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Home My WebLink AboutPM 2005-05 - Agreement/Covenant - 10/18/2006 When Recorded Mail To: 11111111111 IN 11111111111111111111111111111111111111 City Clerk FRESNO County Recorder City of Fresno Robert C. Werner 2600 Fresno Street DOC— 2006-0191684 Fresno,CA 93721-3603 acct 2-Chicago Tltl• Company Tuesday, SEP 12, 2006 08:00:00 Ttl Pd $0.00 Nbr-0002290975 RGR/R4/4-16 NO FEE-GOVERNMENT CODE 6103 CITY OF FRESNO Planning and Development Department S-04-422 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR PARCEL MAP NO. 2005-05 I Statement of Covenants Affecting Land Development Parcel Map No.2005-05 Page 2 WHEREAS,SAWHAB INVESTMENTS, LLC,a Delaware Limited Liability Company and EMAMI ENTERPRISES, LLC,a California Limited Liability Company,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,B,C and D,inclusive,of Parcel Map No.2005-05 according to the map thereof recorded in Book 6—of Parcel Maps at Page(s) gi i- -S, ,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 as a Planned Development with buildings, structure, parking and parking areas, driveways, driveway approaches, landscaping, landscape irrigation, water for domestic and fire protection purposes, sanitary sewerdisposal,gas,electric,tele-communication services,solid waste facilities,storm water drainage,emergency accesses,required walls/fences and other requirements in accordance with Special Permit number 5-04-422(Site Plan Review),hereinafter referred to as"Special Permit,"in Statement of Covenants Affecting Land Development Parcel Map No.2005-05 Page 3 such a manner that each parcel of the Subject Property may 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 2005-05 is in substantial compliance with the Conditions of Approval for Tentative Parcel Map 2005-05 dated August 19,2005 ('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; Statement of Covenants Affecting Land Development Parcel Map No.2005-05 Page 4 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 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 Statement of Covenants Affecting Land Development Parcel Map No.2005-05 Page 5 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. S. 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.2005-05 Page 6 DATED: /sc CITY OF FRESNO, COVENANTOR a Municipal Corporation SAWHAB INVESTMENTS,LLC a Delaware Limited Liability Company By . By: Nick Vyovin6,Director Only-Coo c, anager Plan i g and Development Department EMAMI ENTERPRISES,LLC a California Limited Liability Company APPROVED AS TO FORM: JAMES C.SANCHEZ /^ City Attorney BY: Ahmad Emami,Manager By4 Deputy (Attach Notary Acknowledgments) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of FRESNO On June 20, 2006 before me, RHAELENE WIMBERLY, Notary Public Date Name and Title of Officer(e.g.,"Jane Dae,Notary Pubho) personally appeared CINDY COOK Names)of Signer(s) ❑personally known to me X�]proved to me on the basis of satisfactory evidence to be the person(s)whose name(s, is/are subscribed =@9W�LEINIE WIMBERLY to the within instrument and acknowledged to me that n N 1466425 Fye/she/tpey executed the same in his/her/tlhe(xic•C.,W,,.CourNyauthorized capacity(", and that by lyie/her/tkei, WresJan29,20D8 signature(3)on the instrument the person(8), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN my hand and official seal. Place Notary Seal Above ` 10./1 DJ sgnwure of Notary Public OPTIONAL Though the information below is not required bylaw,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: Document Date: Number of Pages: Signers)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ung ❑ Partner—Ll Limited El General ❑ Attorney in Fact Top o1 thumb here ❑ Attorney in Fact Top of lh,mb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 Not—Notary Association•9350 De Soto Ave..PO.Box 2092•Chatsworth.CA 913132402 Item No.5907 Reorder-Call TO Fme 1-800-816-W7 SUBORDINATION ine undersianed as the ^o-'der of the beneficial interest In an: under those certain deeds of trust recorded in the office of t'ne Fresno County Recorder as follows: DATE OF RECORDING DOCUMENT NO. October 6, 2005 2005-0236543 October 6, 2005 2005-0236545 w-ii�t: Deeds of Frust are by and between Sawhab Investments, LLC, a Deid&:-re Limrited Liability Company, as Trustor, and United Security Ban, California Financial Institution, as Trustee, and tinited Sec.lr'_ty Bank, as Beneficiary hereby expressly subordinates said Daeds of 'Trust and its beneficial interest thereto to the foregoing S ate�ent of ccr,enants Affecting Land Development to Create mutual ..,as._mLints and Reciprocay Uses for Parcel Map No. 2C05-05. SATED: _-D�t-tyl-P- 21 , 2006 United Security Bank, A Calif a Financial Instit tion Rhodlee Braa SVP/CCO Name , ., Title By ( /� — Ken Donahue SVP/CFO Name Title ATTACH NOTARY ACKNO11LEDGHENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of FYes"o On -Ka�-Z 1, before me, &MI k imr-ok,t"Aa" Data Name and Tile of Officer(e.g.,'Jane Do,Notary Pubil') personally appeared $rc-c- �r+rl a{Gr tb�+a►�r� Name(s)of Sigde,(s) personally known to me ❑proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed CAROL WANDA to the within instrument and acknowledged to me that Carnmuslonstsoa9a8 he/she/they executed the same in his/her/their .� Notary Public-CaGfomta '� authorized capacity(ies), and that by his/her/their Fresno County signature(s)on the instrument the person(s),or the My Comm.Expues Aug 1,2008 entity upon behalf of which the person(s) acted, executed the instrument. WI m�hefl offi 'al seal. ra� Place Notary Seal Above Si 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: Document Date: Number of Pages: Signers)Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Ttle(s): ❑ Partner—C Limited ❑General ❑ Partner—❑Limited ❑General C Attorney in Fact Top of thumb here ❑ Attorney in Fact Top of th„mb here C Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2001 National Notary Ass moon•9350 De Som Ave.,P O.Boa 2402•Chats—h CA 91313-2402 Item No.5907 eeorde,:Call Toli-Fme 1-000-8]0-682] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss-L C On 8-9-6(o before me, chill he �� G Dat Name and Ttle of Officer(e.r.,'Jan D ,Nolary Public-) personally appeared �)hmod Emomi Name(s)of Signera Ypersonally known to me �+ ❑proved to me on the basis of satisfactory evidence CHRISTINE S.LINGENFELTER to be the person(s)whose name(s)istare subscribed COMM.#1380834 + to the within instrument and acknowledged to me that NOTARY PWLIC-CALIFORNIA he/she/they executed the same in his/her/their FRESNOCCUNTY authorized ca aci les and that b his/her/their Mr Comm.Expies Oct 20,20D6 P tYC ), Y 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. Place Notary Seal Above ek);Wrh } . Signatuav6fN Publi OPTIONAL Though the information below is not required by law,if 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: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Partner—❑Limited ❑General Attorney in Factrop of Immo here El Attorney in Fact Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator C Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Nola,,,Association•9350 De Soto Ave..PO,Bax 2402•Ch-M.CA 91313-2402 Item No.5907 Raoul—Call toll-Free 1-B00-8]6482] Subordination The undersigned as the holder of the beneficial interest in and under those certain deeds of trust recorded in the office of the Fresno County Recorder as follows: DATE OF RECORDING DOCUMENT NO. July 31,2006 2006-0158154 July 31,2006 2006-0158155 which Deeds of Trust are by and between Emami Enterprises,LLC,a California Limited Liability Company,as Trustor,and United Security Bank,a California Financial Institution,as Beneficiary hereby expressly subordinates said Deeds 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.2005-05 DATED: 08/17/ 2006 United Security Bank, A California Financial Institution odlee Braa SVP/CCO By Ken Donahue SVP/CFO Attach Notary Acknowledgement CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of I FjzE t n , rr on On gfl��0� before me, Fr AI1P81W IJOTPI"rUbbe- Oate �p 1_ Nama aM db d M-1(e g.,'Jana Ndary P--1 personally appeared l l�t�t A.�A Name(sl d Signerlsl personally known to me C proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/*e subscribed to the within instrument and acknowledged to me that he/sloe/they executed the same in his/hilt/their authorized KAY ALLEGRO capacity(ies), and that by his/MSF/thea' Commission#1477788 signature(s)on the instrument the person(s),or .� NotaryPublic-Califomia the entity upon behalf of which the person(s) Fresno minty acted,executed the instrument. My Comm.Expires Mar20,2008 WITP4E "myhan�_..,offs"seaL f lary 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 I Title or Type of Document: Y 1 7KrJiroknn Document Date: K-)Dr bPn-tD Number of Pages: ) Signer(s)Other Than Named Above: -I�Fn b0a1Ut Capacity(les)Claimed by Signer I 1' Signer's Name: Tl/1pOL A• Bhp wommm ❑ Individual TOP 01 Ih—b hale Corporate Officer—Title(s): I C CO I C Partner—O Limited General 1 - Attorney-in-Fact Trustee I - Guardian or Conservator C Other: Signer Is Representing: UNLT%D S�UJ IQJ{H 3DnK 01999N. ary As—..i--•9J0De$olarl PO.Bor 2a02•Cba sxvnh.CF93tJ-2a02•www.nal ono mlary.org Prod.No.5907 Reorder.Ca�To Free tE00d]fiLfi2) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California r ss. i County of On � Date before efore me Ar&_A "Z« `NO T N .T al (r leg'Jae ryP-1 personally appeared &-tj\mahoe- Namals)d Sigrlarlsl $personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/*6 subscribed to the within instrument and acknowledged to me that he/s*/they executed the same in his/tier/their authorized f capacity(ies), and that by his/hasdthbir PAMELA KAY ALLEGRO signature(s)on the instrument the person(s),or Commission#1477788 the entity upon behalf of which the person(s) -e+ Notary Public-Collfomla acted,executed the instrument. Fresno County My Comm.Expires Mar20,2008 W SS my%a .n&iceal. Ignal of NrNaryPudic 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:_�VJcwx lti PmOn6 i Document Date: LVOT Number of Pages: i Signer(s)Other Than Named Above-_+�hCDLLE 1�.-fi —SU P l o.C.O I Capacity(les)Claimed by Signer Signer's Name: S/ IJ ✓�a�1UE ❑ Individual TOP PI h—b here X Corporate Officer—Title(s): S\j C'1 CFO Partner— Limited ❑General II, E Attomey-in-Fact I. ❑Trustee ❑ Guardian or Conservator Other: Signer Is Representing: U011-ED Pt]Rl�ttr�ol!]}i ®1999 National Nolary Assonalian•9350 De Salo Ave..P.O Bos 2x02•CM1alswodll.CA 91313 2aP2•www.rerlonalndary org Prod.w 5901 Reorder:Call TOII Frsa 1-816e921 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on A,lq_uat 11.1 Z-0010 in the office of the Fresno County Recorder as Document No. J A00/o-01?1 Z 3q of which the Deed of Trust in,by and batween: —GL� r t �i�rnt7,Lcc a Oclawar�L,'m�-k11 U'ctb ' or. . a�}T.rruustee, and E a nai E_ nJ2M65 p LL-C, a.allfDrWa Lim, U�'�e�efcia ny 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.2005-05. DATED: 41 BENEFICIARY Ljro an 1�rh4mf , M4naae.,r (Beneficiary to printhype Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rC�'�^�•f'nM,Cf'hK•x(`r(�'•P.^.MwYt�^'�(•.G•2M.c•^.K'� ^(`�".cC4`r'•K'.M.e•l'.M�^C`.c:�^uY.,G�w=C&'�`.c.•C.e^.Cr.G�'.c�.' State of California ss. County k A»� /fJJ ` On before me, L hjj jj% S. h-I►?gzn4c1kz- Date r r Name add TAIe of Ofte,le g..'Jane Doe clary Public) personally appeared AhmadGWaixf //�� Name(s)of Sigoer(s) /personally known to me D proved to me on the basis of satisfactory evidence qCHRISTWES.UNGENFELIER to be the person(s)whose name(s)is/are subscribed t 138EWto the within instrument and acknowledged to me that _ ,gT,wv.,,K,c.c�uwnnuhe/she/they executed the same in his/her/their FRESNO COUNTr authorized capacity(ies), and that by his/her/their Comm.Exp.OCT.20,2006 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. Place Notary Seal Above6�4 •// ' - Signalur No ublic 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: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: D Individual D Individual D Corporate Officer—Title(s): --I Corporate Officer—Title(s): ❑ Partner—D Limited D General Partner—❑Limited El General D Attorney in Fact Tp of th,mb here D Attorney in Fact Top o1 thnmb Here D Trustee D Trustee D Guardian or Conservator ' Guardian or Conservator u Other: E Other: Signer Is Representing: Signer Is Representing: 0 200E N I Notary Assoc at on•9350 De Soto A,o P O.Box 2402•Ch-rlh CA 91313-2402 Allem No 5907 PeortlerCall Tall Free t-800-8]6682] : CLERK'S CERTIFICATION State of California) County of Fresno) On September 11,2006,before me,Sherrie L.Badertscher,Deputy City Clerk,personally appeared,Nick P.Yovino.Planning and 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 By�')Amu I 60f,'t e k " Deputy