HomeMy WebLinkAboutLLA 2010-03 - Agreement/Covenant - 9/20/2011 When Recorded Mail To IIII III IIII II����IIII Illi III I IN 111111111111111
FRESNO County Recorder
City Clerk Robert C. Werner
City of Fresno DDC— 2010-0147300
2600 Fresno Street Acct 2-Chicago Title Company
Fresno, CA 93721-3603 Wednesday, NOV 03, 2010 08 00 00
Tt l Pd $69.00 Nbr-0003371056
JZG/R3/2-12
NO FEE -GOVERNMENT CODE 6103
CITY OF FRESNO
Development and Resource Management Department
STATEMENT OF COVENANTS AFFECTING
LAND DEVELOPMENT TO CREATE MUTUAL
EASEMENTS AND RECIPROCAL USES FOR
LOT LINE ADJUSTMENT NO. 2010-03
And Subordination
Statement of Covenants Affecting Land Development
Lot Line Adjustment No 2010-03
Page 2
WHEREAS, BEAL DEVELOPMENTS, 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" 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 accordance with the approved Special
Permit application designated as Conditional Use Permit No C-09-022 and any amendments thereto,
hereinafter referred to as Special Permit, 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
WHEREAS, Lot Line Adjustment No 2010-03 requires across access agreement pursuant to
Special Permit approval for a planned development
COVENANTS, CONDITIONS AND RESTRICTIONS
In consideration of the approval and recording of said Parcel Map 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,
Statement of Covenants Affecting Land Development
Lot Line Adjustment No 2010-03
Page 3
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 in the
Special Permit, regardless of whether the parcels of the Subject Property are owned or leased bythe
same or different persons for the following purposes
a Pedestrian and vehicular ingress and egress,
b Shared parking,
c Drainage for storm water and storm water facilities,
d All utilities (including but not limited to gas, electricity, water, fire suppression
systems, sanitary sewer, tele-communications, etc ),
e Access to all buildings and areas for emergency services,
f Landscaping, walls/fences, solid waste facilities, and
g Any additional uses pursuant to amendments to the Special Permit approved
by the City
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
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
Statement of Covenants Affecting Land Development
Lot Line Adjustment No 2010-03
Page 4
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 approved Special Permit, Tentative Map, the California
Building Code and the Fresno Municipal Code
7 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
unless otherwise agreed between the property owners of each parcel of the Subject Property by
written agreement
8 At such time Covenantor or subsequent owner(s)sells or transfers any parcel of the
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 or Special Permit 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 In the event that litigation is instituted to enforce or interpret any provision of this
Statement of Covenant, the parties agree that the prevailing party shall be paid reasonable attorneys
fees, costs and litigation expenses
'1
Statement of Covenants Affecting Land Development
Lot Line Adjustment No 2010-03
Page 5
12 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
13 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
A
Statement of Covenants Affecting Land Development
Lot Line Adjustment No 2010-03
Page 6
DATED �EP-j EmQc'R 2/� 24/0
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
BEAL DEVELOPMENTS, LLC,
Development & Resource Management a California Limited Liability Company
Department
John M Dugan, AICP, Director
By By
er Bishop, sistant Director George Be4f, President
APPROVED AS TO FORM
JAMES C SANCHE
City Attorney
By
hann haffin
Deputy ity Attorney
Date d
(Attach Notary Acknowledgments)
CALIFORNIA ALL-PURPOSE/.ACKNOWLEDGMENT
State of Califomia
County of Fresno
On -7Z9j �O�U before me, Luanna L. Kitchener . Notary Public__
Date // Heimmm Name and ritls at the Otti0er
personally appeared ��UIZGT L
,ea
Names)at$gvgs)
------------
who proved to me on the basis of satisfactory evidence to
be the persoriX whose nameN isloq6 subscribed to the
within instrument and acknowledged to me that
he/ JtP* executed the same in h+s/*/0 r authorized
capacrty(t , and that by hist
r signature'j on the
instrument the persono; or the entity upon behalf of
which the persori�acted, executed the instrument
cowdn glof1 I I M116
Notoiy koft-ca ltafte � I certify under PENALTY OF PERJURY under the laws
liMno Cowy of the State of California that the foregoing paragraph is
�� w�Apr4m1= true and correct_
Le - - --- - -- - -- -
WITNE nd and official seal.
+gnature
Pface Notary Seal Above W401 S f N PN
Though the information below is not required by law,it may prove -,1u /e to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signers Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑Umded ❑General _ _ Q Partner—❑ Lm+ted Q General _ _ _
❑ Attorney In Fact - ❑Attorney In Fact •
C3 Trustee
Top of thumb here Q Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other Q Other:
Signer Is Representing: Signer Is Representing:
0207 NaOpttet Npmry A0e008ee11-9350 ps Sob PMa.PO.Bmt 2402-Ciumroret.CA 913132002• P 0590r Reader:C.arlb6Aw 1.800.87544
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CLERK'S CERTIFICATION
State of California)
County of Fresno )
On September 21, 2010, before me, Cindy Bruer, Deputy City Clerk, personally
appeared Jerry D Bishop, Assistant Director of Development & Resource
Management Department 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 be
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), acted, executed the instrument
I certify under PENALTY OR PERJURY 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
By
DO* -
S
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on May 19, 2010 , in the office of the Fresno County
Recorder as Document No 2010-0063861 of which the Deed of Trust in, by and
between George Beal as Trustor,
Central Valley Community Bank as Trustee,
and Central Valley Community Bank , 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 No 2010-03
DATED Z ! t)
BENEFICIARY
Central Valley mmunity Bank
1i
By
Jeff Ise, ice President
By
(Beneficiary to print/type document info, Name and
Title, and attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof
On � before me, X l2—1 m NbL) FV S f V b ) A Q
Date Here Insert Name and Title of the Officer
personally appearedC.'
Name(s)of Signers)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name) is/al°e subscribed to the
within instrument and acknowledged to me that
he/stie/they executed the same in his/her/0"r authorized
MutiaM"010COLS capacity(is), and that by hislher/their slgnature•(s) on the
Corrmmfulon• 1TNT416 Instrument the person), or the entity upon behalf of
notary public-California which the person-4 acted, executed the Instrument
Fresno County
Myf � ,A�1TIn�11 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph Is
true and correct
Signature
WITNESS y nd and�Officiah
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
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
CI Individual I 1 Individual
❑ Corporate Officer—Title(s) ❑Corporate Officer—Title(s)
❑ Partner—_) Limited ❑ General F1 Partner—❑ Limited 1 General
❑ Attorney In Fact • U Attorney In Fact
❑ Trustee
Top of thumb here El Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other U Other
Signer Is Representing Signer Is Representing
02007 National Notary Association-9350 De Soto Ave PO Box 2402-Chatsworth CA 91313-2402•www NationalNotary org Item#5907 Reorder Call Toll Free 1 800-876-6827
EXHIBIT A
Lot Line Adjustment No 2010-03
Adjusted Parcel Legal Descriptions
Adjusted Parcel A
Parcel A of Lot Line Adjustment No 2010-03,
as Document No_20100147299 , of Official Records of Fresno County, and more
particularly described as follows
Lots 1 through 6, inclusive, of Block 27 of the Map of the Town of Fresno, in the City of Fresno, County of
Fresno, State of California, according to the map thereof recorded in Volume 1, Page 2 of Plats, Fresno
County Records
EXCEPTING therefrom the following described parcel of land
Beginning at the West comer of said Lot 1, thence Southeasterly along the Southwesterly line of said
Lots 1 through 6, inclusive, a distance of 150 00 feet to the South comer of said Lot 6, thence
Northeasterly along the Southeasterly line of said Lot 6, a distance of 81 00 feet, thence Northwesterly,
parallel with and 8100 feet Northeasterly of the Southwesterly line of said Lots 1 through 6, inclusive, a
distance of 80 00 feet, thence Southwesterly, parallel with and 80 00 feet Northwesterly of the
Southeasterly line of said Lot 6, a distance of 4100 feet to a point 40 00 feet Northeasterly of the
Southwesterly line of said Lots 1 through 6, inclusive, thence Northwesterly, parallel with and 40 00 feet
Northeasterly of the Southwesterly line of said Lots 1 through 6, inclusive, a distance of 70 00 feet to a
point on the Northwesterly line of said Lot 1, thence Southwesterly, along the Northwesterly line of said
Lot 1, a distance of 40 00 feet to the Point of Beginning
No L 6945 0
Exp.9-30-11 �1r
sT �
R
F �-
Drawing for Lot Line Adjustment No 2010-03, Recorded in Book
of Miscellaneous Maps, at Page(s)� Fresno County Records
Document No W-,Q
t�
EXHIBIT A
Lot Line Adjustment No 2010-03
Adjusted Parcel Legal Descriptions
Adjusted Parcel 8
Parcel B of Lot Line Adjustment No 2010-03,
as Document No_20100147298 of Official Records of Fresno County, and more
particularly described as follows
Those portions of Lots 1 through 6, inclusive, of Block 27 of the Map of the Town of Fresno, in the City of
Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume 1, Page
2 of Plats, Fresno County Records, being more particularly described as follows
Beginning at the West comer of said Lot 1, thence Southeasterly along the Southwesterly line of said
Lots 1 through 6, inclusive, a distance of 150 00 feet to the South comer of said Lot 6, thence
Northeasterly along the Southeasterly line of said Lot 6, a distance of 8100 feet, thence Northwesterly,
parallel with and 81 00 feet Northeasterly of the Southwesterly line of said Lots 1 through 6, inclusive, a
distance of 80 00 feet, thence Southwesterly, parallel with and 80 00 feet Northwesterly of the
Southeasterly line of said Lot 6, a distance of 41 00 feet to a point 40 00 feet Northeasterly of the
Southwesterly line of said Lots 1 through 6, inclusive, thence Northwesterly, parallel with and 40 00 feet
Northeasterly of the Southwesterly line of said Lots 1 through 6, inclusive, a distance of 70 00 feet to a
point on the Northwesterly line of said Lot 1, thence Southwesterly, along the Northwesterly line of said
Lot 1, a distance of 40 00 feet to the Point of Beginning
5�p)ANDSQA
GRfF'yi��0
o
No.L 6945 0
*
Exp.9-30-11
T AL
Drawing for Lot Line Adjustment No 2010-03, Recorded in Book y
of Miscellaneous Maps, at Page(s)� Fresno County Records
Document No �OID•D/��3 yf
�2