HomeMy WebLinkAboutLLA 2011-05 - Agreement/Covenant - 8/4/2011 When Recorded Mall To:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
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. 2011-05
Statement of Covenants Affecting Land Development
Lot Line Adjustment No. 2011-05
Page 2
WHEREAS, LOWELL T. CARRUTH, As Trustee of the Lowell T. Carruth Revocable Trust
Dated October 15, 2010, 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 Application No. C-10-151 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. 2011-05 requires a cross access agreement pursuant to
Special Permit approval for a planned development.
COVENANTS, CONDITIONS AND RESTRICTIONS
In consideration of the approval of Lot Line Adjustment No. 2011-05 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. 2011-05
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 by the
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. Covenantor represents and warrants it is the sole owner of all parcels located in the
Subject Property. Covenantor shall create mutual easements to enable reciprocal cross access
between and among each parcel of the Subject Property, as a burden and a benefit, to satisfy the
need for cross access for each of the purposes identified in paragraph 1, above. Such mutual
easements shall be created effective upon sale, lease, assignment, transfer, or any other method of
disposing of any ownership interest or estate in the Subject property, by a series of transactions or
otherwise, such that there would no longer be a single person or entity who has a one-hundred
percent(100%)ownership interest in all parcels located in the Subject Property. For the purposes of
this Covenant, a one-hundred percent (100%) ownership interest in all parcels does not include
Statement of Covenants Affecting Land Development
Lot Line Adjustment No.2011-05
Page 4
ownership interests subject to leaseholds or other estates.
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
systern 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 approved Special Permit, 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
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 complywith the terms of this Statement
of Covenant may result in the revocation of the Certificate of Occupancy or Special Permit by the City
Statement of Covenants Affecting Land Development
Lot Line Adjustment No. 2011-05
Page 5
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
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.
Statement of Covenants Affecting Land Development
Lot Line Adjustment No.2011-05
Page 6
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.
Statement of Covenants Affecting Land Development
Lot Line Adjustment No. 2011-05
Page 7
DATED: AUG O- 7
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
LOWELL T. CARRUTH,
Development & Resource As Trustee of the Lowell T. Carruth Revocable
Management Department Trust Dated October 15, 2010
Mark Scott, Interim Director
�L By. , I
L ell T. Carrut
MARK S cv��, INTE Q►/n 0,ow c
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By:
h n Chaffin
e ; t City Attorney
Date: Z7 if
(Attach Notary Acknowledgments)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
On May 31, 2011 ,before me, Leanne R.Jackson ,Notary Public,personally appeared Lowell T.
Carruth , 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.
WIT SS my hand and official seal. LEANNE R. JACKSON
Commission # 1757129
$ Notary Public -California =
_ Fresno County
My Comm.ExplresJul 27,2011
Signatur o Notary Public
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
Statement of Covenants
Title(s) Title or Type of Document
❑ Partner(s) ❑ Limited
❑ General 10 pages including this Acknowledment,
plus Exhibits
❑ Attorney-In-Fact Number Of Pages
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other: May 31,2001 _
Date Of Document
Signer is representing:
Name Of Person(s)Or Entity(ies)
Kevin E.Fabino and Shannon Chaffin
Signer(s)Other Than Named Above
CLERK'S CERTIFICATION
State of California)
County of Fresno )
On August 4, 2011, before me, Stacey Woo, Deputy City Clerk, personally
appeared Mark Scott, Interim Director, 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
`-kA pF FRCS?
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EXH 1.81 T A
PARCEL A OF LOT LINE ADJUSTMENT NO. 2011-05, AS DOCUMENT NO. ,
OF OFFICIAL RECORDS OF FRESNO COUNTY, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THAT PORTION OF THE SOUTH HALF OF THE EAST HALF OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 13
SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 8, THENCE NORTH 010 17' 00"
EAST, 60.00 FEET; THENCE NORTH 89° 31' 00" WEST, 40.00 FEET TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION, SAID POINT BEING THE INTERSECTION OF THE
NORTHERLY LINE OF WEST SHAW AVENUE AND THE WESTERLY LINE OF NORTH PALM
AVENUE; THENCE CONTINUING ALONG SAID NORTHERLY LINE, PARALLEL WITH AND 60.00
FEET NORTH OF THE SOUTH LINE OF SAID SECTION 8, NORTH 890 31' 00" WEST 287.99
FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF SAID SOUTH HALF OF THE
EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 8; THENCE ALONG SAID WESTERLY LINE, NORTH 01° 15' 45" EAST
329.17 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF SAID SOUTH HALF OF
THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 8; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89' 31' 00" EAST,
48.01 FEET; THENCE, LEAVING SAID NORTHERLY LINE, SOUTH 01° 15' 05" WEST, 51.00 FEET;
THENCE SOUTH 880 44' 55" EAST 52.16 FEET; THENCE SOUTH 01' 15' 05" WEST, 44.02 FEET;
THENCE SOUTH 88° 44' 55" EAST 82.79 FEET; THENCE SOUTH 01° 15' 05" WEST, 85.74 FEET;
THENCE SOUTH 880 44' 55" EAST 105.03 FEET TO A POINT BEING 40.00 FEET WEST OF THE
EAST LINE OF SECTION 8 AND A POINT ON SAID WESTERLY LINE OF NORTH PALM AVENUE;
THENCE ALONG SAID LINE, PARALLEL WITH AND 40.00 FEET WEST OF THE EAST LINE OF
SAID SECTION 8, SOUTH 010 17' 00" WEST, 145.20 FEET TO THE TRUE POINT OF BEGINNING
OF THIS DESCRIPTION.
SAID PARCEL CONTAINS 64,903 SQUARE FEET OR 1.49 ACRES, MORE OR LESS.
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PARCEL B OF LOT LINE ADJUSTMENT NO. 2011-05, AS DOCUMENT NO.
OF OFFICIAL RECORDS OF FRESNO COUNTY, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THAT PORTION OF THE SOUTH HALF OF THE EAST HALF OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 13
SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 8; THENCE NORTH 01' 17' 00"
EAST, 389.17 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF SAID SOUTH
HALF OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 8; THENCE ALONG SAID NORTHERLY LINE, NORTH 891,
31' 00" WEST, 40.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION, SAID
POINT LYING ON THE WESTERLY LINE OF NORTH PALM AVENUE; THENCE CONTINUING
ALONG SAID NORTHERLY LINE, PARALLEL WITH THE SOUTH LINE OF SAID SECTION 8,
NORTH 890 31' 00" WEST 240.10 FEET; THENCE LEAVING SAID LINE, SOUTH 01° 15' 05"
WEST, 51.00 FEET; THENCE SOUTH 88' 44' 55" EAST 52.16 FEET; THENCE SOUTH 01' 15, 05"
WEST, 44.02 FEET; THENCE SOUTH 88' 44' 55" EAST 82.79 FEET; THENCE SOUTH 01' 15, 05"
WEST, 85.74 FEET; THENCE SOUTH 88' 44' 55" EAST 105.03 FEET TO A POINT BEING 40.00
FEET WEST OF THE EAST LINE OF SECTION 8 AND A POINT ON SAID WESTERLY LINE OF
NORTH PALM AVENUE; THENCE ALONG SAID LINE, PARALLEL WITH AND 40.00 FEET WEST
OF THE EAST LINE OF SAID SECTION 8, NORTH 01° 17' 00" EAST, 183.97 FEET TO THE TRUE
POINT OF BEGINNING OF THIS DESCRIPTION.
SAID PARCEL CONTAINS 29,907 SQUARE FEET OR 0.69 ACRES, MORE OR LESS.
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