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Home My WebLink AboutPM 2005-06 - Agreement/Covenant - 3/12/2009 (2) When Recorded Mail To: City Clerk City of Fresno 2600 Fresno Street 03112(2009,20090033827 Fresno, CA 93721-3603 O Z CITY OF FRESNO O V Planning and Development Department W U) Q W d Project ID: TPM-2005-06 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TENTATIVE PARCEL MAP NO. 2005-06 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TENTATIVE PARCEL MAP NO. 2005-06 October 14, 2008 Page 2 of 7 RECITALS WHEREAS, Headliner Development Company, a California 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 the "Covenantor," are the owner(s) 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 follows: Parcels "A" through "E" of Parcel Map No. 2005-06 according to the map thereof recorded in Book _&q of Parcel Maps at Page(s) �f5X t- SSI , 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 applied to the City of Fresno for a Parcel Map to authorize a five-lot planned development subdivision of the Subject Property; and, WHEREAS, the Covenantor intends to develop and subdivide the Subject Property in accordance with the requirements of the approved Tentative Parcel Map application designated as Tentative Parcel Map Application No. 2005-06 and any amendments thereto, hereinafter referred to as the "Parcel Map;" and, 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 until the Covenantor provides assurance that such improvements will be constructed and STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TENTATIVE PARCEL MAP NO. 2005-06 October 14, 2008 Page 3of7 maintained in compliance with the conditions of approval of the Parcel Map, the California Building Code and the Fresno Municipal Code; and, 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 Parcel Map No. 2005-06, 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. Covenantor hereby covenants as follows: a) A 10-foot wide landscape area shall be installed along the southern and western property lines of the Subject Property. The 10-foot wide landscaped area shall be planted with Sequoia sempervirens (coast redwood) trees, or a City of Fresno approved species, on 20-foot centers b) A minimum of 67 trees shall be provided on the Subject Property for the purpose of parking lot shading. The placement of said trees shall be as approved by the City of Fresno and in compliance with the Fresno Municipal Code. STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TENTATIVE PARCEL MAP NO. 2005-06 October 14, 2008 Page 4 of 7 The conditions listed above shall be met to the satisfaction of the City of Fresno within one year of the date of the recordation of this covenant, regardless of whether the parcels of the Subject Property are owned or leased by the same or different persons. 2. Covenantor shall maintain and repair the improvements, in such a manner that will not limit or impair mutual non-exclusive easements and reciprocal uses across parcel lines within the Subject Property, in compliance with the approved Parcel Map, the Uniformed Building Code and the Fresno Municipal Code. 3. The cost of maintenance and repair of improvements, utility charges which are not separately metered and billed (including but not limited to charges for water), shall be the responsibility of the Covenantor unless otherwise agreed between the property owners of each parcel of the Subject Property by written agreement. 4. 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. 5. The conditions of this Statement are intended to benefit the public and public properties as well as properties appurtenant. 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 the 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. STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TENTATIVE PARCEL MAP NO. 2005-06 October 14, 2008 Page 5 of 7 6. 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. 7. 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. 8. The conditions and obligations of this Statement shall remain in full force and effect until such time as the Planning and Development Department Director of the City of Fresno issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 9. 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 provisions 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 FOR TENTATIVE PARCEL MAP NO. 2005-06 October 14, 2008 Page 6of7 Dated: -- 3e)- CITY e)-CITY OF FRESNO COVENANTOR a Municipal Corporation HEADLINER DEVELOPMENT COMPANY, A California Corporation By Dula Wathen, President By 3 E*G rNu.i} Keith fid, Interim Director Planning and Development Department TESORO SI RRA PROPERTIES, LLC., A Delawar mited Liability Company By Cl nude Moreau, Senior Vice President APPROVED AS TO FORM: HUISIK PEARSON, A Married Woman As Her Sole and Separate Property JAMES ".'SANCHEZ By: Huisik Pearson r ohn W. Fox, Deputy City Attorney (Attach Notary Acknowledgments for Covenantor) STATE OF CALIFORNIA ) COUNTY OF FRESNO ) On 01_f}UK- OU , 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. KARINA GARZA Con►misslon # 1727617 [ i Notary Public -California . ■ Fresno County MyCgrm bpkw Mor 1,2011 --- - - - - - - - - - - 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 � O ) County of �'(��J r On 10 12-7 V before me, r �-` (insert name and title of the officer) personally appeared '� D who proved to me onthe 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. J. M. BREWER Comm.# 1654284 ttoA NOTARY PUBLIC-CALIFORNIA VI FRESNO COUNTY MY COMM,EXP.MAR.26,2010 Signature (Seal) ••+•••+•�w.i ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF BEXAR On I I I l i I Z'Cya before me, l—A-t.c24M') V --r4or4arc`1 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 h and O cial seal. LAUREN VIL ARREAL waw'ftw1o,86ft of Trap► n MYComn*ww Signature (seal) ` JamwY 24,2011 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. 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 `�,�OF F�q�s By o �o Deputy z n OSA ti 1?,ED 00