Loading...
HomeMy WebLinkAboutPM 2007-07 - Agreement/Covenant - 8/11/2006 ' - Recording Requested by: City of Fresno C:3 No Fee-Govt.. Code Sections W 6103 and 27383 Mt0811312003,20030186138 � O0 When Recorded, Mail To: 0 U City Clerk CCity of Fresno 2600 Fresno Street .. . ... .. Fresno, CA 93721-3623 APN: 401-050-52. 57 & 401-020-78 CITY of FRESNO Project ID: PM 2001-07 Planning& Development Department Project ID: 5494-0107 Building& Safety Services Division STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT CROSS ACCESS AND MULTI-USE EASEMENTS WHEREAS,NMSBPCSLDHB,a California Limited Partnership,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: Parcels A through B, inclusive, of Parcel Map No. 01-07 according to the map thereof recorded in Book &a of Parcel Maps at Page(s)_ ::. , Fresno County Records; 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 areas, driveways, driveway approaches, landscaping, landscape irrigation,water for domestic and fire protection purposes,sanitary sewer disposal,gas,electric,tele- communication services, refuse container enclosures,emergency accesses,required walls/fences and other requirements in accordance with the approved Tentative Map for Parcel Map 01-07("Tentative Map"), and any amendments thereto, 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 Statement of Covenants Affecting Land Development Parcel Map No. 01-07 Page 2 WHEREAS, the City of Fresno is unable to find that Parcel Map 01-01 is in substantial compliance with the approved Tentative Map for Parcel Map 01-07 ("Tentative Map") until the Covenantor provides assurances that such improvements and buildings will be constructed and maintained in compliance with the conditions of approval of the Special Permit, Tentative Map, the California Building Code and the Fresno Municipal Code. WHEREFORE, COVENANTOR HEREBY COVENANTS AS FOLLOWS: 1. In consideration of the approval and recordation of Parcel Map No. 01-07, 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 or her heirs, successors, and assigns. 2. Each Parcel of the Subject Property shall be developed and used in such a manner as to enable cross access between and among the Parcels for the following purposes: pedestrian and vehicular ingress and egress; shared parking areas; cross drainage of storm water; cross access for utilities (Including but not limited to gas, electricity, water, fire suppression systems, sewer, tele- communications, etc.); emergency services access; landscaping; walls/fences; refuse enclosures; provided the entire scope of the cross access is as approved by the City of Fresno in the Special Permit, regardless of whether the Parcels of the Subject Property are owned or leased by the same or different persons. Statement of Covenants Affecting Land Development Parcel Map No. 01-07 Page 3 3. 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. 4. Any buildings or structures constructed on any parcel of the Subject property must comply with the prevailing California Building Code. 5. 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. 6. 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 ofthe Covenantor unless otherwise agreed between the property owners of each Parcel of the Subject Property by written agreement. 7. At such time Covenantor or subsequent owner(s) sells or transfers any Parcel of the Subject Property, the owner shall disclose this Statement to the buyer and reserve and except from the deed for the Parcel(s), the terms of this Statement. 8. The conditions of this Statement are intended to benefit the public and public properties as well as properties appurtenant. Failure to comply with the terms of this Statement 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 of Fresno shall have the right to enforce this Statement by any legal or equitable means. Statement of Covenants Affecting Land Development Parcel Map No. 01-07 Page 4 9. Each of the covenants, conditions, and restrictions contained in this Statement shall run with the Subject Property and shall be binding on each successive owner of the Subject Property, his heirs, representatives, successors, and assigns. 10. The conditions and obligations of this Statement shall remain in full force and effect until such time as the Development Director of the City of Fresno issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 11. 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. H H H H Statement of Covenants Affecting Land Development Parcel Map No. 01-07 Page 5 DATED: --7 /31 /1 , 200 3 CITY OF FRESNO, COVENANTOR a Municipal Corporation SBPCSLDHB, CBy:Ca i rnia Limited Partnership Y tPlng vino, Director Development Department APPROVED AS TO FORM: FMDAC UM 0 (Covenantor: Attach Notary City Atto y Acknowledgments) By Deputy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT eGti`.ct` .cti_ � >c ercK c�c r�; crcc ecti�c� tic ?cti � �r�r�� �>ryro, State of California J s�� ss. �l i' County of 6191 r� f; i5 i; On Ful4�'Y [�,ZOI?�j} before me,_Aft S,l �¢� . 167Y fBcze Date Name and Title of Officer(e.g.."Jane Doe.Notary Public') l'> personally appeared IZDSFEP7 /VI, 6,949-itluA4 Name(s)of Signer(s) [9personally known to me Cl proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-isherc subscribed to the within instrument and ) I O �SHA � acknowledged to me that he/executed NOiACOMRY AL IC27154ORNIAQ the same in his/4e4#wif-• authorized sAKrACL4RA capacity(ies), and that by his/J;er�ttrei� 1 (' COMK EXP.JULY 23,2004 A signature(s) on the instrument the person(s), or ) the entity upon behalf of which the person(B) acted, executed the instrument. j WITNESS my hand and official seal. Signature of Notary Public 1 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:Li �il�T— D� L�ILJVAit/T—s Document Date: _e:1 Number of Pages: S Signer(s)Other Than Named Above: ►Vu'tK P• Y©VZ.Jot NrLA19CATu r-royroy i Capacity(ies) Claimed by Signer t Signer's Name: WOMM [ Individual Top of thumb here ❑ Corporate Officer—Title(s): Partner—)dlimited ❑General ( ❑ Attorney-in-Fact 1 > ❑ Trustee ( ❑ Guardian or Conservator i,. ❑ Other: Signer Is Representing: NM �� !:2L�,;`�-`�`'�`c,��`t,"-�"-O`'�'�:�:`?�` 1.;�`<S�ti^t�✓?...U_'ti�"`-'C,`Lt�`%;`�,:�`i�37�`�`��%C.`��i:`��i_`Z`�-C,`��C�'-C:�".tg(.Z_`C;�c��'`�-,<9cF,;'L5•:3.� 0 1999 National Notary Association•9350 De Solo Ave_P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder Call Toll-Free 1-BDO-676-6627 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of TULARE I i I On FEBRUARY 20, 2003 , before me, EILEEN SHINE, A NOTARY PUBLIC, Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared DAVID W. TAKATA � Name(s)of Signer(s) ® personally known to me 'I ❑ proved to me on the basis of satisfactory evidence .I I I to be the person" whose namely is/MW subscribed to the within instrument andI 611E1 SHINE acknowledged to me that he/Ebb13Y1tW executed CommtsslonO12�f3 F the same in hislll authorized Notc�►f'ubli .coomft capacity] , and that by his/MNNYMK qr'p ca" signature) on the instrument the persor", or NNComm• ires.Irn�,�04 the entity upon behalf of which the persoo) acted, executed the instrument. I I WITNESS my hand and official seal. I I Place Notary Seal Above Signature of Notary Public I• I EILEEN SHINEI 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. I 'I Description of Attached Document Title or Type of Document: SUBORDINATION i Document Date: FEBRUARY 20, 2003 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: DAVID W_ TAKATA _ ❑ Individual . f' Top of thumb here I ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ¢� Trustee I ❑ Guardian or Conservator I ❑ Other: I. I I. Signer Is Representing: VALLEY INDEPENDENT BANK I� I I 0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 • r SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on December 20, 2001, in the office of the Fresno County Recorder as Instrument No. 2001-0189661 of which the Deed of Trust in by and between NMSBPCSLDHB, a California VALLEY INDEPENDENT BANK, VALLEY INDEPENDENT BANK Limited Partnership,as Trustor, ,as Trustee,and as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for Certain Sewer Connection Charges,Water Connection Charges, Urban Growth Management Fees and Development Fees and Creation of Lien for Parcel Map No. 2001-07. DATED: �= 1 ro Q v , 200 VALLEY INDEPENDENT BANK, AS TRUSTEE: By: C jr—z1' l WO DATED: /-`e- 2-0 , 2003 By: DATED: - 2003 (TRUSTEE:to Type Names,Titles &Attach Notary Acknowledgments ) CLERK'S CERTIFICATION STA TE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On July 31,2003, before me, Elvia Sommerville,Deputy City Clerk,personally appeared,Nick P.Yovino, Planning and Development Director, known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) 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(s) the person(s),or the entity upon behalf of the City of Fresno of which the person(s) acted, executed the instrument. WITNESS my hand and official City Seal. REBECCA E. KL ISCH CITY CLERK a ' Q By CP.�cJto�� Deputy