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Home My WebLink AboutPM 2005-01 - Agreement/Covenant - 10/9/2006 When Recorded Mail To: 10/06/2006,20060213967 City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 NO FEE - GOVERNMENT CODE 6103 R� CITY OF FRESNO O Planning and Development Department ILLZ O U W a W J CL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR PARCEL MAP NO. 2005-01 Statement of Covenants/ Reciprocal Easements for Shared Fire Suppression System Parcel Map No. 2005-01 Page 2 WHEREAS,CHARLES CLABORN and BETTY CLABORN,husband and wife as community property with right of survivorship, GILBERT S. ROBERTS and SUSAN OAXACA-ROBERTS, husband and wife, as joint tenants, WON-TAE SONG, an unmarried man and DEMCO, INC., a California Corporation, hereinafter referred to as the "Covenantor," is the owner of that certain 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 A, B, C, and D, inclusive, of Parcel Map No. 2005-01 according to the map thereof recorded in Book _of Parcel Maps at Page(s) ,'72 -F- `Ci Cl , Fresno County Records; and, Parcel A and D, inclusive, and Outlot A of Parcel Map No. 2002-16 according to the map thereof recorded in Book 62 of Parcel Maps at Page 69, Fresno County Records; and, WHEREAS, the Fresno Municipal Code (FMC), by its incorporation of the 1998 California Plumbing Code ("CPC') and the provisions of Section 14-106 provides generally that each lot or building on the subject property shall be served by its own plumbing system, except as the code otherwise provides for; and, WHEREAS, CPC Section 301.2 provides for the use of alternate materials and methods of construction,including alternate construction arrangements,provided the alternate arrangement is first approved, the City first finds that the design is satisfactory and that the arrangement offered is, for the Statement of Covenants Affecting Land Development Parcel Map No. 2005-01 Page 3 electric, tele-communication services, solid waste facilities, storm water drainage, emergency accesses, required walls/fences and other requirements in accordance with the approved Special Permit application designated as Site Plan Review No. S-01-099 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 2005-01 is in substantial compliance with the Conditions of Approval for Tentative Parcel Map 2005-01 dated April 4, 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 Statement of Covenants Affecting Land Development Parcel Map No. 2005-01 Page 4 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. Shared parking; C. Drainage for storm water and storm water facilities; d. All utilities (including but not limited to gas, electricity, water, fire suppression systems, sanitary sewer, tele-communications, etc.); d. Access to all buildings and areas for emergency services; e. Landscaping; walls/fences; solid waste facilities; and f. Any additional uses pursuant to amendments to the Special Permit 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 Statement of Covenants Affecting Land Development Parcel Map No. 2005-01 Page 5 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. 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. 2005-01 Page 6 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation CHARLES CLABORN and BETTY CLABORN, husband and wife as community property with right of survivor By By: Nde<FOovino, Director Charles Claborn Planni and Development Department By: Betty Claborn APPROVED AS TO FORM: GILBERTS. ROBERTS and SUSAN OAXACA-ROBERTS, husband and wife, as JAMES C. SANCHEZ joint tenants City Attorney BW_J1111 By v Gi bert S. Roberts Dep y By: LJdW Susan Oaxaca-Roberts COVENANTOR WON-TAE SONG, an remarried man LARRY KORTH, a married ma s his sole BY: - and separaTe orope WO -T ON By: ar orth DEMCO, INC., a California Corporation By: Corine Demetreos, as President (Attach Notary Acknowledgments) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF California )SS COUNTY OF Fresno ) On April 26, 2006 before me, Ruth A. Kusamura , Notary Public, personally appeared Charles Claborn and Betty Claborn 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 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. tieE^,OFrh RUTH A. KUSAMURA WITNESS my h d nd Ito COMM.#1621713 In c " NOTARY PUBLIC-CALIFDRNIAW Signature FRESNO COUNTY My Comm Exp,Nov,21,2009 This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below,doing so may prove invaluable to persons relying on the documents. ❑x INDIVIDUAL ❑ CORPORATE OFFICERS) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Reproduced by First American Title Insurance 112001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT File No: () STATE OF California )SS APN No: COUNTY /O,F ) / On ��C/ before me, 99 j , Notary Public, personally appeared 1 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 the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les) 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 al. LISA GISH COMM. #1418766 Signature NOTARY PUBLIC.CALIF �• i— FRESNO COUN�22007� My Comm.Expires May This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below,doing so may prove invaluable to persons relying on the documents. ❑ INDMDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Reproduced by Fast Americm Tne Irmm r m 112001 ALL—PURPOSE ACKNOWLEDGEMENT State of California County of Fresno On 414cqu,51 before me, Cherie Harmon,Notary Public,personally appeared, LJng T_&e- r rr ❑ Personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person( whose nameW is/ar -subscribed to the within instrument and acknowledged to me that he/sem executed the same in his/lic4thoif authorized capacity(ics), and that by his/hof4heir signaturo(s) on the instrument the person(-s), or the entity upon behalf C H m MMI&N of which the person(.) acted, executed the instrument. 04MM nion N 14WO 0: Notary►Rift-canoeb owngecou* WITNESS my hand and official seal. SMC +t3�YMtt�ovZ4, 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 ❑ INDIVIDUAL(S) ❑ CORPORATE OFFICER(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 A M E I 1 STATE OF CALIFORNIA ) COUNTY OF J On-=L 0 before me, 'J, personally appeared c� (L l�h C?,e^e- K-e-0 S 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 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. Signature Ll J. F�ORCS COMM. #1382698 NOTARY ROM-CAUFORNIA �`- FRESNO COUNTY 4plw Comm.Expires Nov.1,2006 (This area for official notarial seal) Title of Document Date of Document No. of Pages Othe,signatures not acknowledged .'iflllA N IQdI !(;onarall SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on l 3 — 0 , in the office of the Fresno County Recorder as Document No. 1 `-1 qa Q of which the Deed of Trust in, by and between: -nx_ 8 ('all-FLM 1 Q as Trustor, GcnQr,' oou,,, 72�'We , as Trustee, and J))j / 1 �/ , as Beneficiary, hereby expressly subordina es 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. 2005-01. DATED: BENEFICIARY 6R.9,y ,"t (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) ALL—PURPOSE ACKNOWLEDGEMENT State of California County of Fresno On–July 12, 2006 before me, _Jennifer McCready, Notary Public , Date Name and Title of Officer(e.g., "Jane Doe,Notary Public") personally appeared_Larry Korth , Name(s)of Signer(s) dph personally known to me ❑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 JENNIFER MCCREADY entity upon behalf of which the person(s)acted, Commission#1480402 Notary Public-California executed the instrument. Fresno County IWMy Comm.Expires Apra,Zoos WITNESS my hand and official seal t S gnature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document:—STATEMENT OF COVENANTS Document Date: Number of Pages: _15 Signer(s) Other Than Named Above: -------------------------------------------------------------------------------- CAPACITY(IES) CLAIMED BY SIGNER RIGHT THUBMPRINT ❑ Individual OF SIGNER a Corporate Officer–Title(s): PRESIDENT Top of thumb here ❑ Partner- ❑Limited ❑General ❑ Attorney-in-Fact ❑ . Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: MID VALLEY SERVICES, INC SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on .Ta n teary 1 7. 2006 , in the office of the Fresno County Recorder as Document No. 2006-0009282 of which the Deed of Trust in, by and between: Charles Claborn & Betty Clabornf husband & wife as Trustor, Chicago Title Company, a California Corporation , as Trustee, and JKM Development Inc. , a California Corporation , 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. 2005-01. The above-described Deed of Trust was assigned to Regier Company, LLC on January 17, 2006 as Document No. 2006-0009283. DATED: BENEFICIARY REGIER COMPANY, LLC Robert Dean Regier (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) State of CV01IL1144t County of A, lejd t—a /� before me C;��i u /�a rc� ,�ic�vouz�Cj; Notary Public, onally a pea �o fie, f Pu K f�eye eX personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) i are subscribed to the within instrument and acknowledged to me that i /she/they executed the same in 'her/their authorized capacity(ies), and that by C1.4her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed this instrument. WITNESS my hand and official seal. Signature ` /r�`P.•' '•.�'�1, 0 TA rc�:AUG. 20, 2008: SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 27, 2003 , in the office of the Fresno County Recorder as Document No. 2003-0116845 of which the Deed of Trust in, by and between: Gilbert Shawn Roberts and Susan 0axaca-Roberts, husband and wife as Trustor, First American Title Company , as Trustee, and Humboldt Bank , 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. 2005-01. DATED: BENEFICIARY rn fOYUYI �P (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � ss. County of �•/UC�–� �k �` On Z'S� SIO before me, r��) Date ` Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appearedC.e_ Names)of Signer(s) Apersonally known to me I ❑ proved to me on the basis of satisfactory evidence to be the personKwhose nam h C. DONOHO subscribed to the within instrumen and COMM.#1408675 acknowledged to me thaHmAG;fey"xecuted the same in er their_ authorized rP4 .« a NOTARY PUBLIC CALIFORNIA h?.' HUMBOLDT COUNTY N capacityDs4, t a by14 er W My Comm.Expires April 1,2007 signatureon the instrument the person , or I the entity upon behalf of which the persoijk6) acted, executed the instrument. WITNE S my hand and official seal. i I �5 r; ignature of Notary Public OPTIONAL I Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent ! fraudulent removal and reattachment of this form to another document. Description of Attached Document hh Title or Type of Document: S h Document Date: Number of Pages: � r1 i'S Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer h Signer's Name: F 0111, :.- ❑ Individual Top of thumb hereI ❑ Corporate Officer—Title(s): 5 ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I 0 1888 Nafbnal Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.nationalnotary.org Prod.No.5907 Reorder:Cell Toll-Free 1-000-676-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. ab County of Q O 25 t efore me, G C.D000ho Date /!�. ,/�.,,1 � Name and Title of r(e.g.,"Jane Doe,Notary Public") personally appeared �(�rn r 'Y t(Dww� Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personX whose name subscribed to the within instrumen and acknowledged to me that sh tq%Lexecuted the same in her Mei- authorized i h capacityJjssr and t a by a he+;- C. DONOH6 + r COMM.#1408675 m signature on the instrument the perso or t (� ;1 the entity upon behalf of which the person r? - NOTARY PUBLIC•CALIFORNIA in acted, executed the instrument. HUMBOLDT COUNTY h W My Comm.Expires April t,2007 WITNESS my hand and official seal. Zhh; r KJ �I Signature of Notary Public "> OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. i Description of Attached Document h Title or Type of Document: r? I Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: �5 11Individual Top of thumb here f 7i ElCorporate Officer—Title(s): � ❑ Partner—❑ Limited ❑General ' ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: (, Signer Is Representing. ,C> :-�%i�`F;`�ii`�`,�`Ct:'ct;'ct;`"�,,C,�,;�c;rte,•','�,.�' .;��-<,r 0 1999 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1.800-876-6627 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on in the office of the Fresno County Recorder as Document No. of which the Deed of Trust in, by and between: as Trustor, as Trustee, and 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. 2005-01. DATED: BENEFICIARY (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) ACKNOWLEDGMENT for Song State of : California County of Fresno On September 1, 2006 before me_Ronda D. Hall , a Notary Public , Date Name and Title of Officer(e.g.,Notary Public") personally appeared Larry Korth , Name(s)of Signer(s) [ X] personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose . .� .,.. ._ name(s) is/ subscribed to the within CRONDA D, HALL omrnbuon# 1653 instrument and acknowledged to me that 'y Nolm Fwac. he executed the same in his From CoLn1Y authorized capacity(ies), and that by MrCanrn.80n"Apr22'2ot his 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 SEAL CLARAFICATION Govt,Code,Sec.27361.7 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: Ronda D.Hall COMMISSION NUMBER: 1653977 DATE COMMISSION EXPIRES: April 22,2010 STATE and COUNTY of COMMISSION: State of California County of Fresno RONDJI D. HI1LL CommbWon# 166977 Nolaiy PubYc.Canorrra FW0 County Mfr Comm•8"w Apr 22,201 4f a Signature of Notary Public Place Notary Seal Above CLERK'S CERTIFICATION State of California) County of Fresno) On September 22. 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Nick P. Yovino. Planning and Development, 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 Q By Deputy