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HomeMy WebLinkAboutPM 2006-11 - Agreement/Covenant - 1/6/2009 When Recorded Mail To: IIII III III�III II II IIII II II III I IIIII I IIII I IN 1111 City Clerk FRES� RobeNO County Recorder City of Fresno 2600 Fresno Street DOC— 2008-0119366 Fresno, CA 93721-3603 Acct 5-First American Title Insurance Company Thursday, AUG 21, 2008 08:00:00 Tt 1 Pd $0.00 Nbr-0002830046 RGR/R4/3-14 NO FEE -GOVERNMENT CODE 6103 CITY OF FRESNO Planning and Development Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR- - PARCEL MAP NO. 2006-11 Statement of Covenants Affecting Land Development Parcel Map No. 2006-11 Page 2 WHEREAS, CEDAR & SHIELDS ASSOCIATES, LLC, a Delaware Limited Liability Company and NAMBA ENTERPRISES, LP, a California Limited Partnership, 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. 2006-11 according to the map thereof recorded in Book 6,79 of Parcel Maps at Page(s) %, q2 02 t 92 , 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-052-126 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 WHEREAS, the City of Fresno is unable to find that Parcel Map 2006-11 is in substantial Statement of Covenants Affecting Land Development Parcel Map No. 2006-11 Page 3 compliance with the Conditions of Approval for Vesting Tentative Parcel Map 2006-11 dated June 8, 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. V:: 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. 2006-11 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 I'$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 i Statement of Covenants Affecting Land Development Parcel Map No. 2006-11 Page 5 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 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 Statement of Covenants Affecting Land Development Parcel Map No. 2006-11 Page 6 so requires, in interpreting this Statement, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. 4 Statement of Covenants Affecting Land Development Parcel Map No. 2006-11 Page 7 DATED: a Z4Z'o CITY OF FRESNO, COVENANTOR a Municipal Corporation CEDAR & SHIELDS ASSOCIATES, LLC, Planning and Development Department A Delaware Limited Liability Company Nick P. Yovino, Director By: HALFERTY WILSON NICHOLAS Properties, LLC A Delaware Limited Liability Company, Managing Member - By: By: `. Keith Bergthold, A istant Director Robe . Wilson, as Trustee of the Wilson Family 2004 Trust, Managing Member APPROVED AS TO FORM: NAMBA ENTERPRIS LP, A California Limite Aner ip JAMES C. SANCHEZ City Attorney By: A rew J. amba, eneral Partner By: John W. Fox Deputy City Attorney Date: 71 1 /12a,o (Attach Notary Acknowledgments) 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of p--, h�Nq�QQS On fore me, �.�►k G. � MVV,,� 0 Date ,,_ Here Insert Name nd Title of the officer ' personally appeared ``�v YL�C.�� S l�S� tk Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person("hose name* is/armsubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hefAheif authorized MARIA CARMEN ORTEGA capacity(ieq, and that by his/heFAheir signature(s) on the Commission# 1657434 instrument the person(s} or the entity upon behalf of -d Notary Public-California which the person(s-yacted, executed the instrument. Los Angeles County My Comm.Expires May 7,201 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE thnd nd offi seal. Signature Q - 0�4 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 Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): IJ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General :11911UPPRIPI".00011 ❑ Attorney in Fact [ l Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: L]Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.NabonalNolaryorg Item#5907 Reorder:Call Toll-Free 1.800-8766827 ACKNOWLEDGMENT State of California County of SANTA On before me, Keith K. Masuda, Notary Public (insert name and title of the officer) personally appeared MJI)R-� :T• r RkMlj�Pr 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. Kclop M�#1sASUDA WITNESS my hand and official seal. 67062 Q NOTARYPUBLIC-CALIFORNIA O G SANTA CLARA COUNTY 0 COMM.EXPIRES MAY 15,2010 Signature (Seal) _ CLERK'S CERTIFICATION State of California ) County of Fresno ) On July 16, 2008, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Keith Berqthold, Assistant Planning and Development Director, 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) acted, executed the instrument. l 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 a ey Deputy SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on October 30. 2002 , in the office of the Fresno County Recorder as Document No. 2 002-0192 64 1 of which the Deed of Trust in, by and between: Namba Enterprises, L.P. , a California Limited Partnership as Trustor, California Bank & Trust �; , as Trustee, California Bank & Trust and , 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. 2006-11. DATED: BENEFICIARY By: A�c/�.s�ao Au�i•�a S�Q 1215- C-A �ctJ.s,p.�.rr By: (Beneficiary to print/type document info, Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of P('PSS h io On 3 •?Wgbefore me, It jn 1j^ Dat Here Insert Ndmb and/Title of he O icer I r personally appeared PC Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4whose name(4 is/ara subscribed to the within instrument and acknowledged to me that he/sheAkey executed the same in his/#�er#lieir authorized capacity(ies), and that by his/beW#Heir signatures}on the instrument the person{s3, or the entity upon behalf of PATSY B.HULL which the person(*acted, executed the instrument. Commission# 1539290 011MV Notary Public-California Fresno County I certify under PENALTY OF PERJURY under the laws Comm.Expires Jon 26.2009 of the State of California that the foregoing paragraph is true and correct. WITNESS yd a ' •al seal. Signature Place Notary Seal Above i ature o o ub;cc 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 Title or Type of Document: S V Document Date: j-31 /)2 Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: E! Individual ❑ Individual Corporate Officer—Title(s): [ I Corporate Officer—Title(s): ❑ Partner— Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact n Attorney in Fact -' ❑ Trustee Top of thumb hero ❑Trustee Top of thumb here ❑ Guardian or Conservator Ll Guardian or Conservator C Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.NationaiNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 d� SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 25, 2007 , in the office of the Fresno County Recorder as Document No. 2007-0104110 of which the Deed of Trust in, by and between: Cedar & Shields Associates. LLC. a Delaware limited liability company as Trustor, First American Title, a .California Corporation td , as Trustee, and Morgan Stanley Mortgage Capital Inc. , a New York 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. 2006-11. DATED: Mn('c"'k < �o BENEFICIARY Wells Fargo Bank, N.A. , as Trustee for Morgan Stanley Capital I Inc. , Commercial Mortgage Pass-Through Certificates, Series 2007-IQ15 By: Capmark Finance Inc. , a California corporation, its master servicer By: N—-// Gary A. Routzahn Title: Vice President, Manager (Beneficiary to print/type document info,Name and Title; and attach Notary Acknowledgment) i I I ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA ) )ss COUNTY OF MONTGOMERY ) On the 2�day of } g 2008, before me, a Notary Public in and for the said Commonwealth, personally appeared Gary A. Routzahn, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Vice President, Manager, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. In Witness Whereof, I have hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CHRISTOPHER S.HAUCK,Notary Public Horsham Twp.,Montgomery County My Commission Expires November 17,2009