HomeMy WebLinkAboutPM 2004-14 - Agreement/Covenant - 12/31/2008 (3) When Recorded Mail To:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603 12/31/2008120080111368
NO FEE -GOVERNMENT CODE 6103
CITY OF FRESNO
Planning and Development Department
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CL STATEMENT OF COVENANTS AFFECTING
LAND DEVELOPMENT TO CREATE MUTUAL
EASEMENTS AND RECIPROCAL USES FOR
PARCEL MAP NO. 2004-14
Statement of Covenants Affecting Land Development
Parcel Map No. 2004-14
Page 2
WHEREAS, 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
"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 and B, inclusive, of Parcel Map No. 2004-14 according to the
map thereof recorded in Book l0 7 of Parcel Maps at
Page(s) ;IT/ 5.2 t 53 , 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-comrriunication services, solid waste facilities, storm water drainage, emergency
Statement of Covenants Affecting Land Development
Parcel Map No. 2004-14
Page 3
accesses, required walls/fences and other requirements in accordance with the approved Special
Permit application 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, the City of Fresno is unable to find that Parcel Map 2004-14 is in substantial
compliance with the Conditions of Approval for Vesting Tentative Parcel Map 2004-14 dated
March 8,2006("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 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. 2004-14
Page 4
a. Pedestrian and vehicular ingress and egress;
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 all landscaping within the limits of the Subject Property in
full compliance with all applicable provisions of the Fresno Municipal Code.
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.
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. 2004-14
Page 5
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. In the event that litigation is instituted to enforce or interpret any provision of this
Statement, the parties agree that the prevailing party shall be paid reasonable attorney's fees, costs
and litigation expenses.
12. 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.
13. 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. 2004-14
Page 6
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation SUBURBAN PROPANE, L.P.,
Alimited Partnership AF-LAL-,rApr
Planning and Development Department
Nick P. Yovino, Director
By:
/,la4 ,
Vice President Business Development
By: �
Keith Bergthold, Assistan erector
STANLEY GREENBERG,
A Married Man as His Sole and Separate
Property
APPROVED AS TO FORM: Stanley Greenberg
JAMES C. SANCHEZ
City Attorney
STANLEY GREENBERG,
As His Separate Property, By Decree of Final
Distribution in the Estate of Irwin H.
By )7� Greenberg, Deceased, Fresno County
John W. Fox Superior Court Probate Case No.
Deputy City Attorney 05CEPR00876, a Certified Copy Thereof
Recorded September 22, 2006, as Document
}} No. 2006-6286&-;L, Fre o County Records
Date: ��i 17�� 0zaz4q-2no
By:
Stanley Greenberg
(Attach Notary Acknowledgments)
CLERK'S CERTIFICATION
State of California }
County of Fresno )
On November 25, 2008, before me, Jennifer Morelos, Deputy City Clerk, City of Fresno,
personally appeared, Keith Berqthold, Assistant Director, 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.
/ 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
By
Deputy
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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. 2007-0221385 of which the Deed of Trust in, by and between:
Stanley Greenberg, a married man as bis sole and separate property as Trustor,
Cblcago Title Comnany, a California c•nrnnrafiinn , as Trustee,
and Yvette C. Greenberg, Trustee of the Yvette Greenberg Trust dated 12/5/0 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. 2004-14.
DATED: - Ll _0i
BENEFICIARY
By: C.
tEtteTTE C. GREENB G, Trustee ofahe
Greenberg'"Trust dated 1 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, R
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.
Notary Public Signature NOTARY PUBLIC SEAL
SUSAN G. DE1A
NOTARY PUBLIC OF NE—v—v.Icac=,•
k1i Commission �•�;-��qtr
• M
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: ao J 03a0
Date commission expires: February 15, 2009
Place of execution: Whippany, NJ
Date: _8/4/08 t �_ ftb"
Signature (Firm name, if any)
Govt. Code Sec. 27361.7
r:; Y PUBUC CF NEVVFRS='
11Y Commission Expires Feb. 15, 20-09
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
On AVV5f , 2008, before me, , 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 helsh- /they executed the same in
bisArer/their authorized capacity(ies), and that by hisAaff/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.
N LINDA DBLL. BCC ENNETT
CpMM. #1754441 -
NOTARY 5N0
COUNTY RNIA
My Comm.Expires July 27,2011
Public Signature NOTARY PUBLIC SEAL