r_-c,e4iB<2 /, 24r7 ...as Document No. , of Official Records of Fresno County., and more particularly described.as follows: Lots 17 and 18 of Block 274 of the Town (now City) of Fresno, according to the map thereof filed in Volume 4 of Pats at Page 2, Fresno County Records. EXCEPTING THEREFROM the southwesterly 89.00 feet as measured along the northwesterly and southeasterly lines thereof'. Together with underlying fee interest, if any, adjacent to the above described property in and to the adjoining public right.of way O�PL LA7yZ) G. � J 1� o. 48 of I APPROVED LOT LINE ADJUSTMENT LLA BY DATE / .�Q_L1 PUBLiO WORKS DEPARTMENT CITY OF FPEf—;4O