The URL can be used to link to this page

Home My WebLink AboutPM 2004-13 - Agreement/Covenant - 6/12/2006 (2) RECORDING REQUESTED BY O) WHEN RECORDED MAIL TO: - -- . _ _. _ a - 06/09/1006,10060111014 Cn UJ CL _..... . SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE Parcel Map No. 2004-13 COVENANT (For Cross Access Easement and Surface Drainage) Recitals A. The undersigned, CIMA GOLDEN STATE VENTURES I, LLC, hereby represents and warrants that it is the record owner of Parcel A of Parcel Map No. 99-25, according to the map thereof recorded in Book 60, Pages 35 and 36, of Parcel Maps, Fresno County Records, situated in the City of Fresno, County of Fresno, State of California (the "Subject Property"); and B. Pursuant to Parcel Map No. 2004-13, the undersigned will subdivide the Subject Property into two (2) new Parcels (collectively, "the New Parcels," and individually, "New Parcel A" and "New Parcel B," as depicted on Parcel Map No. 2004-13); and C. Either of the New Parcels may be separately sold or conveyed, so that in the future there may not be common ownership of New Parcel A and New Parcel B; and D. The City of Fresno (the "City") has required as a condition of approval of Parcel Map No. 2004-13 that adequate rights of ingress and egress be maintained for each of the New Parcels, and that adequate provision be made for surface drainage for New Parcel A over New Parcel B to the catch basin on New Parcel B. Agreement NOW, THEREFORE, as required by the City, and in consideration of the foregoing and the issuance by the City of the necessary special and/or building permits and certificates in connection with the proposed development of the Subject Property, the undersigned hereby covenant, promise and agree with the City, for the benefit of the City, its public property, each of the New Parcels, and each other, as follows: 1. Granted by separate instrument is an easement over New Parcel B described in Exhibit "A" attached hereto and incorporated herein for ingress and egress (referred to on said Map as the "Easement for Common Access for the Use of Parcels A and B" and referred to in this Covenant as the "Access Easement"), which shall not be used in any way to obstruct the use of said easement by other lawful users, and which shall otherwise comply with all of the requirements of this Covenant. Said Access Easement shall grant New Parcel A the right to place one (1) driveway on New Parcel A, with its access off of said easement and with such driveway not to exceed a nominal width of twenty-four (24) feet, not including customary curb returns at the entrance to such driveway, to be located completely within that portion of New Parcel A which abuts said Access Easement. Further, such driveway shall be located no closer than one hundred twenty-five (125) feet from North Golden State Boulevard. Prior to submission of an application for site plan review to the City, the owner of New Parcel A shall submit to the owner of New Parcel B its request for the precise location of said driveway. 2. In consideration of the grant of the Access Easement, the owner of New Parcel A shall bear one hundred percent (100%) of the costs of constructing the driveway described in paragraph 1 above, including, without limitation, the cost of the curb cuts and related expenses. 3. The repair and maintenance costs of the area described in Exhibit "B" attached hereto and incorporated herein (the "Repair and Maintenance Area") shall be allocated five percent (5%) to New Parcel A and ninety-five percent (95%) to New Parcel B. For the purpose of the Repair and Maintenance Area, repair and maintenance costs shall include periodic road repairs, resurfacing and/or resealing, and other road maintenance as determined in good faith by the owner of New Parcel B. The obligation of payment by New Parcel A of its five percent (5%) share shall commence when a building permit is issued for the development of New Parcel A. The owner of New Parcel B shall give the owner of New Parcel A written notice of any amount(s) payable hereunder, which notice shall include copies of all paid invoices supporting and evidencing both the total and the allocation of the repair and maintenance costs for which payment is requested. Payment of such amounts shall be made by the owner of New Parcel A within thirty (30) days after receipt of such notice unless written objection is given to the owner of New Parcel B within five (5) business days of receipt of such notice by the owner of New Parcel A. 4. Granted by separate instrument is an easement in favor of New Parcel A for surface drainage across New Parcel B, along the area described as the southerly 34.75 feet of Parcel B (the "Surface Drainage Easement"). 5. Granted by separate instrument is an easement over New Parcel A in favor of New Parcel B for fire access (the "Fire Access Easement"). The location where the Fire Access Easement enters New Parcel B from New Parcel A shall not be relocated without prior approval of the City and advance written notice to the owner of New Parcel B. The owner of New Parcel A shall be responsible for any and all costs related to the relocation of the Fire Access Easement on New Parcel A and the Fire Access Easement on New Parcel A shall be maintained at the sole cost of the owner of New Parcel A. 6. Granted by separate instrument is an easement for sewer house branch (the "Sewer House Branch Easement") described in Exhibit "C" attached hereto and incorporated herein for the use of New Parcel A. Said easement is for the sole purpose of constructing and maintaining a sewer house branch and the owner of New Parcel A shall give the owner of New Parcel B five (5) business days prior written notice of any proposed entry on New Parcel B for construction or maintenance; provided, however, that in the event of an emergency, the owner of New Parcel A may enter New Parcel B without notice. Said easement requires the owner of New Parcel A, at its sole cost and expense, to repair, refurbish and/or replace the condition of New Parcel B to its state prior to any construction or maintenance within a reasonable period of time. Whether due to construction or maintenance, the owner of New Parcel B shall at all times have "unrestricted access" on the Repair and Maintenance Area. For purposes of this paragraph, "unrestricted access" shall be defined as the ability at all times to drive a vehicle up to one hundred and two (102) inches wide by seventy (70) feet long on the Repair and Maintenance Area without delay of more than five (5) minutes. 7. The rights and obligations described herein with respect to all matters described herein, including, without limitation, the Access Easement, the Surface Drainage Easement, the Fire Access Easement and the Sewer House Branch Easement, shall constitute covenants running with the land, jointly and severally binding the undersigned and each of its heirs, representatives, successors and assigns. 8. In the event any action is brought to enforce or interpret this Covenant, the prevailing party shall be entitled to recover such reasonable attorneys' and consultants' fees and costs as determined by the court. 9. Without limiting any of the remedies otherwise available at law or in equity, this Covenant is specifically enforceable. 10. Any easement granted hereunder shall be subject to the approval of the City, and the City is granted the independent right to enforce any provision of this Covenant. IN WITNESS WHEREOF, this Covenant is executed this Cpl day of April, 2006, by CIMA GOLDEN STATE VENTURES I, LLC, a California limited liability company By: Cima Management Corporation, a California corporation, Its M ber a d Manager Mark B. Schuh, Pr dent c:Vdrive\wordfdes4;iuwkulmWtodistfuc\iucobellis p=el=p\;gsvicovrevezecution.doe EXHIBIT "A" "Easement for Common Access for the Use of Parcels A and B" That portion of Parcel B of Parcel Map No. 2004-13, according to the map thereof recorded in Book �L of Parcel Maps at Pages Fresno County Records, being more particularly described as follows: BEGINNING at the Southeast corner of said Parcel B;thence North 41°01'27"West, along the East line of said Parcel B,a distance of 109.79 feet to the Southeast corner of Parcel A of said Parcel Map No.2004-13; thence along the South line of said Parcel A the following courses: South 48°59'39" West, a distance of 68.25 feet to the point of curvature of a tangent curve, concave Northerly and having a radius of 120.00 feet;thence Westerly along said tangent curve,through a central angel of 33°14'34", an arc distance of 66.62 feet;thence South 82'14'13" West, a distance of a distance of 235.10 feet to the Southwest corner of said Parcel A; thence South 07°45'47"East, leaving the South line of said Parcel A, a distance of 34.75 feet to a point on the South line of said Parcel B; thence North 82'l 4'l 3"East,along the South line of said Parcel B, a distance of 418.18 feet to the POINT OF BEGINNING. Said easement contains 17,808 square feet,more or less. F��Np SUR v� IAE GY,, /o i No.6945 v ,F Exp.D"30 07 ,k 1 �P W ST�rf OF CA1-�F��\ B-04077 Word 3/20/06, gp ID005104077EXCDOC EXHIBIT"A" Page 1 of 2 EXHIBIT "A" Access t t > > E Z``F,'�seigien��CFnM A o h el and B" (SHEET 2 OF 2) . .....WEST G_ET_T_YS_BU_RG AVENUE �. (ALIGNMENT) _ S.P.R.R. A7W ` O EAST LINE OF PARCEL B \ PARCEL MAP No. 2004-13 13 c� P O0�Iu 4LG�'rlpet e 1? PQ0p,P R=120.00' P S GE A=33`14'34" o,Y� GES Pg �� T=35.82' Y PgC oLQ P� 000 CH=68.65. co 6�. �p9 ll- eoo \ g 82'14'13"W 235.10' \ N 07°45'47"W 418.18' 34.75' rl $21413"E POINT OF BEGINNING SOUTHEAST CORNER OF SOUTH LINE OF PARCEL B PARCEL B, P.M- No- 2004-13. PARCEL MAP No. 2004-13 LEGENT� L�LILLL1Ld INDICATES AREA TO BE USED FOR COMMON ACCESS FOR PARCELS A & B OF PARCEL MAP No. 2004-13. CONTAINS 17,808± SQUARE FEET. SCALE: 1"=100' 100 50 0 100 200 300 SCALE IN FEET �Q LAND S� No. L 6945 * Exp. 09-30-07 * MAS—�y— Nw L s (OF CALZF�~P REVISED MARCH 20, 2006, GP PLOT VIEW: PLOT EXHIBIT A EXHIBIT«A» ACAD File: \MAPS\04077PM.DWG Page 2 of 2 GREENWOOD'S I.D. No. B-04077 EXHIBIT `B" "Repair and Maintenance Area" That portion of Parcel B of Parcel Map No. 2004-13, according to the map thereof recorded in Book 4k of Parcel Maps at Pages 19 4- ( , Fresno County Records, being more particularly described as follows: BEGINNING at the most Southeasterly comer of Parcel B of said Parcel Map No. 2004- 13;thence South 82° 14' 13" West, along the South line of said Parcel B, a distance of 890.18 feet;thence at right angle North 07°45' 47" West, a distance of 34.75 feet to a point on the Southwesterly prolongation of the Southerly line of Parcel A of said Parcel Map No. 2004-13; thence North 82° 14' 13 "East, along said Southwesterly prolongation and along the Southerly line of said Parcel A, a distance of 707.10 feet to the point of curvature of a tangent curve, concave Northerly and having a radius of 120.00 feet; thence Northeasterly along said tangent curve,through a central angle of 33° 14' 34", an arc distance of 69.62 feet; thence North 48° 59' 39"East, a distance of 68.25 feet to the Westerly right of way line of North Golden State Boulevard, said point also being the most Easterly comer of said Parcel A; thence South 41'01' 27"East, along the Westerly right of way line of North Golden State Boulevard, a distance of 109.79 feet to the point of BEGINNING. Said easement contains 34,209 sq. ft. � � o No.6945 v y} Exp.09-30-07 ,k ,w\ TATE OF B-04077 Word 3/20/06, gp IDOCS104077M.DOC EXHIBIT`B" Page 1 of 2 Tce r ��B I T « B a » Re air ' a (SHEET 2 OF 2) i b 41, POINT OF BEGINNING t—j I eQ1 O� SOUTHEAST CORNER OF FI �� PARCEL B, P.M. No. 2004-13. LEGEND R=120.00' INDICATES AREA TO BE USED FOR A=33'14'34" REPAIR AND MAINTENANCE FOR L=69.62' PARCELS A & B OF PARCEL MAP No. / T=35.82' 2004-13. CONTAINS 34,209± SQUARE i CH=68.65' FEET. �I zl �I 0 x,,13 CEL A 204-TTom�. Ag No. MP V p A of p PROEM E R. PA: Ce 0KPcs Ps P rn I�.,,I o "•1 CC uD Fia /EASTW SCAM: 1"=100' LINE OF PARCEL B TW�IC PARCEL MAP No. 2004-13 0 100 200 V U11 O � SOUTH LINE OF PARCEL B 3 PARCEL MAP No. 2004-13 �I r r 0 $ OQA•-13�a' cO ?AgCEN0.j P - V)EL ,&A E MPPs P I P AgC of P P I eooK/ I MA L 4 i I �a LAND 4. I � � No. L 6945 * Exp. 09-30-07 S 07°45'47"E Q 34.75' ti REVISED MARCH 21, 2006, GP OF CA`lE� PLOT VIEW: PLOT EXHIBIT B EXHIBIT caB�f ACAD File: \MAPS\04077PM.DWG GREENWOOD'S I.D. No. B-04077 EXHIBIT "C" "Sewer House Branch Easement" That portion of Parcel B of Parcel Map No. 2004-13, according to the map thereof recorded in Book j�L of Parcel Maps at Pages Z—and , Fresno County Records, being more particularly described as follows: BEGINNING at the most Easterly corner of said Parcel B;thence South 82'14'13"West, along the Southerly line of said Parcel B, a distance of 263.18 feet to the TRUE POINT OF BEGINNING of this description; thence continuing South 82'l 4'13" West, a distance of 10.00 feet;thence North 07°45'57" West, leaving said Southerly line, a distance of 34.75 feet; thence North 82'14'13"East, a distance of 10.00 feet;thence South 07°45'57" West, a distance of 34.75 feet to the TRUE POINT OF BEGINNING. Contains 348 square feet, more or less. S�,0 SAN D SU'9 <o mac.' yaP F2. � " � o I v; No.6945 0 EYP.09 30 07 �cc �e �T41E OF CA��F��r B-04077 Word 3/20/06, gp IDOCS104077EXC.DOC EXHIBIT"C" Page 1 of 2 EXHIBIT "C" r e 77 EX-TL-`,J-JL-erNLj-N,JJLTBement" c (SHEET 2 OF 2) X13 L � 200 Y�RYE�oQP�s GY'�G�PPQS YARD PP � eo ol ,1`3 F cR• N 82°14'13"E P CSL t3 200�/ 10.00' AR 1`1°"ACEs MAPS PS P S 07°45'57"E 34.75' e0oK i 263.18' N 07°45'57"w S $2°14'13"W POINT OF BEGINNING 34.75' MOST EASTERLY CORNER OF SOUTH LINE OF PARCEL B PARCEL 'B" OF P.M. No. 2004-13 PARCEL MAP No. 2004-13 10.00TRUE POINT OF BEGINNING LEGEND INDICATES AREA TO BE USED FOR SEWER HOUSE BRANCH EASEMENT FOR PARCEL A OF PARCEL MAP No. 2004-13. CONTAINS 348± SQUARE FEET. SCALE: 1"=50' 50 25 0 50 100 150 SCALE IN FEET UAND S� yNE AGF No. L 6945 Exp. 09-30-07 * MAK W. GRENw L s P OF' C1 REVISED MARCH 20, 2006, CP REVISED MARCH 16, 2006, GP VIEW: PLOT EXHIBIT C EXHIBIT"C" ACADLOT Fi \APS\04077PM.DWG PaRe 2 of 2 GREENWOOD'S I.D No. B-04077 Parcel Map No. 2004-13 P.W. File No. 5494-2004-13 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on, June 30, 2004 in the office of the Fresno County Recorder as Document No. 2004- 0144312 of which the Deed of Trust in, by and between: Cima Golden State Ventures I, LLC. a California limited liability company, as Trustor, Chicago Title Company, as Trustee, and GE Commercial Finance Business Property Corporation, a Delaware corporation. formerly known as General Electric Capital Business Asset Funding Corporation, a Delaware corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Covenant (for cross access easement and surface drainage) for Parcel Map No. 2004-13. DATED: t44e4 - 19� and BENEFICIARY GE Commercial Finance Business Property Cor c ation 1 By: �—��22434—a Malia Sentinell Senior Contract Servicing Administrator (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) THE STATE OF WASHINGTON § COUNTY OF KING § On this 19 day of April 2006, before me,a Notary Public in and for the State of Washington, personally appeared Malia Sentinella, personally known to me (or proved to me on the basis of satisfactory evidence)to be the person who executed this instrument, on oath stated that she was authorized to execute the instrument, and acknowledged it as the Senior Contract Servicing Administrator and Authorized Signer of GE Commercial Finance Business Property Corporation to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at Monroe,Washington My appointment expires: December 17, 2008 K N: DEC 17, 20 08 C-)