HomeMy WebLinkAboutPM 2003-37 - Agreement/Covenant - 3/10/2005 (3) a
When Recorded Mail To:
City Clerk
City of Fresno
2600 Fresno Street
ZFresno, CA 93721-3603 03�08�1005,Z005005�794
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a CITY OF FRESNO
Planning and Development Department
Project ID: PM 2003-37
S-03-221
APN 404-081-68
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND
RECIPROCAL USES FOR PARCEL MAP NO. 2003-37
Statement of Covenants Affecting Land Development
Parcel Map No. 2003-37
Page 2
WHEREAS,PREMIER COMMERCIAL INVESTMENTS, LLC,a California Limited Liability
Company, 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. 2003-37 according to
the map thereof recorded in Book (oi of Parcel Maps at
Page(s) .5(1 f' 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 suppression systems, common sewer house branch, gas,
electric, tele-communication services, refuse container enclosures, emergency accesses, required
walls/fences and other requirements in accordance with the approved Special Permit application
designated as Site Plan Review No. S-03-221 and any 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, Covenantor, subsequent to Special Permit, has filed Vesting Tentative Parcel
i
i
Statement of Covenants Affecting Land Development
Parcel Map No. 2003-37
Page 3
Map 2003-37 to subdivide the Subject Property; and
WHEREAS, the City of Fresno is unable to find that Parcel Map 2003-37 is in substantial
compliance with the Conditions of Approval for Vesting Tentative Parcel Map 2003-37 dated February
26, 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 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.
1. 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,cross drainage of storm water;cross access for utilities (Including
but not limited to, water, fire suppression systems, common sewer house branch, etc.), emergency
services access, 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
Statement of Covenants Affecting Land Development
Parcel Map No. 2003-37
Page 4
are owned or leased by the same or different persons.
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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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,
Statement of Covenants Affecting Land Development
Parcel Map No. 2003-37
Page 5
his heirs, representatives, successors, and assigns.
9. 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.
10. 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. 2003-37
Page 6
DATED: 04
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
PREMIER COMMERCIAL INVESTMENTS,
LLC, a California Limited Liability Company
By: tkno, - By:
Director avid Kroe er, President
Development Department
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorn
(Attach Notary Acknowledgments for
Covenantor)
By
Deputy
City of Fresno Mailing Address:
Development Department
Planning Division
2600 Fresno Street
Fresno, CA 93721-3604
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On ®t' �Ltck� before me, - lTru�
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Pubicl
personally appeared!16 K
Name(s)of Signer(s)
❑personally known to me
'S proved to me on the basis of satisfactory
evidence
to be the personH whose name(e) is/are
CAROLNNRAIdpA subscribed to the within instrument and
Cawnholon#►1304938 acknowledged to me that he/aWthey-executed
fYotory pubic-CowonVa the same in his/her/their authorized
Fnmm Coady capacityfies), and that by hisfher/tbeif
MV Comm.ExpilimAig 1, signature(*on the instrument the person(s), or
the entity upon behalf of which the person(e)
acted, executed the instrument.
WI NESS my hand and official seal.
Signature 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
Signer's Name: VICUP
ef"I Em
❑ 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.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Ca9 Toff-Free 1-8W-878.8827
PM 2003-37
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on August 6. 2004 , in the office of the Fresno County Recorder,
Document No. 2004-0172001 of which the Deed of Trust in by and between:
Premier Commercial Investments. LLC, a California Limited Liability Company as Trustor,
United Security Bank, a California Financial Institution , as Trustee,
and United Security 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. 2003-37.
DATED:
BENEFICIARY
United Security Bank
Katherine Karst, Vice President
(Attach Notary Acknowledgement)
i
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
- - - - - - - - - - - - - - - - - - -
State of California
ss.
County of F2'CS \Q
On 3C:, a L before me, 0-LA-VU S i rT i-i
Date Name and Ttle of Officer(e.g.,'Jane Doe,Notary Public'
personally appeared `1� '1r��'�Q-- ars-t" ,
Name(s)of Signer(s)
16ersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(* whose name( is/ere
subscribed to the within instrument and
CAROL HC4 acknowledged to me that)r a/sheA hW executed
rnm
CoWlon# 1�g38 the same in Isis/her/their authorized
Notary PubNc-CcOomtc capacity(iesj, and that by his/her/their
Fresno Courdy signature(*on the instrument the person(e)r, or
My Comm.ExpkmAug 1,2W4 the entity upon behalf of which the person(*
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Pudic
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
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.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Cell Toll-Free 1.800-87f1-8827
PM 2003-37
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on March 14. 2003 , in the office of the Fresno County Recorder,
Document No. 2003-0059153 of which the Deed of Trust in by and between:
Premier Homes. a California General Partnership as Trustor,
First American Title Insurance Company, a California Corporation , as Trustee,
and California Baptist Foundation. a California Non Profit Corporation , 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. 2003-37.
DATED: October 26, 2004
BENEFICIARY
California Baptist Foundation,
a California Non Profit Corporation
-A V"/. j��
Philip Kell, Sr. Vice President
David H. Park, Chiel Financial Officer
(Attach Notary Acknowledgement)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of C-:Si-I13
On Cc7Z13Ef� _q6, _qoc4 beforeme, 505,4i! A. j341VO,25,
Date Name and Title of Offic r(e.g.,"Jane Doe,Notary Public")
personally appeared �h( �i W 1� " An;0 D 14 of) i�2K
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)+-dare subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in hi%44w/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,
WW A SANDERS executed the instrument.
(AMM.#1464823
MAIN MW-CAI FOW WOW c � WITNESS my hand and official seal.
114 N.EVW Feb.21.21M
Signature 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: Sb 6 D 2 D; of ATI b
Document Date: OCT. 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 ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee _
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1995 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876.6627
CLERK'S CERTIFICATION
STATE OF CALIFORNL4 )
COUNTY OF FRESNO )
CITY OF FRESNO )
On December 31,2004,before me,Erika Leyva,Deputy City Clerk,personally appeared Nick P.
Yovino,Director Planning and Development Department,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
By r r
D