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Home My WebLink AboutPM 2006-25 - Agreement/Covenant - 3/11/2009 When Recorded Mail To: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 03/10/2009,20090032402 NO FEE - GOVERNMENT CODE 6103 CITY OF FRESNO O Planning and Development Department Z O V Lu N Q w .J CL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR PARCEL MAP NO. 2006-25 Statement of Covenants Affecting Land Development Parcel Map No. 2006-25 Page 2 WHEREAS, KEISHO INVESTMENT GROUP, 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 ollows:Parcels A, B and C, Inclusive, of Parcel Ma No. 2006-25 according to the map thereof recorded in Book of Parcel Maps at Page(s) _5Z, r- ,'5J , Fresno County Records; and WH EREAS, 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 Review Application No. C-05-16 and any amendments thereto, hereinafter referred to as "Special Permit," in such a mariner that each parcel of the Subject Property will be cornpelled to use portions of other parcels of the Subject Property; and WHEREAS,the City of Fresno is unable to find that Parcel Map No. 2006-25 is in substantial compliance with the Conditions of Approval for Vesting Tentative Parcel Map No. 2006-25 dated September 28, 2006 ("Tentative Map") until the Covenantor provides assurances that such Statement of Covenants Affecting Land Development Parcel Map No. 2006-25 Page 3 September 28, 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, 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; d. All utilities (including but not limited to gas, electricity, water, fire suppression systems, sanitary sewer, tele-communications, etc.); Statement of Covenants Affecting Land Development Parcel Map No. 2006-25 Page 4 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 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 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 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. Statement of Covenants Affecting Land Development Parcel Map No. 2006-25 Page 5 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 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. 2006-25 Page 6 DATED: .11C�1y(�114-YZ� �D_ ZdO� CITY OF FRESNO, COVENANTOR a Municipal Corporation KEISHO INVESTMENT GROUP, LLC, Planning and Development Department A California Limited Liability Company By:�/ By: Keith Bergthold, Inter m Director Steven u, D., Mana er APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: John W. Fox, Deputy City Attorney Date: i 1 7 12onq f (Attach Notary Acknowledgments) SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on July 5th, 2007, in the office of the Fresno County Recorder as Document No. 2007-0129555 of which the Deed of Trust in, by and between: Keisho Investment Group, LLC as Trustor, Fidelity National Title Insurance Company, as Trustee, and Citizens Business Bank, 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. 2006-25. DATED: ' 2-0 BENE CIARY 'I DI By: ra L. Long, Senior Vice President and Manager 4al Valley (Beneficiary to attach Notary Acknowledgement) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of T`t no On o2b before me, , jcjL-zn, rz�G,r Q(�b 1, L Date ` Here Ins rt Name a Title of the Officer personally appeared l.,- Name(s)of er(s) 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 VALERIE CHARLSON capacity(ies), and that by his/her/their signature(s) on the Commission#1531851 instrument the person(s), or the entity upon behalf of z%MY Notary Public-California ZFresno County which the person(s) acted, executed the instrument. Comm.Expires Dec 4,200& I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS hand and official seal. Signature Place Notary Seal Above Signature of WQbis 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 ❑ Attorney in Fact • ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On 11� a2 0 before me, !14 dark ,\,-, 6%—f-n t 1t �- Dat ere Insert Name and Tile of the Officer personally appeared S4� A, Name(s)of Signer(s) 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 VALERIE CMARLSf011 he/she/they executed the same in his/her/their authorized Commission t 1821,56 capacity(ies), and that by his/her/their signature(s) on the i d Notary Public•California Fresno county instrument the person(s), or the entity upon behalf of M Comm,Expires the 4,2012) 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. n WITNESS my hand and offici eal 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: 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 ❑ Attorney in Fact • ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑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 CLERK'S CERTIFICATION State of California ) County of Fresno ) On January 30, 2009 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared, Keith Bergthold, Interim Director, 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), 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 REBECCA E. KLISCH, CMC City Clerk, City of Fresno By Ij Deputy OF PRFs�o n O 'b SAO tiM1. 947FD Oft'