HomeMy WebLinkAboutLLA 2011-06 - Agreement/Covenant - 7/12/2011 When Recorded Mail To IIII til I I�il II II IIII I IIID I III Il II�I Illi I l�ll II{I
City Clerk FRESNO County Recorder �I
City of Fresno Paul Dlctos, C.P,A.
2600 Fresno Street DDC_ 2011-0077445
Fresno, CA 93721-3603
Acct 1002-Chicago Tule Ins Co ER ,
jFriday, JUN 10, 2011 10 00 00 I
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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. 2011-06
TitleWorks/ Page 1 of 14
Statement of Covenants Affecting Land Development
Lot Line Adjustment No 2011-06
Page 2
WHEREAS, THOMAS G PISTACCHIO AND DELORES A PISTACCHIO, Husband and
Wife, as Joint Tenants, 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 Site Plan Review No S-05-566 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 2011-06 requires across 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 2011-06 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,
TitleWorks / Page 2 of 14
Statement of Covenants Affecting Land Development
Lot Line Adjustment No 2011-06
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 Access to all buildings and areas for emergency services,
e 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
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
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Statement of Covenants Affecting Land Development
Lot Line Adjustment No 2011-06
Page 4
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 watersupply 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 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
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Statement of Covenants Affecting Land Development
Lot Line Adjustment No 2011-06
Page 5
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
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
TitleWorks/ Page 5 of 14
Statement of Covenants Affecting Land Development
Lot Line Adjustment No 2011-06
Page 6
gender includes the other genders, the singular includes the plural, and the plural includes the
singular
TitleWorks/ Page 6 of 14
Statement of Covenants Affecting Land Development
Lot Line Adjustment No 2011-06
Page 7
DATED M4 Y Z5, 20/1
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
THOMAS G PISTACCHIO AND
Development & Resource Management DELORES A PISTACCHIO,
Department Husband and Wife, as Joint Tenants
By al.Z
Thomas G Pistacchio
kri7,Al QcRGTlroCo ,RSSIs—nNr0RCC%02
By
APPROVED AS TO FORM Delores A Pistacchio
JAMES C SANCHEZ `
City Attorney
By
Shann affin
Deputy ttorney
Date "1�3
(Attach Notary Acknowledgments)
TitleWorks/ Page 7 of 14
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On May 5, 2011 before me, Luanna L. Kitchener, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Thomas G. Pistacchio and Delores A. Pistacchio
Name(s)of Signer(s)
CommkOon 0 17031111 who proved to me on the basis of satisfactory evidence to
NOMY FW tie.Calli tietlllO f be the person(s) whose name(s))Aare subscribed to the
/tliwo Counly within instrument and acknowledged to me that
Nbc :C&SM2 bi!gskLVthey executed the same in tK/tife/their authorized
f1Pr s,a mia capacity(ies), and that by bidW/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument
1A
I certify under PENALTY OF PERJURY under the laws
170311• of the State of California that the foregoing paragraph is
C�ttorMc
untytrue and correct
Ap15.2012
WITNESS my hand and official seal
Signat e
Place Notary Seal Above S gnatu ata ublic
OPTIONA
Though the information below is not required by law,it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Statermt of Coverrarrts Affecting Land I�velopmt to Ctu
Create Mlal
Title or Type of Document >v.,sbmnts s r Fe „1 Lb�fe. e Lh9Adjtiswempb. 2011-06
Document Date Number of Pages
Signer(s)Other Than Named Above
Capacity(ies)Claimed by Signer(s)
Signer's Name Signer's Name
❑ Individual 0 Individual
❑ Corporate Officer—Title(s) ❑Corporate Officer—Title(s)
❑I Partner—❑ Limited ❑General _ _ ❑Partner—❑Limited ❑General
❑ Attorney in Fact • ❑Attorney in Fact - • -.
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other ❑Other
Signer Is Representing Signer Is Representing
02007 National Notary Assoctabon•9350 De Soto Ave PO Box 2402-Chatsworth CA 91313-2402•www NabonalNotarycrg Item#5907 Reortfer Call Tall-Free 1-80487645877
TitleWorks/ Page 8 of 14
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On May 26, 2011 before me, Sherrie L Badertscher, Deputy City Clerk, personally appeared,
Keith Bergthold, Assistant Director, Development& Resource Management Department, 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
REBECCA E KLISCH, CMC
City Clerk, City of Fresno
fgF04
4
n
i
ByAj�-X
Deputy
9
TitleWorks/ Page 9 of 14
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on Jan.iary 11, 2006 , in the office of the Fresno County
Recorder as Document No 2006-a%135 of which the Deed of Trust in, by and
between Mmas G. Pistachio and Delores A. Pistacddo, hEbard and wile, as Trustor,
Stewart Title of California
as Trustee,
and California Bank&Trust 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 2011-03
DATED G- 0
BENEFICIARY
Cq.UU IIA &
By /
Name Jun Ehkojji
Title Vice President
Ilk
AlIgm—
Im
(Beneficiary to print/type document info, Name and
Title, and attach Notary Acknowledgment)
Title Works/ Page 10 of 14
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on Octcber 9, 2006 , in the office of the Fresno County
Recorder as Document No 20060214750 of which the Deed of Trust in, by and
between Ti= G. Pistacxhio and Delo= A. Pistacchio, hzbenx art wife as joint/IsT ustor,
Stmt Title of California , as Trustee,
and California)mak a-d Thrt 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 2011-03
DATED A lv
BENEFICIARY
C4ffU IIIA WX AMID MET
By
Name Jun Ehko�i
Title Vlee Pr'Ps�dapt
(Beneficiary to print/type document info, Name and
Title,and attach Notary Acknowledgment)
TitleWorks/ Page 11 of 14
State ofQ �� )
County of.d/ �7 )
On I r `a 2 oil r before me,
OS , Notary Public(here Insert name and title of the officer),
personally appea d
who proved to me on the basis of satisfactory evidence to be the person whose nameVis/ate-subscribed to the within
Instrument and acknowledged to me that he/she4hey executed the same in his/he4thEw authorized capacity(jag-�, and
that by hls/ger/th> rrSignature(�)on the instrument the person($),or the entity upon behalf of which the person 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.
Signature , (Seal) soKUPEI.UW
COmmbilOn it 176111 o
Notary Public-CcNtorn0
Freia
sno County
Mv�anm E>gor+agig Y,2011
State of )
County of )
On before me,
Notary Public(here insert name and title of the officer),
personally appeared
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(les), 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.
Signature (Seal)
(notary)(12-07) /
TitleWorks/ Page 12 of 14
EXHIBIT"A"
Parcel A of Lot Line Adjustment No 2011-06,as Document No 2&l'X077
of Official Records of Fresno County,and more particularly described as follows
The North 146 00 feet(measured along the East line)of Lot 8 of the Map of Tract No 3095,Woodward Industrial Park,in the
City of Fresno,County of Fresno,State of California,according to the map thereof recorded in Volume 37of Plats at Pages 82,
83,and 84,Fresno County Records
TOGETHER with that parcel of land being more particularly described as follows
BEGINNING at the Southeast corner of said Lot 8 of Tract No 3095,thence North 00°02'47"East ulong the east line of said
Lot 8,a distance of 224 00 feet,thence North 89'57'13"West,parallel and 146 00 feet south of the north line of said Lot 8,a
distance of 222 14 feet to a point on the arc of a non-tangent curve concave Westerly and having a radius of 282 00 feet,a
radial to said point bears South 82°53'55"East,thence Southerly along said non-tangent curve,through a central angle of
0342'09",an arc distance of 18 23 feet,thence South 89°57'13"East,parallel and 164 00 feet south of the north line of said
Lot 8,a distance of 60 24 feet,thence South 30°13'29"East,a distance of 51 82 feet,thence South 46°55'56"West,a distance
of 19 97 feet,thence South 43°04'04"East,a distance of 202 20 feet,thence North 90100'00"Fast,a distance of 14 98 feet to
the POINT OF BEGINNING
TOGETHER with underlying fee interest,if any,adjacent to the above described property in and to the adjoining public right-
of-way
MG/Ilk
M-11022 EXHIBIT A
1�3
TitleWorks/ Page 13 of 14
EXHIBIT"A" `
Parcel B of Lot Line Adjustment No 2011-06,as Document No .20-00-29904/1,
of Official Records of Fresno County,and more particularly described as follows
Loi 8 of the Map of Tract No 3095,Woodward industrial Park,in the City of Fresno,County of Fresno,State of California,
according to the map thereof recorded in Volume 37 of Plats at Pages 82,83 and 84,Fresno County Records
TOGETHER with a portion of that certain 60 foot wide strip of real property formerly belonging to the Southern Pacific
Railroad Company and formerly known as Pinedale Spur,as described in the deed recorded in Book 155 at Page 411 of
Official Records,rresno County,being situated in the Northwest quarter of Section 33, rownship 12 South,Range 20 East,
Mount Diablo Base and Meridian,according to the Official Plat thereof,said portion being more particularly described as
follows
BEGINNING at the most Southerly comer of Lot 8 the Map of Tract No 3905,Woodward Industrial Park according to the
map thereof recorded in Volume 37 of Plats,at Pages 82,83 and 84,Fresno County Records,thence North 46°54'04"East,
along the Southeasterly line of said Lot 8,a distance of 120 00 feet to the Southeast comer of said Lot 8,thence South
28°43'08"East,a distance of 61 94 feet to a point on the Southeasterly line of said 60 foot wide strip of real property,said
point being the most Westerly comer of Outlot"A"of Parcel Map No 7742,according to the map thereof recorded in Book
28 of Parcel Maps at Page 83,Fresno County Records,thence South 46°54'04"West,along last said Southeasterly line,a
distance of t04 62 feet to the Southeasterly prolongation of the Southwesterly line of said Lot 8,thence North 43°05'56"West,
along last said Southeasterly prolongation,a distance of 60 00 feet to the POiNT OF BEGINNING
ALSO TOGETHER with that parcel of land being more particularly described as follows
BEGINNING at the Southwest corner of Outlot"A"of Parcel Map No 77-42,according to the map thereof recorded in Book
28 of Parcel Maps at Page 83,Fresno County Records,said Southwest comer being a point on the Southeasterly line of that
certain 60 foot wide strip of land lormerly belonging to the Southern Pacific Railroad Company and formerly known as the
Pmedale Spur,said Southwest comer also being the Easterly comer of that certain portion of said Pinedale Spur quitclaimed to
the City of Fresno pursuant to Quitclaim Deed recorded May 28, 1999 as Document No 1999.081165,of Official Records of
Fresno County,thence South 46154'04"West,along the Southeasterly line of said quitclaimed portion of said Pinedale Spur,a
distance of 104 62 feet to the Southerly corner of said quitclaimed portion of said Pinedale Spur,thence South 43°05'56"East,
along the Southeasterly prolongation of the Southwesterly line of said quitclaimed portion of said Pinedale Spur,a distance of
36 31 feet to a point on the Northwesterly Tight of way line of a public street casement deeded to the City of Fresno by a
document recorded August 6, 1997 as Document No 97100061,of Official Records,Fresno County,said Northwesterly right
of way line being a nun-tangent curve concave to the Southeast and having a radius of 1042 00 feet,a radial to said point bears
North 34°37'43"West,thence Northeasterly along the arc of said curve and along said Northwesterly right of way line,through
a central angle of 4°48'25",an arc distance of 87 42 feet,thence North 7138'11"West,a distance of 15 46 feet,thence North
29°22'35"West,a distance of 41 39 feet to the POiNT OF BEGINNING
EXCEPTING therefrom the North 146 00 feet(measured along the East line)of Lot 8 the Map of Tract No 3095,Woodward
industrial Park,in the City of Fresno,County of Fresno,State of California,according to the map thereof,recorded in Volume
37 of Plats at Pages 82,83,and 84, Fresno County Records
ALSO EXCEPTING therefrom that parcel of land being more particularly described as follows
BEGINNING at the Southeast comer of said Lot 8 of Tract No 3095,thence North 00°02'47"East along the east line of said
Lot 8,a distance of 224 00 feet,thence North 89'57'13"West,parallel and 146 00 feet south of the north line of said Lot 8,a
distance of 222 14 feet to a point on the arc of a non-tangent curve concave Westerly and having a radius of 282 00 feet,a
radial to said point bears South 82°53'55"East,thence Southerly along said non-tangent curve,through a central angle of
03°42'09",an arc distance of 18 23 feet,thence South 89°57'13"East,parallel and 164 00 feet south of the north line of said
Lot 8,a distance of 60 24 feet,thence South 30°13'29"East,a distance of 51 82 feet,thence South 46°55'56"West,a distance
of 19 97 feet,thence South 43°04'04"East,a distance of 202 20 feet,thence North 90°00'00"Fast,a distance of 14 98 feet to
the POINTOF BEGINNING
TOGETHER with underlying fee interest,if any,adjacent to the above described property in and to the adjoining public right-
of-way
MG/Ilk
M-11022 exhibit a parcel b
TitleWorks/ Page 14 of 14