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HomeMy WebLinkAboutPM 2004-14 - Agreement/Covenant - 12/31/2008 (2) l� When Recorded Mail To: City Clerk 12/392008120080177367 City of Fresno _ 2600 Fresno Street Fresno, CA 93721-3603 CITY OF FRESNO Planning and Development Department Project ID: Parcel Map No. 2004-14 O LL Z O 0 W w STATEMENT OF COVENANTS CL CROSS-ACCESS AGREEMENT FOR EMERGENCY ACCESS Statement of Covenants Cross-Access for Emergency Access Parcel Map No. 2004-14 Page 2 RECITALS WHEREAS, the undersigned, SUBURBAN PROPANE, L.P., A LIMITED PARTNERSHIP, and STANLEY GREENBERG, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY AND AS HIS SEPARATE PROPERTY, BY DECREE OF FINAL DISTRIBUTION IN THE ESTATE OF IRWIN H. GREENBERG, DECEASED, FRESNO COUNTY SUPERIOR COURT PROBATE CASE NO. 05CEPR00876, A CERTIFIED COPY THEREOF RECORDED SEPTEMBER 22,2006, AS DOCUMENT NO. 2006-0202682, FRESNO COUNTY RECORDS, hereinafter referred to as "Covenantors" hereby represent and warrant that they are the record owners of the following described real property("Subject Property')situated in the City of Fresno,County of Fresno, State of California: Parcels A and C, inclusive, of Parcel Map No. 2004-14 as recorded in Book of Parcel Maps at Page(s) f,53, Fresno County Records. Which property currently consists of two parcels, each of which may be sold; and, Parcel A shall be hereinafter referred to as"Parcel A";and, Parcel C shall be hereinafter referred to as"Parcel C'and, "Parcel A" and "Parcel C' shall be hereinafter collectively referred to as the "Subject Property'; WHEREAS,the undersigned has or intends to construct on said Subject Property,driveways in such a manner that emergency vehicles using parts of the Subject Parcels will be compelled to use portions of the other Parcels for ingress and egress; and, WHEREAS,the City of Fresno requires that there be provided and maintained in connection with Parcel C of said Parcels, two points of emergency access to Parcel C of the Subject Parcels; and, WHEREAS, in order to provide a second emergency access, it is necessary to create a separate access easement upon Parcel A of the Subject Parcels so that Parcel C has two points of Statement of Covenants Cross-Access for Emergency Access Parcel Map No. 2004-14 Page 3 access as identified on the attached Exhibit A; and, WHEREAS, the Covenantors hereby warrant 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, WHEREAS, all such instruments of Subordination, if any,are attached hereto and made part of this instrument. NOW,THEREFORE, as required by the Fresno Municipal Code,and the City of Fresno,and in consideration of the foregoing, and the issuance of said City's approval of the parcel map and of the necessary special and/or building permits and certificates in connection with said use, the undersigned hereby covenant and promise for themselves, their successors and assigns, for the benefit of said City, its public property and the Subject Property, as follows: COVENANTS, CONDITIONS, AND RESTRICTIONS 1. Each of the Subject Parcels shall be developed, used and occupied subject to providing adequate emergency access as provided in the Fresno Municipal Code as determined and approved in writing by the Fire Chief of the Fire Department of the City of Fresno. 2. Covenantors shall use said land in such a manner that will not impair adequate emergency vehicular and personnel access from, between and across the common boundary lines of the individual Parcels of the Subject Property. 3. At such time as Covenantors sell or transfer any Parcel over which emergency vehicular access is required for use by any of the remainder of the Subject Property, such Covenantors shall reserve and except from the deed to the purchaser of the Parcel sold or transferred, an easement of ingress, egress of emergency vehicles and personnel over and across said parcel for the benefit of the remaining portion of the Subject Property(approved by the Fire Chief)to meet the requirements of the Fresno Municipal Code as they then exist in the covenant. 4. The failure to comply with this Covenant may result in the revocation of the Certificate of Occupancy by the City for use of any said Parcels involved, as well as actions to enforce said Statement of Covenants Cross-Access for Emergency Access Parcel Map No. 2004-14 Page 4 Covenant in law or in equity by the City of any subsequent owner of said individual Parcel or Parcels. 5. The benefits and the burden of this Covenant shall operate mutually and reciprocally between the Subject Parcels and shall run with the land and inure to the successors in interest to any portion or portions of the Subject Property. 6. All plans for development or improvement of said property shall be checked and approved by the Director of the Development Department of the City and the Fire Chief of the City of Fresno for compliance with the terms of this Covenant. 7. Whenever the context thereof requires, the neuter shall include the masculine or feminine, or both, and the singular shall include the plural. It is the intention hereof that this shall constitute a covenant running with the Subject Property owned by the undersigned, jointly and severally binding upon the undersigned and each of their heirs, representatives, successors and assigns. 8. This Covenant shall remain in full force and effect until such time that the City and the owner(s) of the Subject Property agree in writing to its termination and release. Statement of Covenants Cross-Access for Emergency Access Parcel Map No. 2004-14 Page 5 Dated: CITY OF FRESNO COVENTANTORS a Municipal Corporation Planning and Development Department SUBURBAN PROPANE, L.P., Nick P. Yovino, Director A Limited Pa Hers ip , CIS 4V4PE By: - By: Keith Bergthold, Assists t Director ar An n, Il, Vice President Business Development Fire Department STANLEY GREENBERG, By: A Married Man as His Sole and Separate Randy R. ruegman, Fire Chi e Property By: It"10— — Stanley Greenberg loor APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney STANLEY GREENBERG, As His Separate Property, By Decree of Final Distribution in the Estate of Irwin H. By: ' Greenberg, Deceased, Fresno County Jot W. Fox, Deputy City Attorney Superior Court Probate Case No. 05CEPR00876, a Certified Copy Thereof f Recorded September 22,2006, as Document Date: 1 i llzI Zs,�ne No. 2006-92Q642, Fresn ounty Records vzo-2&22 By: ziq;A Stanley Greenberg (Attach Notary Acknowledgements) CLERK'S CERTIFICATION State of California ) County of Fresno ) On November 28, 2008, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Keith Berqthold, Assistant Planning and Development Director and Randy R. Bruegman, Fire Chief,who 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 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) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. REBECCA E. KLISCH, CMC City Clerk, City of Fresno a n a By Deputy g7ZO oct• / SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on December 14, 2007 , in the office of the Fresno County Recorder as Document No. 2007-00221385 of which the Deed of Trust in, by and between: Stanley Greenberg, a married man as his sole and separate property as Trustor, Chicago Title Company, a California corporation ,as Trustee,and Yvette C. Greenberg, Trustee of the Yvette Greenberg Trust dated 12/5/06as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Cross Access Agreement for Emergency Access. DATED: BENEFICIARY By:1/// L. TTE C. GRE G, Trustee of The Yvette Greenberg Trust dated 12/5/06 By: (Beneficiary to print/type document info, Name and Title; and attach Notary Acknowledgment) STATE OF NEW JERSEY ) COUNTY OF MORRIS ) On August 4,2008,before me, Susan G. Delia,Notary Public,personally appeared Mark Anton, H who 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 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. --It.kZ, '%�6 ft- Notary Public Signature NOTARY PUBLIC SEAL SU3AN G. DELIA NOTARY PUBLIC OF NEW JERSEY My Commission Expires Feb. 15,2009 NOTARY SEAL CLARIFICATION I certify under penalty of perjury that the "Notary Seal" on the document to which this statement is attached reads as follows: Name of Notary: Susan G. Delia Commission Number: Qo5o3a3 Date commission expires: February 15, 2009 Place of execution: Whippany, NJ Date: _8/4/08 -\)J, , UIX, Signature (Firm name, if any) Govt.Code Sec. 27361.7 ;Y Commissibn It8S 15, 1009 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) On k( V<4 (g , 2008, before me, C.�►'1LCt t.� d U c� , Notary Public, personally appeared STANLEY GREENBERG YVETTE C. GREENBERG who 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 hell /they executed the same in hjs/her/their authorized capacity(ies), and that by hisLlaQ�f/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. BE NNET TLINDA = T COMM. #1754441 a. NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY My Comm,Expires July 27,2011 Not ublic Signature NOTARY PUBLIC SEAL s I CHERRY AVENUE i — ---- ---� --- � --------- 03 u�� I� I �l r-, I II P II I l u u I `\% FIRE LANE ° % E] 0 V o o n II rTJ0-'"-T1 II II C== � I Li II - - II PARCEL A PARCEL B I PARCEL C EXHIBIT "A"