HomeMy WebLinkAboutPM 2005-13 - Agreement/Covenant - 12/14/2006 (2) When Recorded Mail To:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
12/14/2006,20060261716
NO FEE -GOVERNMENT CODE 6103
CITY OF FRESNO
O Planning and Development Department
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STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT TO CREATE MUTUAL
EASEMENTS AND RECIPROCAL USES FOR
PARCEL MAP NO. 2005-13
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Statement of Covenants Affecting Land Development
Parcel Map No. 2005-13
Page 2
WHEREAS, DUNCAN ENTERPRISES, a California Corporation, 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 trough J, inclusive, of Parcel Map No. 2005-13 according to
the map thereof recorded in Book 29 of Parcel Maps at
Page(s) Z7 fi 9,? , 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,Kdriveway 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 Site Plan Review No. S-90-242 and any amendments thereto,
Statement of Covenants Affecting Land Development
Parcel Map No. 2005-13
Page 3
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 2005-13 is in substantial
compliance with the Conditions of Approval for Tentative Parcel Map 2005-13 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.
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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;
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Statement of Covenants Affecting Land Development
Parcel Map No. 2005-13
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 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
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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. 2005-13
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.
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.
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Statement of Covenants Affecting Land Development
Parcel Map No. 2005-13
Page 6
DATED: ZZ Obi
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
DUNCAN ENTERPRISES,
a California Corporation
By By: �,(�
ovino, Director Donald C. Laines, Corporate Secretary
Pla ng and Development Department
(Attach Notary Acknowledgments)
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of Irri&(10 -
On t5 before me, `
Date Nage end tie of Officer(e.g.,"Ja I6 Doe,Notary Public
personally appeared L_,0>7!"l2S ,
Name(s)of Signer(s)
Vp'ersonally known to me
alsaco
to be the person(s) whose name(s) is/are subscribed
CIiERMtIN1i1LEY to the within instrument and acknowledged to me that
apronMrlon01362M he/she/they executed the same in his/her/their
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authorized capacity(ies), and that by his/her/their
CoarRflpr��"D1t signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WI S my han n icial seal.
Place Notary Seal Above
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.
Description of Attached Documer� L����l / �
Title or Type of Document- -4 t–
Document Date: � ftTe Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) CI imed 4y Sign r(s).
Signer's Name: � C• (cSkdV S Signer's Name:
❑ Individual ❑ Individual
li;o�orporate Officer—Title(s): C ' ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑GeneralInet. it" L1Partner—L1Limited ElGeneral
❑ Attorneyin Fact
Top of thumb here ❑ Attorney in Fact Top of thumb here
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
SigrRr Is Representing: Signer Is Representing:
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0 2004 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder Call Toll-Free 1-800-876-6827
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on
October 7, 2004 , in the office of the Fresno County Recorder as Document No.
2004-0226510 (1) of which the Deed of Trust in, by and between:
Duncan Enterprises as Trustor,
American Securities Company, a corporation , as Trustee,
and Wells Fargo Bank, National Association 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. 2005-13.
DATED: ai, &
(1) An agreement to modify the terms and provisions of said deed of trust, executed
on August 24, 2006 as Document No. 20060177136 of Official Records.
BENEFICIARY
James F. ynes
Vice President _
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(Beneficiary to print/type document info, Name and Title;
and attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof r(&XV
ss.
On before me,
Da ''((�� Name d Title of Officer(e.g. " ne Doe,Notary Pull ")
personally appeared O.d �
N me(s)of Signer(s)
f�roved to me on the basis of satisfactory evidence
to be the person( whose nameM is/afy subscribed
CNN MI INNIlEY to the within instrument and acknowledged to me that
Ca.N.6" !1SA70 he/S14/tft*ay executed the same in his/h)jG/tfROr
HowYFdft-cawwfO authorized capacity(i*), and that by his/Hgf/tl*ir
f ewcow* signatureA on the instrument the person(P4, or the
14b.j*Ct0MPjF- ftb12. entity upon behalf of which the person(iQ acted,
executed the instrument.
WIT SSS my h d a official seal.
Place Notary Seal Above
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.
Description of Attached Document /' - r1
Title or Type of Document:
r
Document Date: j&I CNumber of Pages: /
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Si r//(�s,,),,
Signer's Name: ' J6"5 �L/!- Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General W~1 ❑ Partner—❑ Limited ❑ General
❑ Attorneyin Fact •
Top of thumb here ❑ Attorney in Fact Top of thumb here
El ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02001 Natlonal Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
SUBO MNAT�ON
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded or
June 16, 1997 in the office of the Fresno County Recorder as Document No.
97076162 of which the Deed of Trust in, by and between:
Duncan Enterprises as Trustor,
American Securities Company, a corporation as Trustee,
and Wells Fargo Bank, National Association 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. 2005-13.
DATED:
BENEFICIARY
James F. Lynes
Vice President
(Beneficiary to print/type document info, Name and Title,
and attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
_ _ � _ - - .Gcccs.,c>c,oc,�c,<-c�,�-rc�s.�-r,�c.cccr.�c,�s.�c.c� .cc,,✓c�,�-,�=c,�c.�=�c�,
State of California
County of
ss.
lf l l�V-�-�i ` L k.
On ' before me
Date Nand I of Officer(e.g.,"Ja e,Notary Public")
personally appeared S
Name(s)of Signer(
CMEtI!MtIiNlRIgY NrIp'roved to me on the basis of satisfactory evidence
COmrnMNon 1 070 to be the person($-whose name(Ws/atesubscribed
,y c-CaMar1110 to the within instrument and acknowledged to me that
Ir" COU My he/sb6lt*y executed the same in his/4004beCr
MyCarM 16PissFeb 12. authorized capacity(iAs}, and that by his/h&faf L
signature( on the instrument the person(4,-or the
entity upon behalf of which the person(g) acted,
executed the instrument.
WIT SS my hand an fficial seal.
Place Notary Seal Above
✓ Sig ature 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 Docu en
Title or Type of Document: �
Document Date: �Ly' V�]60(//' Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Si nr(s)
Signer's Name: ' cJ Signer's Name:
❑ Individual El Individual
i1YCorporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑General
❑ Attorneyin Fact '
❑ Attorney in Fact
El Trustee Top of thumb here
❑ Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02004 Na*mal Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On November 22. 2006 , before me, Elvia Sommerville , 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 �eJ
Deputy