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Home My WebLink AboutPM 2002-31 - Agreement/Covenant - 8/11/2006 Recording Requested by City Clerk, Fresno, California 010 No Fee-Govt. Code 6103 212003120030153254 Return to City Clerk, Fresno P, E,r S,= CCtiFC—h��i� ABOVE SPACE FOR RECORDER'S USE ONLY Project ID: PM 2002-31 CITY of FRESNO APN 506-320-30 Planning & Development Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT (PARCEL MAP NO. 02-31) WHEREAS,Vandalay Investments,a California Corporation,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 C, inclusive, of Parcel Map No. 2002-31 ccording to the map thereof recorded in Bookof 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, requir, walls/fences and other requirements in accordance with the approved Tentative Map for Pt Map 02-31 ("Tentative Map"), and any amendments thereto, in such a manner that each pr the Subject Property will be compelled to use portions of other Parcels of the Subject Pror Statement of Covenants Affecting Land Development Parcel Map No. 02-31 Page 2 WHEREAS, the City of Fresno is unable to find that Parcel Map 02-31 is in substantial compliance with the approved Tentative Map for Parcel Map 02-31 ("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. 02-31, 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. 02-31 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. Covenantors, hereby grant to, and accept from the other, the Reciprocal easements between Parcels A, B and C , as shown on Parcel Map No. 2002-31, only;for cross access and adequate drainage over,through and across all adjacent parcels, as set forth above in paragraph 2: 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. Statement of Covenants Affecting Land Development Parcel Map No. 02-31 Page 4 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. 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. Statement of Covenants Affecting Land Development Parcel Map No. 02-31 Page 5 DATED: 30 , 2003 CITY OF FRESNO, COVENANTOR a Municipal Corporation Vandalay Investments, a California Corporation ey rpment no, Director DeDepartment By: � Robert W Die President APPROVED AS TO FORM: HILDA CAN By:MON Y City Attorn K Ilie A. Diel, Secretary By Deputy (Attach Notary Acknowledgments for Covenantor) CITY CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On w-n-e 3 0 , 2003, before me, 4-n-, k"�1personally appeared 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 Statement of Covenants Affecting Land Development PM 02-31 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on March 29, 2002, in the office of the Fresno County Recorder, as Document No. 2002-0052766 of which the Deed of Trust in by and between Vandalay Investments, a California Corporation, as Trustor, United Security Bank,a California State Banking Association, as Trustee, and United Security Bank, a California State Banking Association, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT (PARCEL MAP NO. 2002-31) DATED: �)-R , 200 United Security Bank, a California State Banking Association, as Trustee Katherine Karst, Vice-President (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California ty -�.S b Coun of ss. /► On ��I � , �� before me,r-1•MG(1t P kr&-MAOCA, , Date arra and Title of Officer(e. JJane ,Notary Public") personally appeared -(7b.�� Name(s)of Signer(s) Versonally known to me eyjtJarcr l to be the persor whose namqg Yjare subscribed to the within instrument and acknowledged to me that !�qii /they executed the same in JW7P F/their authorized WM arie Pe z Ma iscal capacity(ies), and that by hy'Edr/their omm.#1242870 c, signature(s)on the instrument the person(s), or ARYPUBLIC-CALIFORNIA the entity upon behalf of which the persons) FREStr'0 COUNTY acted, executed the instrument. rlm.Expires Nov.21,20G� 11#1W- trAk)AQ!W4 WITNESS my nd and official seal. � J Signa of Nota Public , I 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 current I l OF CoVp � �iK//,S i.. Title or Type of Document: / VAX 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 1999 National Notary Association•9350 De Soto Ave.,P.O.Bo:2402•Chatsworth.CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder Call Toll-Free 1-600-676-6627 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �s � State of California County of -� S(7 O ss. On r I 94 ,962 before me, Date Name an Title of O" (e.g.,'Jane Doe, ry Publi ) personally appeared /`� S T Y T Name(s)of Signer ) IF [personally known to me �j_ atisfactory evider to be the person.* whose name* is/tW subscribed to the within instrument and acknowledged to me tha(MiFshe/oy executed the same in l er/t* authorized capacity(, and that by Iyu' /her/fir signature(plabn the instrument the persoDW, or A• Marie Perez Mariscal the entity upon behalf of which the persorIK .> Comm, #1242870 -� acted, executed the instrument. u7, NOTARY PUBLIC-^ I C) (! �. / �.A�IFORNiA y yam FRESNO C h .2, n WITNESS m U'1TY 5,0;,E„ ovy h d d offici ;. .. gnature of otary Public 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: �.1�v'di bn 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 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 1-000-676{627