HomeMy WebLinkAboutPM 2006-11 - Agreement/Covenant - 1/6/2009 (2) WHEN RECORDED MAIL TO: IIII III III III 1111 IN 111111111111111111111111111
FRESNO County Recorder
City Clerk Robert C. Werner
City of Fresno DOC— 2008-0119367
2600 Fresno Street Acct 5-First American Title Insurance Company
Fresno,CA 93721-3603 Thursday, AUG 21, 2008 08:00:00
Tt 1 Pd $0.00 Nbr-0002830047
NO FEE-Government Code 6103 RGR/R4/3-13
CITY OF FRESNO
Planning and Development Department
Statement of Covenants Affecting Land Development
Restricting Land Uses
it
1
Statement of Covenants
Affecting Land Development
November 27, 2007
Page 1 of 6
RECITALS
WHEREAS, the undersigned, Cedar and Shields Associates, LLC, a Delaware Limited
Liability Company as to a portion of said land and Namba Enterprises, LP, a California Limited
Partnership, as to a portion of said land, hereinafter collectively known as "Covenantor," is the
owner of the real property in the City of Fresno, County of Fresno, hereinafter referred to as the
"Subject Property' and more particularly described in the attached Exhibit A attached; 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, on April 24, 2006, the Covenator applied with the City of Fresno ("City') for a
Vesting Tentative Parcel Map No. 2006-11 to create five parcels for approximately 4.21 acres of
property located on the southeast corner of North Cedar and East Shields Avenues; and,
WHEREAS, the Subject Property is zoned C-3, Regional Shopping Center District; and,
WHEREAS, the site is designated for development with Community Commercial Planned
Land Uses; and,
WHEREAS, the C-3 Land Use Zone District designation is not consistent in every
respect with the Community Commercial Planned Land Use designation of the site; and,
WHEREAS, Subdivision Map Act Section 66474(b) requires that approval of a tentative
parcel map be denied if it is inconsistent with the applicable general and specific plan; and,
WHEREAS, the Covenantor desires to develop the Subject Property without rezoning the
subject site to the C-2 zone district or without amending the community and specific plans to the
Regional Commercial Planned Land Use designation, and request that the City of Fresno
approve the tentative parcel map and issue all necessary permits to allow such development;
and,
5 .
Statement of Covenants
Affecting Land Development
November 27, 2007
Page 2 of 6
WHEREAS, Subdivision Map Act Section 66474 (a) and (b) allow the City to impose
conditions on a tentative parcel map to conform to the general plan and applicable specific or
community plans.
COVENANTS. CONDITIONS, AND RESTRICTIONS
For favorable action on, and approval of, the Covenantor's application for Vesting Tentative
Parcel Map No. 2006-11, the Covenantor hereby covenants that all of the proposed lots 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.
NOW, THEREFORE, as required by said Subdivision Map Act of the California
Government Code, and the City of Fresno, and in consideration of the foregoing, and the
approval by the City of Fresno of the vesting tentative parcel map and the issuance by said City
of the necessary special and/or building permits and certificates in connection with said use, the
Covenantor hereby covenants, promises, and agrees with the City, for the benefit of said City, its
public property, and the Subject Property, as follows:
1. All uses on the Subject Property shall be only those use permitted by right or by
conditional use permit in the C-2, Community Shopping Center District, and development
of the Subject Property shall be in accordance with the property development standards
of the C-2, Community Shopping Center District.
2. Upon the redistricting of the Subject Property to the C-2, Community Shopping Center
District or upon the amendment of the McLane Community Plan and the Airport Area
Revitalization Redevelopment Plan to the Regional Commercial Land Use designation,
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Statement of Covenants
Affecting Land Development
November 27, 2007
Page 3 of 6
this covenant agreement shall become null and void.
3. The failure to abide by the terms of this covenant may result in the revocation of the
Certificate of Occupancy for the use of any portion of the Subject Property affected, in
addition to other penalties and remedies available to City.
4. The foregoing conditions and obligations shall remain in full force and effect until such
time as the Planning and Development Director issues a written release of such
conditions and obligations and records such release with the Fresno County Recorder.
5. At such time Covenanters or subsequent owner(s) sell or transfer 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, the terms of this Statement.
6. If the City is required to commence any proceeding or legal action to enforce or interpret
any term set forth in this Statement of Covenants, the prevailing party in such proceeding
or action shall be entitled to recover from the other party its reasonable attorney's fees
and legal expenses.
7. 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 unenforceability of any other provision hereof.
Whenever the context so requires, any gender includes the other genders, the singular
includes the plural, and the plural includes the singular.
//I
Statement of Covenants
Affecting Land Development
November 27, 2007
Page 4 of 6
DATED: 07 /08
CITY OF FRESNO COVENANTOR
a Municipal Corporation
Cedar& Shields Associates, LLC, a Delaware
Limited Liability Company
By: By: Halferty Wilson Nicholas
Properties, LLC, a Delaware
Nick P. Yovino, Director limited liability company
Planning and Development Department Manacunq Member
Keith Bergthold, Assistant Planning & T
Development Director 1 (,�)\
By:
APPROVED AS TO FORM: Rob S. Wilson, Trustee of
the Wilson Family 2004 Trust,
James Sanchez Managing Member
City Attorney
NAMBA ENTERPRIfES, LPXCalifornia
Limited Par ship /
Joh Fox, Deputy City Attorney
Date: ! Zb D By: _
Andre J. Namba, General Partner
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of � �S
On « 7"�g before me,
Date ` Here
(Insert
NN nd Titled of the Office
personally appeared " w
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose nameH is/af a subscribed to the
within instrument and acknowledged to me that
MARtA CARMEN ORTEGA he/sheAhey-executed the same in his/heOHie4 authorized
Commission# 1657434 capacity(iee), and that by his/hefAl-eir signature(*on the
@MyNotary PubUc-California instrument the person(q, or the entity upon behalf of
CLOS
Angeles County which the person(sj acted, executed the instrument.
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.
WITN Ind and off
(�
Place Notary Seal Above Signature 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(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—-1 Limited [ 1 General _ W._ C1 Partner—[l Limited El General
El Attorney in Fact • - ❑Attorney in Fact •
❑ Trustee Top of thumb here Cl 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.NabonaiNotaryorg Item#5907 Reorder:Call Toll-Free 1-600-876.6627
ALL-PURPOSE ACKNOWLEDGMENT
F
7ofifornia5IA D �?mk SS.
On (2D , before me, C,AGS1 E NAA Fjf-,/FT'::- ,Notary Public,
DATE
personally appeared al4 who proved to me on the
basis of satisfactory evidence to be the person(aywhose name(s) isfare-subscribed to the within instrument
and acknowledged to me that heh+mfthey executed the
same in his+erftketr authorized capacity0w4, and that
by hisfLe:;t4oi* signature(a� on the instrument the
person(,s3, or the entity upon behalf of which the
perso ij(s'acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
CABBIE MARIE YEE laws of the State of California that the foregoing
.. CommJ 1164305 1^ paragraph is true and correct.
NOTµy pUIUC•CAUFORNIA N
L08 AXGEIEB COUNTY -Amy COyy,Ext.AUO.29,201t
WITNESS my hand and official seal.
NOTARY' SIG ATURE
PLACE NOTARY SEAL W ABOVE SPACE
OPTIONAL INFORMATION
The information below is optional. However,it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL)
❑ INDIVIDUAL
❑ CORPORATE OFFICER Nn r.QF��SAI,CV���►Vl��-7➢O
TYPE OF DOCUMENT pS
PARTNER(S) TITLE(S)
ATTORNEY-IN-FACT t
❑ TRUSTEE(S) NUMBER QPAGES
❑ GUARDIAN/CONSERVATOR
❑ OTHER: DATE OF DOCUMENT
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: `
NAME OF PERSON(S)OR ENT[TY(IES) s
RIGHT
THUMBPRINT
OF
s
SIGNER o
a B
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APA012008 NOTARY BONDS,SUPPLIES AND FORMS ATHTTP://WWW.VALLEY-SIERRA.COM (02005-2008VALLEY-SIERRA INSURANCE
Exhibit A
Page 1 of 1
LEGAL DESCRIPTION
Real property In the City of Fresno, County of Fresno, State of California, described as follows:
THE WEST HALF(W1/2) OF LOT 61 OF SCANDINAVIAN COLONY ACCORDING TO THE MAP
RECORDED IN BOOK 2,PAGE 3 OF PLATS OF SAID COUNTY,
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT A POINT 460.52 FEET EAST OF THE WEST LINE OF SECTION 25, TOWNSHIP 13
SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN,ALONG THE SOUTH LINE OF
SHIELDS AVENUE; THENCE EASTERLY ALONG THE SOUTH LINE OF SHIES AVENUE 186 FEET;
THENCE SOUTH 009'WEST 633.30 FEET; THENCE NORTH 89°45' WEST .0 FEET ALONG THE
SOUTH LINE OF SAID LOT 61;THENCE NORTH 0009'EAST 266.0 FEET; THENCE NORTH 3105'
EAST 311.24 FEET; THENCE NORTH 0°9'EAST 100 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE NORTH 20.00 FEET,THE WEST 30.0 FEET AND THE SOUTH
30.00 FEET THEREOF.
APN: 447-031-36, 37 AND 38
Statement of Covenants
Affecting Land Development
November 27, 2007
Page 5 of 6
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on October 20, 2002, in the office of the Fresno County Recorder as Instrument No.
2001-0192641 of which the Deed of Trust in by and between: Namba Enterprises, LP, a
California Limited Partnership as Trustor, California Bank and Trust, as Trustee, and California
Bank and Trust, as Beneficiary, hereby expressly subordinates said Deed of Trust and its
beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development
Restricting Land Uses for Vesting Tentative Parcel Map No. 2006-11.
DATED:
BENEFICIARY
By:
Ri��,gQa h?�orN�
By:
(Beneficiary to print/type document info, Name
and Title; and attach Notary Acknowledgment)
J
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On —��"� before me, / �B.�w.d ND 7M-Ay P401& e
Date Here Insert Name and Title of the Officer
personally appeared R1c.,i,+XD 4-t-c- IA,)6
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person( whose names) is/a;@-subscribed to the
within instrument and acknowledged to me that
he/sheAhey executed the same in his/4eMheif authorized
` ELIZABETH BROWN capacityoesj, and that by his/ORi#-r, it signature(*on the
Commission* 1750820 instrument the persons} or the entity upon behalf of
Notary Public-California which the person(s) acted, executed the instrument.
Fresno County
WCarrmag*ujun'114.2011 1 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.
Signature ,
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: S ti���. _ ,( Ad
Document Date: IR AA --a 2 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): s ❑Corporate Officer—Title(s):
C Partner—❑ Limited l 1 General _ Ll Partner—❑ Limited ❑ General
EE Attorney in Fact • ❑Attorney in Fact •
❑ Trustee Top of thumb here n Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: Ll Other:
S' nen Is epresepting: Signer Is Representing:
S��
®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
Statement of Covenants
Affecting Land Development
November 27, 2007
Page 6of6
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 Instrument 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, 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 Restricting Land Uses for
Vesting Tentative Parcel Map No. 2006-11.
DATED:
BENEFICIARY
Wells Fargo Bank,N.A., as Trustee for Morgan Stanley Capital I Inc., Commercial Mortgage Pass-
Through Certificates, Series 2007-IQ 15
By: Capmark Finance Inc., a California corporation, its master servicer
By: IL21J - `�
Name: Gary A. Routzahn
Title: Vice President,Manager
(Beneficiary to print/type document info, Name
and Title; and attach Notary Acknowledgment)
n
u
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA )
)ss
COUNTY OF MONTGOMERY )
On the Z( day of Ll0jj4. 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.
� . 4&Vk-
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
CHRISTOPHER S.HAUCK,Notary Public
Horsham Twp.,Montgomery County
My Commission Expires November 17,2009
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
e �
By
Deputy