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HomeMy WebLinkAboutPM 2006-22 - Agreement/Covenant - 12/31/2008 i When Recorded Mail To: City Clerk City of Fresno 1213012068,20080176698 2600 Fresno Street Fresno, CA 93721-3603 CITY OF FRESNO Planning and Development Department O Z Project ID: Parcel Map No. 2006-22 V 4059 West Figarden Drive (Site Address) W w a w CIL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR CONDITIONAL USE PERMIT APPLICATION NO. C-04-25 & PARCEL MAP NO. 2006-22 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASTMENT AND RECIPROCAL USES FOR CONDITION USE PERMIT APPLICATION NO. C-04-25 & PARCEL MAP NO. 2006-22 January 25, 2008 Page 2 RECITALS WHEREAS, Valley Capital Partners, LLC, A California Limited Liability Company, hereinafter referred to as the "Covenantor," are the owner(s) of the real property in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described as: Parcels "A" through "M", inclusive, of Parcel Map No. 2006-22 according to the map thereof recorded in Book (09 of Parcel Maps at Page(s) Y 9 t _5D, Fresno County Records; 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, the Covenantor has developed or intends to develop the Subject Property with buildings, structures, parking areas, driveways, driveway approaches, landscaping, landscape irrigation, water for domestic and fire suppression systems, common sewer house branch lines, gas, electric, tele-communication services, refuse container enclosures, emergency accesses, required walls/fences and other requirements in accordance with the approved special permit and parcel map applications designated as Conditional Use Permit Application No. C-04-25 and Parcel Map No. 2006-22 and any amendments thereto, hereinafter referred to as "Special Permit;" and WHEREAS, the City of Fresno is unable to find that Conditional Use Permit Application No. C-04-25 and Parcel Map No. 2006-22 are in substantial compliance with the Conditions of STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASTMENT AND RECIPROCAL USES FOR CONDITION USE PERMIT APPLICATION NO. C-04-25 & PARCEL MAP NO. 2006-22 January 25, 2008 Page 3 Approval for Conditional Use Permit Application No. C-04-25 and Parcel Map No. 2006-22 until the Covenanters provides assurance that such improvements and buildings will be constructed and maintained in compliance with the conditions of approval of the Special Permit, the California Building Code and the Fresno Municipal Code. COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantor's Conditional Use Permit Application No. C-04-25 and Parcel Map No. 2006-22, the 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 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. 1. Each parcel of the Subject Property shall be developed and used in such a manner as to enable cross access between and among the parcels for the following purposes: pedestrian and vehicular ingress and egress, shared parking, cross drainage of stone water; cross access for utilities (Including but not limited to, water, fire suppression systems, common sewer house branch, etc.), emergency services access, refuse enclosures, provided the entire scope of the cross access is 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. 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. STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASTMENT AND RECIPROCAL USES FOR CONDITION USE PERMIT APPLICATION NO. C-04-25 & PARCEL MAP NO. 2006-22 January 25, 2008 Page 4 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, 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 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 of 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 Department Director of the City of Fresno issues a STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASTMENT AND RECIPROCAL USES FOR CONDITION USE PERMIT APPLICATION NO. C-04-25 & PARCEL MAP NO. 2006-22 January 25, 2008 Page 5 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 provisions 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 TO CREATE MUTUAL EASTMENT AND RECIPROCAL USES FOR CONDITION USE PERMIT APPLICATION NO. C-04-25 & PARCEL MAP NO. 2006-22 January 25, 2008 Page 6 Dated: CITY OF FRESNO COVENANTOR a Municipal Corporation Valley Capital Partners, LLC., A California Limited Liability Company By — By ohn"Al Managing Member Planning and Development Department 01" Sep-41+10LP' IN-tva 114 G iREc�pQ By: Freeman Wong, Manag� Member APPROVED AS TO FORM: ` JAMES SANCHEZ City Attorney (Attach Notary Acknowledgments for Covenantor) By. L. Johan W. Fox, Deputy City Attorney Date: �. CLERK'S CERTIFICATION State of California ) County of Fresno ) On December 23, 2008, before me, Jennifer Morelos, Deputy City Clerk, City of Fresno, personally appeared, Keith Bergthold, Interim Director of the Planning and Development Department, 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. I 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 By 4 Deputy GD ti 0*4 D DGS~. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Zo On before me, v-T1yh0 /451'VV1_Z6W ,fir ✓ /� s �/c ate --77 Here Insert Name and Title of the Officer personally appeared c /�Hrt/ /�ZI ew Name(s)of Signer(s) r 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 EDWARD ANDREW DQE he/she/they executed the same in his/her/their authorized Com^isislon# 1577? capacity(ies), and that by his/her/their signature(s) on the -� 11o1MRAACLos Q01 -catnip nla instrument the person(s), or the entity upon behalf of Los gng�lea county my comm.Expires may 8.200 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. WITNESS my Signature hand a d official seal. Place Notary Seal Above Signatu 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): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General C Attorney in Fact ❑Attorney in Fact • El Trustee F-1 Trustee Top of thumb here Top of thumb here ❑ Guardian or Conservator CI Guardian or Conservator ❑ Other: iJ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 e CALIFORNIA ALL-PURPOSE 1CKNOWLEDGMENT State of California County of A e t i On before me, �.t�v+�., Date Here Insert ame and Title of the of personally appeared 'Er C, 't �6� Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personV whose name( is/ subscribed to the wgin instrument and acknowledged to me that die/ executed the same in Is/ authorized capaclty(ig4sl, and that by (is% r signature(gf on the instrument the person(s), or the entity upon behalf of which the person(,A acted, executed the instrument. CHUCK j1RC,1A <AfMA I certify under PENALTY OF PERJURY under the laws Commission# 1516457 of the State of California that the foregoing paragraph is Notary Public-Colif,,imia @my true and correct. Los Ancdeas Counry It Comm,Expires Oct 9,2006V WITNESS my hand and official seal. Signature Place Notary Seal Above Slgnatufe'of No ary Public - OPTIONAL �. Though the information below is not required bt law, it may prove valuable to persetis relying on the document and could prevent fraudulent remova and reattachment of this form to another document. Description of Attached Document J. Title orType of Document: N - Document Date: _— Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:— � 'n�� lI✓nA Signer's Name: ❑ Individual J L Individual ❑ Corporate Officer—Title(s): _ ❑Corporate Officer—Title(s): —! ❑ Partner—❑ Limited General _ I.__1 Partner—_] Limited ❑ General _ C Attorney in FactEl Attorney in Fact • ❑ Trustee fop of[hu nb here l Trustee Top of thumb here ❑ Guardian or Conservator Guardian or Conservator 'Other: Other: Signer Is Representing:_ — Signer Is Representing: Tl- 02007 National Notary Association-A350 De Soto Ave.,PO Box 2402- halsworth,CA 91313-2402•www.NationalNolary.org Item#5907 Reorder:Call Toll-Froe 1.800-876-6827 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASTMENT AND RECIPROCAL USES FOR CONDITION USE PERMIT APPLICATION NO. C-04-25& PARCEL MAP NO. 2006-22 January 25, 2008 Page 8 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on 1.,.Ct•usT Jf , ZC07 in the office of the Fresno County Recorder as Document No. Arc`7,(21 of which the Deed of Trust in, by and between: Valley Capital Partners, LLC, a California Limited Liability Company as Trustor, and Fidelity National Title Company as Trustee, and Wells Fargo Bank, N.A., 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 Conditional Use Permit Application No. C-04-25 & Parcel Map No. 2006-22 DATED: Qh.—z.G-/w'y L 2008 Wells Fargo Bank N.A. as Beneficary By: ILi�✓ '�J• Cil /�c� �ii/�c f lGSi!1E.F/ By: � � > sL4� (Beneficiary to print/type document data, names and titles; and attach Notary Acknowledgment) Statement of Covenants Affecting Land Development to Create Mutual Easements and Reciprocal Uses for Conditional Use Permit Application No. C-04-25 & Parcel Map No. 2006-22 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on August 31, 2007 , as Document No. _2007-0164871_ of Official Records, of which the Deed of Trust in, by and between: Valley Capital Partners, LLC, a California Limited Liability Company as Trustor, Fidelity National Title Company as Trustee, and Wells Fargo Bank, N.A. successor by merger to Placer Sierra Bank as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto the foregoing Statement of Covenants Affecting Land Development to Create Mutual Easements and Reciprocal Uses for Conditional Use Permit Application No. C-04-25 & Parcel Map No. 2006-22. 11 DATED: ItOe /S . 2008 Wells Fargo Bank, N.A. successor by merger to Placer Sierra Bank as Beneficiary air :-✓� �''��2f?/Tc �`>�!t y/ S11c tiT By:_�T �/ ✓'�Y�1O (Beneficiary to prinUtype document data, names and titles; and attach dated Notary Acknowledgments to this document) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of t7 1"S On ac 2-17(Y before me, J (Hemi sert n46 and title of the officer) personally appeared -s' a:s �L [ ( • �. < cL'. •'' 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 L6rSgo1njp&ra raph is true and correct. .r ANNq ERNANDEZ Commlaslon#� 1564753 .� Notary Public-CCOOmla WITNESS my d and official seal. ACa"rdy My Comm.Expke�Mor 26,2009 Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be t properly completed and attached to that document. The only exception is if a ' .< �jc' ;c L/?G'C(. !• l document is to be recorded outside of California. In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i e. El Individual(s) he/she/they-is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) Signature of the notary public must match the signature on file with the office of the co mty clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryC]asses.com i Statement of Covenants Affecting Land Development to Create Mutual Easements and Reciprocal Uses for Conditional Use Permit Application No. C-04-25 & Parcel Map No. 2006-22 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on _April 30, 2008 as Document No. _2008-0063285_of Official Records, of which the Deed of Trust in, by and between: Valley Capital Partners,LLC, a California Limited Liability Company as Trustor,Fidelity National Title Company as Trustee, and Intervest- Mortgage Investment Company as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto the foregoing Statement of Covenants Affecting Land Development to Create Mutual Easements and Reciprocal Uses for Conditional Use Permit Application No. C-04-25 & Parcel Map No. 2006-22. DATED: �'/3 ' 2008 Intervest-Mortgage Investment Company as Beneficiary A WAsmg4q7ToK CAF-FoWrtbn JXkVC C-1,AY,EVP. By: (Beneficiary to print/type document data, names and titles; and attach dated Notary Acknowledgments to this document) All-purpose Acknowledgment California only State of California` County of C �� �L f'(X S 1 On z 610S be re me, +t y' L 'col ��'/> N�7 1� (here insert name and title of the officer), personally appeared 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. } WITNESS my hand and official seal. C, r Signature Notary Seal ANNA HERWMEZ COMffd slOn#F 1564753 Notary Public-Calltomio . LOS Angeles County - MyComm.Expiires Mor 26,2009 Scanner Enabled Stores should scan this form Manual Submission Route to Deposit Operations DSGSI SO(A(1207111421) FOO I-OOODSG5350CA-0l CALIFORNIA NOTARY ACKNOWLEDGEMENT STATE OF Oregon )SS COUNTY OF Clackamas ) On June 3, 2008 before me, Kathleen Spittal, Notary Public, personally appeared Dave Clay, who proved to me on the basis of satisfactory evidence to be the person(.$) whose names) isfafe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisfheF/thei authorized capacityfies3, and that by hisfheythei signature(s) on the instrument the personH, or the entity upon behalf of which the personw 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. y WITNESS my hand and official seal. OFFICIAL SEAL KATHLEEN L SPITTAL NOTARY PUBLIC-OREGON Signature COMMISSION NO.411457 MY COMMISSION EXPIRES DECEMBER 9,2010 My Commission Expires: 12/9/2010 This area for official notarial seal Notary Name: Kathleen Spittal Notary Phone: 503-214-5052 Notary Registration Number: 411457 County of Principal Place of Business: Clackamas, OR