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Home My WebLink AboutPM 2004-36 - Agreement/Covenant - 10/23/2008 (4) WHEN RECORDED MAIL TO: cc a 2 City Clerk p city of Fresno 10/23/2008,20080150052 U 2600 Fresno Street N Fresno, CA 93721-3603 4 W J a. NO.FEE - Government Code 6103 CITY OF FRESNO Public Works Department P.W. File No. 5494-2004-36 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR OFF SITE STREET CONSTRUCTION FOR PARCEL MAP NO. 2004-36 STATEMENT OF COVENANTS OF OFF SITE STREET CONSTRUCTION Parcel Map No. 2004-36 Page 2 RECITALS WHEREAS, FANCHER CREEK PROPERTIES, LLC., a California Limited Liability Company, hereinafter referred to as the"Covenantor," is the owner of the real property in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described as: Parcels K and L of Parcel Map No. 2004-36 according to the map thereof recorded on ()-JnJ2LC X2 2QL in Book ^ of Parcel Maps at Pages(s) Fresno County Records; and WHEREAS, the 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, the Covenantor has filed with the City of Fresno, Parcel Map No. 2004-36 for a 43-parcel light industrial project pursuant to Vesting Tentative Parcel Map No. 2004-36, hereinafter referred to as "Tentative Map," and WHEREAS, the conditions of approval dated May 24, 2005 for said Tentative Map, hereinafter referred to as "Conditions,"requires the improvement of North Armstrong Avenue from East Belmont Avenue to East Fancher Creek Drive; and WHEREAS, certain portions of said North Armstrong Avenue required to be improved are outside the limits of the Tentative Map on properties owned by the State of California, hereinafter referred to as "CALTRANS;" and WHEREAS, the improvement of said North Armstrong Avenue is essential for adequate public access to the Subject Property; and WHEREAS, Covenantor and CALTRANS have agreed to completing the improvement of said North Armstrong Avenue within the limits of the CALTRANS property; and WHEREAS, the improvement of said North Armstrong Avenue will not be commenced within the time period the Covenantor desires to enable the recording of Parcel Map No. 2004-36; and STATEMENT OF COVENANTS OF OFF SITE STREET CONSTRUCTION Parcel Map No. 2004-36 Page 3 WHEREAS, the City of Fresno desires to obtain covenants from the Covenantor to insure that the Subject Property is not developed, used, or maintained in such a way as to adversely affect adjoining properties. COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantor's application for approval of said Final Map, the 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 will run with the Subject Property and shall be binding on each successive owner of the Subject Property and his heirs, administrators, successors, and assigns. 1. The Covenantor agrees that the Subject Property shall not be issued building permits until, a) either CALTRANS issues an encroachment permit for the work within said North Armstrong Avenue including access for City to inspect the work or CALTRANS transfers the property to the City;and b)the Public Works Director determines that the construction of said North Armstrong Avenue improvements are complete. 2. The conditions of this Statement are intended to benefit the public and public properties. Accordingly, the City of Fresno shall have the right to enforce this Statement by any legal or equitable means against the Covenantor and such person or persons in actual possession of Subject Property who directly or who through any agent violate the terms hereof. All obligations of the Covenantor under this Statement shall inure solely to the benefit of the City of Fresno. There are no third party beneficiaries of such obligations nor shall the right of the City of Fresno be transferable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. 3. The foregoing conditions and obligations shall remain in full force and effect until STATEMENT OF COVENANTS OF OFF SITE STREET CONSTRUCTION Parcel Map No. 2004-36 Page 4 such time as the Public Works Director issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 4. 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. 5. 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 so requires, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. STATEMENT OF COVENANTS OF OFF SITE STREET CONSTRUCTION Parcel Map No. 2004-36 Page 5 f DATED: LACI CITY OF FRESNO, COVENANTOR a Municipal Corporation FANCHER CREEK PROPERTIES, LLC., a California Limited Liability Company By: By: Kashian Enterprises, r Patrick Wiemiller, Direc r S` - "'°�'�Q a L-imited Partners ip, r'40f-09N'A Public Works Department as Member GQV&W APPROVED AS TO FORM: Edward M. Kashian, General Partner JAMES C. SANCHEZ City Attorney By: Africal Development, LLC., Cll�'2to7_4N- a California Limited Liability Company, By as Member John W. Fox, Deputy City Attorney Date: C-� QD/L1 Thomas G. Richai ds, Manager (Attach Notary Acknowledgments) STATE OF CALIFORNIA ) _ ) ss. COUNTY OF 1 -y.r• =4-� ) On g,+. 1L 'Wo-7 before me, ;.Ie-... .CJI,. '.fc-.�,,cn personally appearedpersonally 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 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. WITNESS my hand and official seal. Notary Public in and for ' StateO SPEY W M.YOLW STATE OF CALIFORNIA ) !' COMM. Igg6428 ��,`� ) ss. N0' Pj"-CgUFplq�A COUNTY OF Tc nla ) Mr comFRMW m.Ems•c On�OJf tv► o DQ , 25, before me,[ tJ afts'I1a-f 04VI personally appeared -TtkD! S 6. 9-d ct�tA R 65 , personally known to me ( fe: ro ' A ^">is-a€-saa`.' y N4derxe) to be the person(e) whose name(o is/are subscribed to the within instrument and acknowledged to me that heh-�executed the same in hisA%Tft1T authorized capacity(i*, and that by his/li�t signature*, on the instrument the person(s), or the entity upon behalf of which the person(sr) acted, executed the instrument. WITNESS my hand and official seal. t Notary Public inand f said State LETA M.CIAVAGLIA COMM.#1581774 m Notary Public-Calltomla N FRESNOCOUNTY — My Comm.Exp.June 20,2009 2 1608948.1 CLERK'S CERTIFICATION State of California ) County of Fresno ) On October 10, 2008 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared, Scott Mozier, for Patrick Wiemiller, Director of Public Works Department, 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 REBECCA E. KLISCH, CMC City Clerk, City of Fresno By J". 9&�Mf"w Deputy SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on 0-2$'D� , in the office of the Fresno County Recorder as Document No. 7-001-02-12-2-Lf 3 of which the Deed of Trust in by and between: �anche� GYtc l� �roAcrbCS, L260 a CeAli-6yyitz�, Limited Li abkGkv &m9anU , as Trustor, �1Yk�e, auk s Compo'n4 , as Trustee, and C-QtGvk FaC�f1C r„r� il<-, Q *Awat i &-hfQ-inA (-pripbra-- nyn , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for off Site Street Construction for Parcel Map No. 2004-36. DATED: , 20�_ BENEFICIARY By: v uvnp►5 M . �y►�►.� SCniDv- v%cC- PY-ZS1-6lCa1- BY: (Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment) M CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Placer. On January 22, 2008 before me,Wendy Todhunter V 1�11�,tG DATE NAME,TITLE OF OFFICER" personally appeared Thomas M. Lynn-------------------------------------------------------------------- NAME(S) OF SIGNER(S) 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. WENDY TODHUNTER COMM.#1755553 3 NOTARY PUBLICCALIFORNIA n WUMA Yink PLACER COUNTY COMM.Exp.AUG. 1,2011 SI IATURE OF N TARP This area for notarial seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNED DESCRIPTION OF ATTACHED DOCUMENT ZINDIVIDUAL Subordination ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL BER OF PAGES ❑ ATTORNEY-IN-FACT a.; V ❑ TRUSTEE(S) DATE OF DOCUMENT ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER(S)OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: