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Home My WebLink AboutPM 2005-34 - Agreement/Covenant - 9/20/2006 (3) ti When Recorded Mail To: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 09/0512006,26060186134 NO FEE-GOVERNMENT CODE 6103 CITY OF FRESNO Planning and Development Department O LL Z O V W N Q W J STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR PARCEL MAP NO. 2005-34 Statement of Covenants Affecting Land Development Parcel Map No. 2005-34 Page 2 WHEREAS, MERIDIAN MAPLE 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 through J, inclusive, of Parcel Map No. 2005-34 according to the map thereof recorded in Book (p�) of Parcel Maps at Page(s) �/�Z -)I— y_� , 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 No. S-05-320 and any amendments thereto, Statement of Covenants Affecting Land Development Parcel Map No. 2005-34 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 2005-34 is in substantial compliance with the Conditions of Approval for Tentative Parcel Map 2005-34 dated January 3, 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, y y 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. 2005-34 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 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. 2005-34 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 contextof 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. 2005-34 Page 6 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation MERIDIAN MAPLE LLC, A California Limited Liability Company By: Meridian Property Company, A California Corporation, By Its Managing Member VP vino, Director Plannin nd Development Department By: William C. ell, President and CEO APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney (Attach Notary Acknowledgments) Y ed,1� L A V— De*y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTYOF U.O= "+' SS On beforeme,e, 1I 1 �� 1 �� V 1kL personally appeared NAME(S)OF SIGNER(S) 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 h*LMSA SITYNE signature(s)on the instrument the person(s),or the entity upon behalf of Commbdon#1417735 which the person(s)acted,executed the instrument. NotMPubicAMmeda C 0MIC CC111 W T ESS my hand fficial seal. MVComm.Expo s,IAAay 13,200 A URE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED or GENERAL ATTORNEY-IN-FACT TRUSTEE(S) NUMBER OF PAGES GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S(OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 2, 2005 , in the office of the Fresno County Recorder as Document No. 2005-0205673 of which the Deed of Trust in, by and between: Meridian Maple LLC, a California limited liability company asXFM Grantor, PRLAP, Inc. a North Carolina corporation , as Trustee, and Bank of America, N.A. , a national banking 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. 2005-34. DATED: August 3, 2006 BENEFICIARY ,Y Kevin Liu, Vice President (Beneficiary to print/type document info, Name and Title; and attach Notary Acknowledgment) STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) On August 3, 2006, before me, Micheline A. Capaci, a notary public in and for said state, personally appeared Kevin Liu, personally known to me (or 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 behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. MICHE6LINE A.CAPACI Commission#1516717 • @my Notary Public•California Santa Clara County Comm.Expires Sep 30,2008 (Seal) Signatur otary CLERK'S CERTIFICATION State of California) County of Fresno) On August 28. 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 Deputy