HomeMy WebLinkAboutPM 2006-43 - Agreement/Covenant - 8/8/2008 (2) WHEN RECORDED MAIL TO:
City Clerk
City of Fresno 08/08/2008
2600 Fresno Street __ .__ _ 120080113391
Fresno, CA 93721-3603 - - . .---
NO FEE - Government Code 6103
O
Z CITY OF FRESNO
0 Planning and Development Department
LU P.W. File No. 5494-2006-43
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STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
ACKNOWLEDGING FRESNO-YOSEMITE INTERNATIONAL
AIRPORT OPERATIONS FOR PARCEL MAP NO. 2006-43
STATEMENT OF COVENANTS
Acknowledging Airport Operations
Parcel Map No. 200643
Page 2
RECITALS
WHEREAS, FIG TREE PROPERTIES, L.P.,a California Limited Partnership, hereinafter
referred to as the "Covenantor," is the owner 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:
Lots A through J, inclusive, Parcel Map No. 2006-43 according to the map
thereof recorded on f4(10{1K-l _8 , 200L in Books 6Y of
Pages(s) 4� �- 93 , 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 applied to the City of Fresno for a Parcel Map
No. 2006-43 which would subdivide the Subject Property into a 10-Lot Parcel single-story office
building project; and
WHEREAS, the City of Fresno desires to obtain covenants from the Covenantor to insure
that the Subject Property is not developed,used,or maintained in such a way as to adversely affect
adjoining properties.
COVENANTS, CONDITIONS, AND RESTRICTIONS
For favorable action on, and approval of, the Covenantor's application for approval of said Final
Map, 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
STATEMENT OF COVENANTS
Acknowledging Airport Operations
Parcel Map No.2006-43
Page 3
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. Covenantor hereby covenants as follows:
a. To.notify any buyer, by the use of real estate disclosure statements, of the
proximity of the Subject Property to the Fresno-Yosemite International Airport and that the
operation of the airport may affect the habitability and quiet enjoyment of the Subject Property.
b. To notify any buyer, by the use of real estate disclosure statements,that the
Subject Property will be exposed to airport noise which may exceed the City of Fresno, General
Plan - Noise Element adopted policy,of 60 dBA CNEL for outdoor activity areas.
C. To indemnify, hold harmless, and defend the City and each of its officers,
agents, and employees from any and all loss, liability, costs, and damages, and from any and all
claims,demands and actions in laworequity(including attorney's fees and legal expenses),arising
or alleged to have arisen directly or indirectly out of or in any way connected with the approval of
this commercial office project adjacent to the Fresno-Yosemite International Airport and within the
60 dBA CNEL or higher noise contour.
2. The conditions of this Statement are intended to benefit the public and public
properties. Accordingly, the City of Fresno shall have the right to enforce this Statement by any
legal or equitable means against the Covenantor and such person or persons in actual possession
of Subject Property who directly or who through any agent violate the terms hereof. All obligations
of the Covenantor under this Statement shall inure solely to the benefit of the City of Fresno. There
are no third party beneficiaries of such obligations nor shall the right of the City of Fresno be
transferable in any manner to any person other than to a successor municipal corporation whose
geographic boundaries include the Subject Property.
3. 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.
4. 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.
STATEMENT OF COVENANTS
Acknowledging Airport Operations
Parcel Map No.2006-43
Page 4
5. 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 so requires,
any gender includes the other genders,the singular includes the plural, and the plural includes the
singular.
STATEMENT OF COVENANTS
Acknowledging Airport Operations
Parcel Map No. 2006-43
Page 5
DATED: , ` 1Z
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
FIG TREE PROPERTIES, L.P.,
Planning and Development Department A California Limited Partnership
Nick P. Yovino, Director
By: Granite Park Professional Center, LLC
A California Limited Liability Company
Its General Partner
By. By. --�
Keith Bergthoid, Assistant Director Wt Barbis, Manager
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By: Qz ! ' 2�" —
John W. Fox
Deputy City Attorney
Date:
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of �T�z
On before me,
(Here insert name and title of the officer)
personally appeared a-RIO�"� ,
who proved to me on the basis of satisfactory evidence to be the person(-s) whose nam*) is/afa subscribed to
the within instrument and acknowledged to me that he/fie/trey executed the same in hisAw/thrix authorized
capacity(ies), and that by hisfterftkeir signatures)on the instrument the person(4, 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.
KRYST&A MARTINEZ
Commlalon • 1672773
WITNESS my hand and official seal. Nota Fresno County
Sign9ure of Not 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 acknowledgmeni.form must be
properly completed and attached to that document. The only exception is if a
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/ere)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 county clerk.
❑ Attorney-in-Fact fi Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other i Indicate title or type of attached document,number of pages and date.
i 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.NotaryClasses.com
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On July 28, 20081 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 helshetthey
executed the same in hislherttheir authorized capacity(ies), and that by hislherttheir
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
Deputy
SUBORDINATION
The undersigned, as holder of the beneficial interest in and under that certain Deed of Trust
recorded on October 5, 2007, in the office of the Fresno County Recorder, as Document No. 2007-
0185510, of which the Deed of Trust in, by and between Fig Tree Properties, L.P., a California
limited partnership, as Trustor, Chicago Title Company, as Trustee and BILL BARBIS, as Trustee
under the Will of Tepi Barbis, aka Eptherpe Panas Barbis, deceased and by the Judgment of Final
Distribution to Testamentary Trust recorded September 21, 1992 as Document No. 92143811,
Official Records, as Beneficiary, hereby expressly subordinates said Deed of Trust and its
beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development
Acknowledging Fresno-Yosemite International Airport Operations for Parcel Map No. 2006-43.
DATED:
BENEFICIARY
4" —Zj— ,
B LL BARBIS, as Trustee under the Will
of Tepi Barbis, aka Eptherpe Panas Barbis,
deceased and by the Judgment of
Final Distribution to Testamentary Trust
recorded September 21, 1992 as
Document No. 92143811, Official Records,
(Beneficiary to print4ype document
information, Name, Title and attach Notary
AcknoWedgment)
State of California
County of
On dwmt off, before me,
Notary Publi , personally appeared AA A who proved to me on the basis of
satisfactory evidence to be the ersonXwhose name(vi are subscribed to the within instrument
and acknowjpkged to me tha she/they executed the same in is er/their authorized capacity* ,
and that by oer/their signatureWon the instrument the persory), or the entity upon behalf of
which the personf 4 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.
=TTI VIN
COMWMfan* 17436W
Signature (SCJ/ eal) "Wary►um -CaNbinia �
Fiew Counly
MI►C=M6VhMMWV.2M1 r
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on January 9, 2006, in the office of the Fresno County Recorder, as Document No. 2006-
0004202 of which the Deed of Trust in, by and between Fig Tree Properties, L.P., a California
limited partnership, as Trustor, Chicago Title Company, as Trustee and TFS Investments, LLC, a
California limited liability Company, Beneficiary, hereby expressly subordinates said Deed of Trust
and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land
Development Acknowledging Fresno-Yosemite International Airport Operations for Parcel Map No.
2006-43.
DATED: J—L/ l �/ ZOO
BENEFICIARY
TFS Investments, LLC, a California limited
liability company
By:
r, Manager
(Beneficiary to print4ype document
information, Name, Title and attach Notary
Acknowledgment)
State of California
County of Irmsm,
C
On nvjj %8 ,2b62 before me, tis rolxeA
Notary Public, personally appeared(CPoncc Pvai,ei✓►" `who proved to me on the basis of
satisfactory evidence to be the person(g)whose name(T)iL�subscribed to the within instrument
and acknowledged to me that ashaAhey executed the same inAVVherhheir authorized capacity(ies),
and that by 04ierAkeir signature(o on the instrument the person(a), or the entity upon behalf of
which the person(a)'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. CHRIS;OXEN
COMM.*1546018 m
Notary.PubNc-CalNomla to
ti FRESNO COUNTY
My Comm.Exp.Jan 21,2009
Signature (Seal)
CHRIS FOXEN
COMM.*1546019 M
H Notary.Publk-CaNtonia Co
W FRESNO COUNTY -+
My Comm.Exp.Jan 21,2099