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
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Z Project ID: Parcel Map No. 2006-22
V 4059 West Figarden Drive (Site Address)
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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
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Zo
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within instrument and acknowledged to me that
EDWARD ANDREW DQE he/she/they executed the same in his/her/their authorized
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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
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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
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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
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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
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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:
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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:
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By:
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(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
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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)
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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
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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
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Notary Name: Kathleen Spittal Notary Phone: 503-214-5052
Notary Registration Number: 411457 County of Principal Place of Business: Clackamas, OR