HomeMy WebLinkAboutPM 2006-29 - Agreement/Covenant - 1/26/2016 (2) fllf SBI I ill I�li Ilil�Illii I I II�flll I IIII I li IIII�I
When Recorded Mail To: FRESNO County Recorder
City Clerk Paul Dictos, C,P A.
City of Fresno DDC- 2016-0007752
2600 Fresno Street Ac{-t 73-Stewart title Bakersfield
Fresno, CA 93721-3603 Monday, JAN 25, 2015 08:00:00
Tt 1 Pd $0A 00 Rcpt 4 0004460474
1CJ /R5I2-11
NO FEE - GOVERNMENT CODE 6103
CITY OF FRESNO
Development& Resource Management Department
STATEMENT OF COVENANTS AFFECTING
LAND DEVELOPMENT TO CREATE MUTUAL
EASEMENTS AND RECIPROCAL USES FOR
PARCEL MAP NO. 2006-29
Statement of Covenants Affecting Land Development
Parcel Map No. 2006-29
Page 2
WHEREAS, SPAN DEVELOPMENT,LLC,LLC, a Wyoming 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 A through H, inclusive, of Parcel Map No. 2006-29 according to
the map thereof recorded in Book -115 of Parcel Maps at
Page(s) 13 kry 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 Site Plan Review Application No. 5-07-205 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 ("City") is unable to find that Parcel Map No. 2006-29 is in
substantial compliance with the Conditions of Approval for Tentative Parcel Map No. 2006-29
dated July 25, 2008 ("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.
Statement of Covenants Affecting Land Development
Parcel Map No. 2006-29
Page 3
COVENANTS, CONDITIONS AND RESTRICTIONS
In consideration of the approval and recording of said Parcel Map by the City, 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 histherlits heirs,
successors, and assigns.
1. Each parcel of the Subject Property shall be developed and used in such a manneras
to enable reciprocal cross access between and among the parcels as approved by the City 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;
G. 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.);
e. Access to all buildings and areas for emergency services;
f, Landscaping; wells/fences; solid waste facilities; and
g. Any additional uses pursuant to amendments to the Special Permit approved
by the City.
Z Mutual easements appurtenant are hereby created and apply to each parcel of the
Statement of Covenants Affecting Land Development
Parcel Map No. 2006-29
Page 4
Subject Property as a burden and benefit, to satisfy the need for cross access for each of the
purposes identified in paragraph 1, above.
3_ Any buildings or structures constructed on any parcel of the Subject Property must
comply with the prevailing California Building Cade..
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 forthe fire suppression system in full compliancewith 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. As between the City of Fresno and Covenantor,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.
8. At such time Covenantor or subsequent owner(s) sells or transfers any parcel of the
Subject Property, the owner shall disclose this Statement of Covenant to the buyer and reserve and
except from the deed for the parcel(s), the terms of this Statement of Covenant.
9. The conditions of this Statement of Covenant are intended to benefit the public and
public properties as well as properties appurtenant. Failure to comply with the terms of this Statement
Statement of Covenants Affecting Land Development
Parcel Map No, 2006-29
Page 5
of Covenant 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 shall have the right to
enforce this Statement of Covenant by any legal or equitable means.
10. Each of the covenants, conditions, and restrictions contained in this Statement of
Covenant shall run with the Subject Property and shall be binding on each successive owner of the
Subject Property, his/herfits heirs, representatives, successors, and assigns.
11. If either party is required to commence any proceeding or legal action to enforce or
interpret any term or condition of this Statement of Covenant,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. For the purposes of this Statement of Covenant, "attorneys' fees" and "legal expenses"
include, without limitation, paralegals'fees and expenses, attorneys, consultants fees and expenses,
expert witness fees and expenses,and all other expenses incurred by the prevailing party's attorneys
in the course of the representation of the prevailing party in anticipation of and/or during the course of
litigation,whether or not otherwise recoverable as"attorneys'fees"or as"costs" under California law,
and the same may be sought and awarded in accordance with California procedure as pertaining to
an award of contractual attorneys' fees,
12. The waiver by either party of a breach by the other of any provision of this Statement of
Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of either the
same or a different provision of this Statement of Covenant. No provisions of this Statement of
Covenant may be waived unless in writing and signed by all parties to this Covenant. Waiver of any
one provision herein shall not be deemed to be a waiver of any other provision herein.
13. The conditions and obligations of this Statement of Covenant shall remain in full force
and effect until such time as the Development& Resource Management Director of the City issues a
written release of such conditions and obligations and records such release with the Fresno County
Statement of Covenants Affecting Land Development
Parcel Map No. 2006-29
Page 6
Recorder.
14. The provisions of this Statement of Covenant 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 of Covenant so requires, in interpreting this Statement of Covenant, any
gender includes the other genders, the singular includes the plural, and the plural includes the
singular.
15. This covenant shall apply to all of the lots within the Subject Property regardless of any
adjustments to any lot lines or subdivisions within the boundary of the Subject Property.
W
Statement of Covenants Affecting Land Development
Parcel Map No. 2006-29
Page 7
DATED: -7
CITY OF FRESNO,
a Municipal Corporation COVENANTOR
Development& Resource Management SPAN DEVELOPMENT, LLC,
Department a Wyoming Limited Liability Company
Jennifer K. Clark, Director
By: A4L +
Jenne 1. Clark, Director By:
Name: ,
APPROVED AS TO FORM: Title: �`7
DOUGLAS T. SLOAN
City Attorney
By:
Ma aterman-Doidge
D puty City Attorney
Date:
(Attach Notary Acknowledgments)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California nn
County of_ uff'' N* ' )
On Iyu, ia'ns before me, � v�
'(fin [insert name and title of the officer
personally appeared l ti V, r ` Un i hkd
who proved to me on the basis of satisfacto vidence to be the person whose name(* islafe-
subscribed to the within instrument and acknowledged to me that helebeA executed the same in
hisAReFAh it authorized capacityC", and that by hi0veNthteir signature44 on the instrument the
personts), or the entity upon behalf of which the person(&}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.
JULIA PENA
WITNESS my hand and official seal. Cammi:sion 0 2048739
-+� Notary Pudic-Calilornia =
[ Hal County
My Comm, Expires Doc 0.2017
Signature (Seal)
A notary }public or other officer completing this
certificate verifies only the identity of the
individual who signed the document, to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document
CLERK'S CERTIFICATION
State of California }
County of Fresno }
On January 8,_2016 before me, Marco Martinez-Velasquez, Depuly_City Clerk, personally
appeared, Jennifer K. Clark Director Development and Resource Management Department
(DARM)of the City of Fresno, who proved to me on the basis of satisfactory evidence, to be the
person(s)whose name(s) islare subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by
his/her/their signature(s)on the instrument the persons), 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 Stare of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
YVONNE SPENCE. CMC
City Clerk, City of Fresno �tR� of F,Q�
s t,
n
ea
OCT
By
Deputy
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on Li 'Will _ in the office of the Fresno County
Recorder as Document No. iO II Lj r091L�l q ep of which the Deed of Trust in, by and
between: -�f DVvWVMeNf as Trustor,
A*601bw w iN , as Trustee,
and K, �# 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. 2006-29.
DATED: --. M'r 3 Zd/5-
BE E CIAR Ll��:LAS �I�Gd CrldC
U�By:
Name:
Title:
By:
;Nam '�1(
itle: �.
(Beneficiary to printltppe document
information, Name, Title and attach Notary
Acknowledgment)
1�
z .
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Fresno }
On June 03, 2015 before me, Lisa Ann Tadich, Notary Public
(insert name and title of the officer)
personally appeared Matt Koukas
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(e) isles
subscribed to the within instrument and acknowledged to me that helaheft1te+y executed the same in
his/ha4#ter authorized capacityoes�, and that by hisgieOthsir signature(e) on the instrument the
person{&), or the entity upon behalf of which the person¢&) 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.
�ooaa000neoeeoeeaoeneeeeeauaeoeeaeoeoes
WITNESS my hand and official seal. 4 USAANN TAOlCH
COMM.#2012=
NOTARY PUBUG-CAL LFI iA
FRESNO COUNTY
s9 C MMftfon CKPiNa OWI&WIT
� �eoaauoeeeooeoaaoeeoeeoneoo9oeoaeeeeoa
Signature (Sealy
y