HomeMy WebLinkAboutPM 2001-12 - Agreement/Covenant - 8/11/2006 Recording Requested by
City Clerk, Fresno, California
No Fee-Govt. Code 6103
Return to City Clerk,Fresno 05/16/2002,20020080235
'14 4P
Parcel Map No.01-12 CITY of FRESNO
APN 405-331-18 Planning & Development Department
Building & Safety Services Division
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
CROSS ACCESS AND MULTI-USE EASEMENTS
WHEREAS, Fresno Fourplex,L.P., a California Limited Partnership, 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 as follows:
Parcels A through J, inclusive, of Parcel Map No. 01-12 according to the map thereof
recorded in Book—Lal—of Parcel Maps at Page(s) 1 , 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,
Statement of Covenants Affecting Land Development
Parcel Map No. 01-12
Page 2
tele-communication services, refuse container enclosures, emergency accesses, required
wallstfences and other requirements in accordance with the approved Tentative Map for Parcel
Map 01-12 ("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 adjacent Parcels of the Subject
Property; and
WHEREAS, the City of Fresno is unable to find that Parcel Map 01-12 is in substantial
compliance with the approved Tentative Map for Parcel Map 01-12 ("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. 01-12,
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.
Statement of Covenants Affecting Land Development
Parcel Map No. 01-12
Page 3
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: 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.
3. Covenantors, hereby grant to, and accept from the other, the following reciprocal
easements for pedestrian and vehicular ingress and egress; shared parking areas, through and
across only those adjacent parcels set forth below:
(a) Reciprocal easements between Parcels A and B only;
(b) Reciprocal easements between Parcels B and C only;
(c) Reciprocal easements between Parcels C and D only;
(d) Reciprocal easements between Parcels D and E only;
(e) Reciprocal easements between Parcels E and F only;
(f) Reciprocal easements between Parcels F and G only;
(g) Reciprocal easements between Parcels G and H only;
(h) Reciprocal easements between Parcels H and I only;
(i) Reciprocal easements between Parcels I and J only;
4. 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.
Statement of Covenants Affecting Land Development
Parcel Map No. 01-12
Page 4
5. Any buildings or structures constructed on any parcel of the Subject property must
comply with the prevailing California Building 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 to the buyer and reserve and except
from the deed for the Parcel(s), the terms of this Statement.
9. 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.
10. 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.
Statement of Covenants Affecting Land Development
Parcel Map No. 01-12
Page 5
11. 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.
12. 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.
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Statement of Covenants Affecting Land Development
Parcel Map No. 01-12
Page
DATED: 5—1 9 , 2002
CITY OF FRESNO, COVENANTOR
a Municipal Corporation Fresno Fourplex, L.P.,
a California Limited Partnership
By: Ginder Development Corporation
By as General Partner
i . Y vino, Director
Plan I
ing & Development Department
Ri rd C. Ginder, Jr., Presi TP
t
APPROVED AS TO FORM:
HILDA CANTU ONTO
City Attome
(Attach Notary Acknowledgments for
Covenantor)
By
Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of k?d
On i) 6/' q00 2 , before me, •
Date / ams and Title of Officer(e.g.,"Jane ,Notary Pu is")
personally appeared �'�h � C`�
Name(s)of Signer(s)
E6ersonally known to me i
he tory
exid nce
to be the persor�4 whose nameM is/aI!e
subscribed to the within instrument and
acknowledged to me that /sge/4ey executed
A.Marie Perez-Mariscal the same in his/tj, /tla authorized
Comm.#1242870 capacity( and that by his/F Wtla4i;
- NOTARYPUBLIC-CALIFORNIA signature(e}cin the instrument the person(4,, or
fRESNOCOUN. the entity upon behalf of which the erso
My Comm.Expires Nov.21,2003 Y P P
acted, executed the instrument.
WITNESS my hand and official seal.
�i /7-? -,ce 4�,
Place Notary Seal Above Signature olNotary P-1
is
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� —�/ r��1�'�'
timent
Title or Type of Document: �9� ��'�G�1�
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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
CITY CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
Ong' - 1'� , 2002, before me, impersonally
appeared `�-t. � (�1d2�c�0 personally known to me (or provided to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her
signature on the instrument the person, or the entity upon behalf of the CITY OF FRESNO of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
CITY CLERK
REBECCA E. KLISCH
By
DEPUTY
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded
on May 11,2001 as Documentlinstrument No.2001-0064337 in the office of the Fresno County Recorder
Of which the Deed of Trust in, by and between TRUSTOR: Fresno Fourplex,L.P., a California Limited
Partnership and TRUSTEE: United Security Bank Financial Institution and BENEFICIARY:United Security
Bank Real Estate Construction hereby expressly subordinates said Deed of Trust and its beneficial interest
thereto to the foregoing Statement of Covenants Affecting Land Development (Parcel Map No. 01-12).
DATED: ' 2002
TRUSTEE
United Security Bank Financial Institution
By:
Vice President
(Beneficiary to Type Names, Titles &Attach Notary Acknowledgments)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califorr�ja
ss.
County of /7 J
-p
Onyy e� 2�1J� ;ore me,
Date Na Title of r . . JJa/an,�eD64ry(P" c'
personally appeared ��< tC �cJl ,I�,
Name(s)of Signe s) JIV
personally known to me
9 proved —&W basfi�; 1:1 sail factellf
a to be the person(&"hose names} 0afe—'
subscribed to the within instrument and
.•
A.Mane Perez-Mariscal acknowledged to me that ha/she/they executed
Comm.#1242870 the same in UtsMer/their authorized
NOTARY PUBLIC-C4L
capacity(iesr); and that by bis/her/their
My C0"'mR PlresC%�l,2003~ signature( -on the instrument the person*,, or
the entity upon behalf of which the person(s}-
acted, executed the instrument.
WITNESS my hand official seal.
Place Notary Seal Above Signature d ry ublic
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 D c ment / ,1
Title or Type of Document: �3 fl�l�s► G��Zr�J�� 144
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual
Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑Limited ❑General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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