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HomeMy WebLinkAboutPM 2007-03 - Agreement/Covenant - 6/24/2009 (2) When Recorded Mail To: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 06122/2009,20090084182 NO FEE - GOVERNMENT CODE 6103 CITY OF FRESNO Planning and Development Department O 0 w Q w J STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR CROSS DRAINAGE FOR PARCEL MAP NO. 2007-03 Statement of Covenants Affecting Land Development Parcel Map No. 2007-03 Page 2 WHEREAS, CENTRAL PLAZA SHOPPING CENTER, LLC and FRANK CHIMIENTI AND PASQUA CHIMIENTI, AS TRUSTEES UNDER THE FRANK CHIMIENTI AND PASQUA CHIMIENTI REVOCABLE LIVING AGREEMENT DATED MARCH 29, 1993, 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 in the attached Exhibit "A"; 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 Conditional Use Permit Application No. C-07-059 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 is unable to find that Parcel Map No. 2007-03 is in substantial compliance with the Conditions of Approval for Vesting Tentative Parcel Map No. 2007-03 dated December 24, 2007 ("Tentative Map") until the Covenantor provides assurances that such Statement of Covenants Affecting Land Development Parcel Map No. 2007-03 Page 3 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. Drainage for storm water and storm water facilities; and b. 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 Statement of Covenants Affecting Land Development Parcel Map No. 2007-03 Page 4 comply with the prevailing California Building Code. 4. Covenantor shall maintain and repair the improvements and buildings, in such a mariner 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. Statement of Covenants Affecting Land Development Parcel Map No. 2007-03 Page 5 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 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. 2007-03 Page 6 DATED: ;MAY CITY OF FRESNO, COVENANTOR a Municipal Corporation CENTRAL PLAZA SHOPPING CENTER,LLC Planning and Development Department By:- ��� By Managing B � Harvinder Virk, Its Mana in Member Keith Bergthold, Interim Director FRANK CHIMIENTI AND PASQUA CHIMIENTI, AS TRUSTEES UNDER THE APPROVED AS TO FORM: FRANK CHIMIENTI AND PASQUA CHIMIENTI REVOCABLE LIVING JAMES C. SANCHEZ AGREEMENT DATED MARCH 29, 1993 City Attorney By: Frar# Chimienti Deputy City Attorney Date: 5/o� By: A Pasqua himienti (Attach Notary Acknowledgments) CLERK'S CERTIFICATION State of California ) County of Fresno ) On May 20, 2009, before me, Jennifer Morelos, Deputy City Clerk, City of Fresno, personally appeared, Keith Berqthold, Interim 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 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. l 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 A OF FgE.s By Deputy C, i+1• e q,TEG OOS' CERTIFICATE OF ACKNOWLEDGEMENT State of California ) County of Fresno ) On September 12, 2008 before me, Shirlen D. Vish Notary Public, personally appeared HarvinderVirk , who proved to me on the basis of satisfactory evidence to be the persons)-whose named is/are subscribed to the within instrument and acknowledged to me that he/she/41ey executed the same in hisA3erAheir- authorized capacity(ies)-, and that by hisAien4heir- 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. g►11RLEN D.V1SN COMWSSM•V98M d NOWY Public-COMM* U FRESNO COUNT/ i ] My Comm.EW00 bLy.1b,2012 Signature (Seal) CERTIFICATE OF ACKNOWLEDGEMENT State of California ) County of Fresno ) On September 15, 2008 before me, Shirlen D. Vish Notary Public, personally appeared Frank Chimienti, who proved to me on the basis of satisfactory evidence to be the persons)-whose names)isle subscribed to the within instrument and acknowledged to me that he/sheAey executed the same in hisA4efghe4 authorized capacity(} and that by his/henkheir- 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. SHIRLEN D.VISH • COMMISSION# 1798254 Z Notary Public•C.W t MW 9 U FRESNO COUNTY My Comm.Expres May.16.2012 (Seal) Signature g ( ) CERTIFICATE OF ACKNOWLEDGEMENT State of California ) County of Fresno ) On September 15, 2008 before me, Shirlen D. Vish, Notary Public, personally appeared Pasqua Chimienti, who proved to me on the basis of satisfactory evidence to be the person(s)-whose name(s)is4re subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his/her>Zheir authorized capacity(ies)-, and that by hislher4heir 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. SHa1LEN 0.MSH •101 COMMISSION•1798254 p Notary Pu01k.Calfta" FRESNO COUNTY y Comm.Expires May.10,2012 Signature I9 71� (Seal) SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 15, 2008 , in the office of the Fresno County Recorder as Document No. 2008-0071048 of which the Deed of Trust in, by and between: Central Plaza Shopping Center, LLC as Trustor, Financial Title Company as Trustee, and Liberty 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 CROSS DRAINAGE FOR PARCEL MAP NO. 2007-03. DATED: BENEFICIARY L.. 1 F3 rr'Cz_-tet ��b.►-E 1� By: LAR W. WOODS PRESIDE & CEO , 1 By LOWE _L G. HALLOCK, Jr. Executive Mice President and Chief Lending Officer (Beneficiary to printltype document info, Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of OnWn q,2tM before me, Wt�l�t- .�u R��►wz ��` Da II ,�,, Here Insert Name and Title of the Off er personally appeared ka frm! Vv �IV 04G�5 -tj 6► � ''� '� Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)jg/are subscribed to the within instrument and acknowledged to me that heil,, they executed the same in tai /J ( gr authorized MARIA'E GU2MAN capacity(ie;), and that by 1; / /their si nature(s) on the Commission#1567190 instrument the persons or the entity upon behalf of Notary Public-California which the person(s) acted, executed the instrument. Son Mateo County omtlyComm.ExpiresApr8,2009J 1 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. Signatur t' /kw Place Notary Seal Above Signatur of Notary Pt#ic 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 Doc ment Title or Type of Document: 100rd-4,A4P dl Document Date: I ' C1 1,W01 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 El 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: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NalionalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 EXHIBIT "A" Parcels A through F, inclusive, of Parcel Map No. 2007-03 as recorded in Book C"' of Parcel Maps at Page(s) `� .r Fresno County Records. Together with; That portion of the West Half of Lot 111 of Roeding's Villa Colony, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 2 of Record of Surveys, at Page 43, Fresno County Records, bounded and described as follows; Beginning at the Southwest Corner of Lot 111 of Roeding's Villa Colony Map recorded in Book 2 of Record of Surveys, at Page 43, Fresno County Records, thence South 89°57'34" East along the South Line of Said Lot 111, a distance of 22.00 feet to the True Point of Beginning; thence continuing South 89°57'34" East along Said South Line of Said Lot 111, a distance of 582.19 feet, thence leaving Said South Line North 00°05'11' East, a distance of 90.00 feet; thence North 89°57'34" West, a distance of 10.00 feet; thence North 00°05'11" East, a distance of 241.15 feet; thence North 89059'47" West, a distance of 575.24 feet; thence South 00°48'45" East, a distance of 179.85 feet; thence South 00°00'00" East, a distance of 150.94 feet, to the True Point of Beginning. KWapsTarcel Maps\Aclive\PM 2007-03Wap DocslLegal Description Remainder Portion 091008-2.doc