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Home My WebLink AboutPM 2002-19 - Agreement/Covenant - 6/9/2006 Io When Recorded Mail To: IIII III III I III II II IIII I I VIII III III I IIII I IIII I III City Clerk FRESNO County Recorder City of Fresno Robert C, Werner 2600 Fresno Street DOC— 2004-0193125 Fresno, CA 93721-3603 Acct 1-Financial Title Company (C) Monday, AUG 30, 2004 08:00:00 Tt 1 Pd $0.00 Nbr-0001581418 NO FEE-GOVERNMENT CODE 6103 r g r/R7/2—10 and 27383 CITY of FRESNO Planning and Development Department P.W. File No. 5494-2002-19 APN: 311-320-66 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT CREATING RECIPROCAL EASEMENTS FOR THE DISCHARGE OF SURFACE STORM WATER FOR PARCEL MAP NO. 2002-19 Statement of Covenants Affecting Land Development : Reciprocal Easements for Discharge of Surface Storm Water Parcel Map No. 2002-19 Page 2 WHEREAS, M. L. STREET PROPERTIES, a Joint Venture, 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, B and C, inclusive, of Parcel Map No. 2002-19 according to the map thereof recorded in Book la y of Parcel Maps at Page(s) 3 , 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 the Subject Property with buildings, structures, parking areas, driveways, driveway approaches, landscaping and other improvements pursuant to the approved Site Plan Review No. 02-110 dated August 20, 2002 , hereinafter referred to as the "Project" and incorporated into this Statement by this reference; and, WHEREAS, such improvements were designed and constructed to discharge surface storm water over the Subject Property prior to Covenantor's election to subdivide the Subject Property; and WHEREAS, the Subject Property is proposed to be subdivided in such a manner that each parcel of the Subject Property will be compelled to use portions of other parcels of the Subject Property to maintain the discharge of surface storm water as designed and constructed for the Project; and, Statement of Covenants Affecting Land Development Reciprocal Easements for Discharge of Surface Storm Water Parcel Map No. 2002-19 Page 3 WHEREAS, the City of Fresno is unable to find that Parcel Map 2002-19 is in substantial compliance with the approved Tentative Map for Parcel Map 2002-19 ("Tentative Map") unless Covenantor provides assurances that the discharge of surface storm water will be maintained in accordance with the conditions of approval for the Project, the Tentative Map, the California Building Standards Code and the Fresno Municipal Code; and, WHEREAS, the Covenantor and the City desire to enter into an agreement providing for reciprocal cross-access easements and the maintenance of the surface storm water discharge system as designed for the Project over each parcel of the Subject Property to satisfy the conditions of approval of the Tentative Map for the discharge of surface storm waters and for the City to approve and file Parcel Map No. 2002-19 for recording, COVENANTS, CONDITIONS, AND RESTRICTIONS The 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 Reciprocal Easements for Discharge of Surface Storm Water Parcel Map No. 2002-19 Page 4 1. Covenantors, and each of them, hereby grants to and accepts from, each owner of the parcels of the Subject Property, reciprocal easements for the discharging of surface storm waters over, under, through and cross each of the parcels of the Subject Property. The reciprocal easements shall include all rights of access to enter upon the affected parcels for inspection and maintenance. 2. Covenantors, and each of them, agree to not interfere, or allow the interference with, the installation, maintenance and use of the storm water discharge facilities. 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. 3. Covenantors, and each of them, agree to maintain and assure unimpeded, free access and adequate drainage in their area and all of the improvements of the area located within their parcel easement area and to keep them in good condition, repair, clean and free of any hazards to persons using said areas. 4. At such time Covenantor or subsequent owner 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, the terms of this Statement. 5. 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 Reciprocal Easements for Discharge of Surface Storm Water Parcel Map No. 2002-19 Page 5 6. Covenantors shall defend and indemnify the City against, and hold the City harmless from, all claims arising from the development and use of the fire service connection and fire suppression system anticipated by this Statement of Covenants. 7. The conditions and obligations of this Statement shall remain in full force and effect until such time as the Planning and 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. 8. 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. i Statement of Covenants Affecting Land Development Reciprocal Easements for Discharge of Surface Storm Water Parcel Map No. 2002-19 Page 6 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation M. L. STREET PROPERTIES a Joint Venture By: Central City Development, LLC a California Limited Liability Company It's Joint Venture Partner B Y ick ovino, Director Thomas G. Richards, Managing Member Pla ing and Development Department Attach Notary Acknowledgments (8 '/2" v 11" format) APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By -05 Deputy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On June 7, 2004,_before me, Leta M. Ciavaglia, Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' Personally appeared THOMAS G. RICHARDS NAME(S)OF SIGNER(S) Q personally known to me—OR- ❑ 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 ac- knowledged 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 LETA M. CIAVAGLIA person(s)acted, executed the instrument. Comm.01305448 to •� NOTARY PUBLIC-CALIFORNIA =, WITNESS my hand and official seal. ` Fresno County / My Comm.Expires June 20,2005 e Signatur otary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR T E OF DOCUMENT Title(s) ❑ PARTNER(S) ❑ LIMITED ct�& ❑ GENERAL UMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: GNER( OTHER THAN N lb ABOVE SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) i Parcel Map No. 2002-19 P. W. File No. 5494-2002-19 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on February 20, 2003 as Document/Instrument No. 20030040873, in the office of the Fresno County Recorder of which the Deed of Trust in, by and between TRUSTOR: M.L. Street Properties, a Joint Venture and TRUSTEE: Financial Title Company and BENEFICIARY: California Bank & Trust, a California Banking Corporation hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development Creating Reciprocal Easements for the Discharge of Surface Storm Water for Parcel Map No. 2002-19. DATED: TRUSTEE or BENEFICIARY By By: (Trustee/Beneficiary to type/print Names and Titles; attach Notary Acknowledgments) t '1 �i a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On June 7, 2004,`before me, Leta M. Ciavaglia, Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" Personally appeared WILLIAM T. KEENER NAME(S)OF SIGNER(S) personally known to me—OR - ❑ 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 ac- knowledged 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 LETA M. CIAVAGLIA person(s)acted, executed the instrument. Comm.#1305448 ,^ NOTARY PUBLIC-CALIFORNIA N Fresno County .. 005 WITNESS my hand and official seal. MY Comm.Expires June 20,2 "� Si ature of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR T E OF DOCUMENT Title(s) ❑ PARTNER(S) ❑ LIMITED EA� ❑ GENERAL NU BER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: NER(S)OTHER THAN NAMED)IBOVE SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) r CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On August 3,2004, 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, CMC CITY CLERK By Deputy August 3,2004(3:14pm)