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Home My WebLink AboutPM 2005-06 - Agreement/Covenant - 3/12/2009 When Recorded Mail To: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 @311212@09,20090033828 NO FEE - GOVERNMENT CODE 6103 CITY OF FRESNO cc 0 Planning and Development Department u- Z O U W M a Lu J Ill STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR PARCEL MAP NO. 2005-06 Statement of Covenants Affecting Land Development Parcel Map No. 2005-06 Page 2 WHEREAS,HEADLINER DEVELOPMENT COMPANY,ACalifornia Corporation,TESORO SIERRA PROPERTIES, LLC, A Delaware Limited Liability Company and HUISIK PEARSON, 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 through E, inclusive, of Parcel Map No. 2005-06 according to the map thereof recorded in Book of Parcel Maps at Page(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 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 the approved Special Permit application designated as Conditional Use Permit Application No. C-97-249 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 Statement of Covenants Affecting Land Development Parcel Map No. 2005-06 Page 3 WHEREAS, the City of Fresno is unable to find that Parcel Map No. 2005-06 is in substantial compliance with the Conditions of Approval for Tentative Parcel Map No. 2005-06 dated October4,2005("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 tothefollowing 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. Shared parking,- C. arking;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.); Statement of Covenants Affecting Land Development Parcel Map No. 2005-06 Page 4 e. Access to all buildings and areas for emergency services; f. Landscaping; walls/fences; solid waste facilities; and g. 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 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 Statement of Covenants Affecting Land Development Parcel Map No. 2005-06 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. 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. 2005-06 Page 6 DATED: to CITY OF FRESNO, COVENANTOR a Municipal Corporation HEADLINER DEVELOPMENT COMPANY, Planning and Development Department A California Corporation, By: By: �_ �/ K ith Bergthold,Thteri irector Della Wathen, President TESORO SIERRA PROPERTIES, LLC, A Delaware Limited Liability Company APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: Cla de Moreau, Senior Vice President By: John W. Fox Deputy City Attorney HUISIK PEARSON, A Married Woman, As Her Sole and Separate Property Date: r' By: lAl Huisik Pearson (Attach Notary Acknowledgments) STATE OF CALIFORNIA ) COUNTY OF FRESNO ) On 2008, before me, Karina Garza, Notary Public, personally appeared Della Wathen, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal. A 'roe COMMW610n 0 1727617 Notary RubUc -Calownia . Fresno County MYC0nvft60UM0r1,2011 ' Signature of Notary CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL TITLE OR TYPE OF DOCUMENT ❑ CORPORATE OFFICER ❑ PARTNER(S) NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) DATE OF DOCUMENT ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER(S) OTHER THAN NAMED ABOVE ACKNOWLEDGMENT State of California County of n� ) On `� I before me, (insert name and title of the officer) personally appeared f4w 's ) L Pf---47, Y-5 or who proved to me on the basis of satisfactory evidence to be the persorl(arwhose name„(81 is/aFe-- subscribed to the within instrument and acknowledged to me that+ke/she/t#ey-executed the same in -h+s/her/#H4pauthorized capacity'and that by-his/her/their signatures n the instrument the persog,(ay,'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. """' J. M. B:REER Li% COMM.# 4284NOTARY PUBLLIFORNIA Y! FRESNO COUNTY Mr Court.EXP.MAR.26,2010 Signatur (Seal) ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF BEXAR On before me, personally appeared Claude Moreau the Senior Vice President, Marketing of Tesoro Sierra Properties, LLC, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon of which the person 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. Official al. Signature ) s CLERK'S CERTIFICATION State of California ) County of Fresno ) On January 6, 2009 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared, Keith Bergthold, Interim Director of Planning and Development 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 O &40;t� Bj - �y 0"' Deputy 2 � n 4 �9 JR4),ED 00' ti