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Home My WebLink AboutPM 2004-42 - Agreement/Covenant - 10/18/2006 (2) When Recorded Mail To: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 10/10/2006,20060215$39 NO FEE - GOVERNMENT CODE 6103 OCG CITY OF FRESNO O Planning and Development Department w Z O U Lu a w J C. STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR PARCEL MAP NO. 2004-42 Statement of Covenants Affecting Land Development Parcel Map No. 2004-42 Page 2 WHEREAS, TERRY R. FLETCHER AND JANET L. FLETCHER, TRUSTEES, OR THEIR SUCCESSORS IN TRUST, UNDER THE FLETCHER FAMILY REVOCABLE LIVING TRUST DATED JULY 22,2004 and TERRI GIBSON-SNYDER,A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY, 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 of Parcel Map No. 2004-42 according to the map thereof recorded in Book (�,Gi of Parcel Maps at Page(s) 60 J- (2I , 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-communication services, solid waste facilities, storm water drainage, emergency accesses, required walls/fences and other requirements in accordance with Special Permit applications (Site Plan Review S-91-200), hereinafter referred to as "Special Permit," in such a manner that each parcel of the Subject Property may be compelled to use portions of other parcels S Statement of Covenants Affecting Land Development Parcel Map No. 2004-42 Page 3 of the Subject Property; and WHEREAS, the City of Fresno is unable to find that Parcel Map 2004-42 is in substantial compliance with the Conditions of Approval for Tentative Parcel Map 2004-42 dated March 14, 2005 ("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: a. Pedestrian and vehicular ingress and egress; b. Access to all buildings and areas for emergency services; and S Statement of Covenants Affecting Land Development Parcel Map No. 2004-42 Page 4 C. Any additional uses pursuant to the Special Permit and any amendments thereto approved by the City. 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. Statement of Covenants Affecting Land Development Parcel Map No. 2004-42 Page 5 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, 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. 2004-42 Page 6 DATED: 0-FZ Z o4o CITY OF FRESNO, COVENANTOR a Municipal Corporation TERRY R. FLETCHER AND JANET L. FLETCHER, TRUSTEES, OR THEIR SUCCESSO IN TRUST, UNDER THE FLETC EVOCABLE LIVING TRU L , 2004 By Nic Yo ' o, Director Planning jhd Development Department By: Terry R. c er By: Jan . Fletcher APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney TERRI GIBSON-SNYDER, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY. By D uty By. �kw _'� cJ Terri Gibson-Snyder (Attach Notary Acknowledgments) ALL—PURPOSE ACKNOWLEDGEMENT State of California County of Fresno On 40t--j'l � r D(o before me, Cherie Harmon,Notary Public, personally appeared, l�N�v /�fe Vl p►^. b�, e L /��p r. �rh� 4;lbson ❑ Personally known to me -OR- kproved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4s/are subscribed to the within instrument and acknowledged to me that hethey executed the same in ki#her/their authorized capacity(ies), and that by hir�h r/their signature(s) on the instrument the person(s), or the entity upon behalf N „°Frye CHERIE HARMON of which the person(s) acted, executed the instrument. y COMM.# 1453058 ; W m ^ NOTARY PUBLIC-CALIFORNIA ORANGECOUNTY N WITNESS my hand and official seal. °4ILJW My Comm.Expires Nov 24,2007 //LJC�►ic�C/ ' Cherie Harmon,Notary Public Commission Expires: November 24 2007 OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowledgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT NDIVIDUAL(S) CORPORATE OFFICER(S) \Lwey1P_rt 10'- TITLE(S) TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ( ) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded'on September 28, 1999 , in the office of the Fresno County Recorder as Document No. 1999-0143636 of which the Deed of Trust in, by and between: Terry Ross Fletcher and Terri Gibson-Snyder as Trustor, Eciuita[ble Deed Company , as Trustee, and Bank of America r N_A_ , 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. 2004-42. DATED: BEN FICIARY �7a►.�k .� n1.r� Ca�� `' By Bonnie J. ' ear Vice P e ident (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) f i I State of California } } County of Los Angeles On Aw 1s—j --4c o C , before me, Marcelle A. Kareem, a Notary Public in and for the State of California, personally appeared %N _;• 0� Z.C'L{ , personally known to me to be the person(s) whose name(s) is/are subscribed to the within instrunYent 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. �MARCELLE A. KAREEM Commission# 1377136 Notary Public -California Los Angeles County Signature 0, rail _ ��I,UU� My Comm.Expires Sep 28,2006 Substitution of Trustee and Deed of Reconveyance SF-318873(11/00) -2- CLERK'S CERTIFI CA TION State of California) County of Fresno) On September 22. 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Nick P. Yovino. Planningand Development Director, personally 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 be 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. REBECCA E. KLISCH CITY CLERK, CMC J By � Deputy