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Home My WebLink AboutPM 2005-17 - Agreement/Covenant - 4/2/2007 i When Recorded Mail To: City Clerk City of Fresno cc 2600 Fresno Street zFresno, CA 93721-3603 02/21/2007,20070035797 O U W Q NO FEE- GOVERNMENT CODE 6103 W J a CITY OF FRESNO Planning and Development Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR PARCEL MAP NO. 2005-17 Statement of Covenants Affecting Land Development Parcel Map No. 2005-17 Page 2 WHEREAS, KNOTT PROPERTIES, a General Partnership Composed of Robert Hamilton Knott, Gordon Gerard Knott, Kenneth Walter Knott and Catherine Lenore Knott Guidon, 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 and B of Parcel Map No. 2005-17 according to the map thereof recorded in Book L'L:-- of Parcel Maps at Page(s) /. ; )4/ f / , 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 Site Plan Review Application No. S-7208 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. 2005-17 Page 3 WHEREAS, the City of Fresno is unable to find that Parcel Map 2005-17 is in substantial compliance with the Conditions of Approval for Tentative Parcel Map 2005-17 dated January 30, 2006 ("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; b. Shared parking; C. Drainage for storm water and storm water facilities; Statement of Covenants Affecting Land Development Parcel Map No. 2005-17 Page 4 d. All utilities (including but not limited to gas, electricity, water, fire suppression systems, sanitary sewer, tele-communications, etc.); 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 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 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 Statement of Covenants Affecting Land Development Parcel Map No. 2005-17 Page 5 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. 2005-17 Page 6 DATED: )`'23I X2 CITY OF FRESNO, COVENANTOR a Municipal Corporation KNOTT PROPERTIES, a General Partnership Composed of Robert Hamilton Knott, Gordon Gerard Knott, Kenneth Walter Knott and Catherine Lenore Knott Guidon By: By: Keith Bergth d, Acting Director Robe Ilton Knott Planning and Development Department By: cordon Gerard Knott APPROVED AS TO FORM: By: Ken ne alter Knott JAMES C. SANCHEZ City Attorney By: Catherine a Knott Guidon By. —( 4N – Deputy (Attach Notary Acknowledgments) ALL-PURPOSE ACKNOWLEDGMENT • State of California ' • County of ce-�&ow SS. f I • On -Jtl�"!j 1-3. before me, ave- -brv4,j t4o , Pr 6 �, I ( ATE) / (NOTARY) ' personally appeared �z o �° '� . x'10'� ! C SIGNER(S) ' personally known to me - OR- ❑ proved to me on the basis of satisfactory ' • evi ence to be the person(s) whose name(s) • ' is/we 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. ' ' DAVE DREW ' Cogw.81830128 • �_*Imy aa-CAUMMWITNESS my hand and official seal.Cep.EV.DEa.t5,1551 ' I I IZ4__NOTARYI OPTIONAL INFORMATION • ' The information below is not required by law. However, it could prevent fraudulent attachment of this aclmowl- ' • edgment to an unauthorized document. • ' CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION 0F ATTACH CUMENTt7 U ' • ❑ INDIVIDUAL Dv4(0 * Yeyv,' ; , s• ' r +d4�-a� �h�f-v I � ' ❑ CORPORATE OFFICER !� K cu �l�I Qs,-wt 4,- &R+� �W nye. r I' • ' TITLE OR TYPE OF DOCUME T ' TITLE(S) PARTNER(S) �? ' NUMBER OF PAGES • ❑ ATTORNEY-IN-FACT 1 • ' ❑ TRUSTEE(S) �Ji, , . h 2--' , -;? JC'] ' • ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT • ' ❑ OTHER: ' ' OTHER ' ' RIGHT THUMBPRINT t ' SIGNER IS REPRESENTING: OF a • NA PER ON(S)ry ENTITY(IE ) E (UDG✓` , rS SIGNER = ' APA 5/97 VALLEY-SIERRA,800-362-3369 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO) On February 15, 2007, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Keith Bergthold, Acting 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 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. REBECCA E. KLISCH CITY CLERK, CMC 0 0 By Deputy SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on 10-31-2001 , in the office of the Fresno County Recorder as Document No. 2Qo1-o1 fi0fi20 of which the Deed of Trust in, by and between: KNOTT PROPERTIES a general partnership composed of Robert Hamilton Knott*as Trustor, Gor on Gerard Knott, Kenneth Walter Knott and Catherine enorenott u don CLOVIS COMKUNITY BANK, a California Corporation , as Trustee, and CLOVIS COMMUNITY BANK, 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. 2005-17. DATED: 1-26-2007 BENEFICIARY CENTRAL VALLEY COHMUNITY BANK, by merger with Clovis Community Bank By " Fr4Kk Oliver, Vice President By: (Beneficiary to print/type document info, Name and Title; and attach Notary Acknowledgment) ACKNOWLEDGMENT State of California County of Fc:51no On Ufore me, Vic)LcyI �lI�� 1(��Ylllig - t1P�lc�►�(�. M( VAl i (here insert name and title of the officer) personally appeared C)iqk ( j \"-c V-- personally /personaVly known to me ( ) to be the person(@) whose name(o) is/amsubscribed to the within instrument and acknowledged to me that he/ /tlzeq executed the same in his/br/t*e+f authorized capacity(ies), and that by his/lam/their signature(s) on the instrument the person* or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. KARENNMWAUlA-HEYANO Commission# 1410168 Z ;-e Notary Public-California Fresno County Signature My Comm.Expires Apr 8,2007 (Seal) SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on 12-23-1993 , in the office of the Fresno County Recorder as Document No. 93199050 of which the Deed of Trust in, by and between: KNOTT PROPERTIES (a California General Partnership) as Trustor, NONE SHOWN , as Trustee, and DORIS RASPARIAN a single woman and GRACE E. BOUSIAN, a single woman 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. 2005-17. DATED: 1-26-2007 BENEFICIARY By: Carolyn Mc elvie, individually and as SuccTtee By: (Beneficiary to print/type document info, Name and Title; and attach Notary Acknowledgment) GENERAL CALIFORNIA ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF Fresno On 1-29-2007 before me, S.S. Giguiere ,Notary Public, personally appeared CAROLYN McKELVIE 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. S. S. GIGUIERE COMM. #1663832 -� �-- NOTARY PUBLIC.CALIFORNIA FRESNO COUNTY GAMY Comm.Expires May 29,2010 Signature (seal)