HomeMy WebLinkAboutPM 2003-31 - Agreement/Covenant - 12/18/2006 r
When Recorded Mail To:
City Clerk
City of Fresno
2600 Fresno Street 1211512006,20060262678
Fresno, CA 93721-3603
NO FEE -GOVERNMENT CODE 6103
CITY OF FRESNO
O Planning and Development Department
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STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT TO CREATE MUTUAL
EASEMENTS AND RECIPROCAL USES FOR
PARCEL MAP NO. 2003-31
Statement of Covenants Affecting Land Development
Parcel Map No. 2003-31
Page 2
WHEREAS, Jaswant Kahlon and Sukhjinder K. Kahlon, husband and wife as community
property, 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 of Parcel Map No. 2003-31 according to the map
thereof recorded in Book (o� of Parcel Maps at
Page(s) SL. d- qO , 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 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 Conditional Use Permit No. C-02-42 and C-03-97 and any
Statement of Covenants Affecting Land Development
Parcel Map No. 2003-31
Page 3
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, the City of Fresno is unable to find that Parcel Map 2003-31 is in substantial
compliance with the Conditions of Approval for Tentative Parcel Map 2003-31 dated
December 13, 2004 ("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.
COVENANTS, CONDITIONS AND RESTRICTIONS
In consideration of the approval and recording of said Parcel Map by the City of Fresno, Covenantor
hereby covenants that the Subject Property shall be held, conveyed, encumbered, used, occupied,
developed,maintained,and improved subjecttothefollowing 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.
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 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 for the following purposes:
Statement of Covenants Affecting Land Development
Parcel Map No. 2003-31
Page 4
a. Pedestrian and vehicular ingress and egress;
b. Shared parking;
C. Drainage for storm water and storm water facilities;
d. All utilities (including but not limited to gas, electricity,water,fire suppression
systems, sanitary sewer, tele-communications, etc.);
e. Access to all buildings and areas for emergency services;
f. Landscaping; walls/fences; solid waste facilities; and
g. Any additional uses pursuant to amendments to the Special Permit approved
by the City.
2. 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.
3. Any buildings or structures constructed on any parcel of the Subject Property must
comply with the prevailing California Building Code.
V�K 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.
� K 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 water supply 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, Tentative Map, the California
Building Code and the Fresno Municipal Code.
Statement of Covenants Affecting Land Development
Parcel Map No. 2003-31
Page 5
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.
11. 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.
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
Statement of Covenants Affecting Land Development
Parcel Map No. 2003-31
Page 6
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. 2003-31
Page 7
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
JASWANT KAHLON and
SUKHJINDER K. KAHLON,
husband and wife as community property
By By:
NWP- vino, Director Jaswant Kahlon
PlannirV and Development Department moi-
By: �it wuiaj ''�C�I,NJe1T_
Sukhjinder K. Kahlon
APPROVED AS TO FORM:
Z-4mev C, SJgNcHF-Z
City Attorney (Attach Notary Acknowledgments)
4Duty�
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I
State of California
County of
FRESNO ss.
Sept. 5 2005 Luanna L. Kitchener Notary Public
On before me, Y
Date Name and Title of OMicere.
( g.,'Jane Doe,Notary Public")
personally appeared Jaswant Kahlon and Sukhjinder K. Kahlorn
Name(s)of Signer(s) )
❑ personally known to me
® proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) xs/are
subscribed to the within instrument and
acknowledged to me that /they executed
the same in kk%b+,ar/their authorized
capacity(ies), and that by his/her/their
LUANNA L.KITCHEN ER signature(s)on the instrument the person(s), or
CommUlon# 1477702
Notary Public-Collfomia � the entity upon behalf of which the person(s)
Fresno County acted, executed the instrument.
My Comm.Expires Apr 5,2008 )
WITNE S my hand and official s I.
Place Notary Seal Above i re of•otary 7c
)
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
Description of Attached Document
I Title or Type of Document:
I
I
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
I
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—T+tle(s):
❑ Partner—❑ Limited ❑General
❑ Attorney in Fact
❑ Trustee
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❑ Guardian or Conservator
❑ Other:
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Signer Is Representing:
I
®1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Call Toll-Free 1-60(}-676-6627
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on
September 19, 2002 , in the office of the Fresno County Recorder as Document No.
20020162916 of which the Deed of Trust in, by and between:
Jaswant Kahlon and Sukhjinder K. Kahlon, husband and wife as Trustor
Valley Independent Bank , as Trustee,
and Valley Independent Bank , 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 PARCEL MAP NO. 2003-31.
DATED: 0�a 1 I DOS Rabobank, N.A. Successor
In Interest To Valley
Independent Bank
BENEFICIARY
Norman L. Clark , Jr .
Its Vice-President
(Beneficiary to print/type Name and Title;
and attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County oft2E5 NO ss.
On before me, )6rnwj,
Date Name itle of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared 01-At2.K-, 7yz• ,
Name(s)of Signer(s)
>(personally known to me
❑ 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
IY�?Aldc he/she/they executed the same in his/her/their
Colon 11b0�71 authorized capacity(ies), and that by his/her/their
"afty AAlc-CaMo40 signature(s) on the instrument the person(s), or the
►wrwcouAr entity upon behalf of which the person(s) acted,
Mttconr►6IMp 11, executed the instrument.
WIT SS my hand and official seal.
Place Notary Seal Above
ign lure of Notary 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:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑General
❑ Attorneyin Fact '
Top of thumb here El in Fact Top of thumb here
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1.800-876-6827
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On December 6. 2006 , before me, Elvia Sommerville , Deputy City Clerk, personally
appeared, Nick P. Yovino. Planning and Develogment Director, 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 be 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.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK, CMC
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By t'�
Deputy