HomeMy WebLinkAboutPM 2007-03 - Agreement/Covenant - 6/24/2009 (3) When Recorded Mail To:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
06/22/2009,20090084178
NO FEE - GOVERNMENT CODE 6103
CITY OF FRESNO
O Planning and Development Department
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STATEMENT OF COVENANTS AFFECTING
LAND DEVELOPMENT TO CREATE MUTUAL
EASEMENTS AND RECIPROCAL USES 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 as follows:
Parcels A through F, inclusive, of Parcel Map No. 2007-03 according to
the map thereof recorded in Book L 9 of Parcel Maps at
Page(s) $� -t 22 , 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 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
Statement of Covenants Affecting Land Development
Parcel Map No. 2007-03
Page 3
compliance with the Conditions of Approval for Vesting Tentative Parcel Map 2007-03 dated
December 24, 2007 ("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 subjectto 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 mariner
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
Statement of Covenants Affecting Land Development
Parcel Map No. 2007-03
Page 4
systems, sanitary sewer, tele-communications, etc.);
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
Statement of Covenants Affecting Land Development
Parcel Map No. 2007-03
Page 5
Property by written agreement.
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. 2007-03
Page 6
DATED: MAY lq�200'�
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
CENTRAL PLAZA SHOPPING CENTER,LLC
Planning and Development Department
By: �� �'�, By:
Keith Bergthold, Assis# Director Harvinder Virk, Its Managing Member
i/yf0AI A9
C.l11�`L�T!
FRANK AND PASQUA CHI IENTI, AS
APPROVED AS TO FORM: TRUSTEES UNDERTHE FRANKCHIMIENTI
AND PASQUA CHIMIENTI REVOCABLE
JAMES C. SANCHEZ LIVING AGREEMENT DATED MARCH 29,
City Attorney 1993
By: By. ;L1 /
K�ry, Wc,%-, ank Chimienti
Deputy City Attorney
Date:
Pasqua thimienti
(Attach Notary Acknowledgments)
CLERK'S CERTIFICATION
State of California )
County of Fresno j
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.
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
F FRe0
By
Deputy
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CERTIFICATE OF ACKNOWLEDGEMENT
State of California )
County of Fresno )
On July 25, 2008 before me, Shirlen D. Vish Notary Public, personally appeared
HarvinderVirk , who proved to me on the basis of satisfactory evidence to be the
person*whose name(s) is/ffe subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/herAhei authorized capacity(ies), and that
by his/hef4kei� 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 YISH
• commissloN s 17911254n
Z Notary Public-Calibmis 9
FRESNO COUNTY
My Comm Eipaes May 16.2012
Signature (Seal)
CERTIFICATE OF ACKNOWLEDGEMENT
State of California )
County of Fresno )
On July 28, 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
person(s)-whose name(s) is/-are subscribed to the within instrument and acknowledged to
me that he/she/lhey executed the same in hisiherAeiauthorized capacity(-ies); and that
by his/he4flwk 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
Z • COMMISSION#1798254
Notary Public-Calilomia
0 FRESNO COUNTY '
My Comm.Expires May.15,2012
Yz� 1
Signature 'ej (Seal)
CERTIFICATE OF ACKNOWLEDGEMENT
State of California )
County of Fresno )
On July 28, 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*whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she4hey executed the same in his/her/heif 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.
3NIRLEN O.V18H
COMMISSION K 1798254 0
Nally pift.Cs6lomin y
FRESNO COUNTY
OlMy Comm,Expires May.16.2012
Signature �It �� Seal
g (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 PARCEL MAP NO. 2007-03.
DATED:
BENEFICIARY
109 AQ
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Lar Woods, resident & CEO
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Lowell Hallock, Executive VP & CLO
(Beneficiary to print/type document info, Name and Title;
and attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of S&,n
On '1W before me, ,
Date ' �re Inserl Namthe Off'
�ry//7
personally appeared VI "0
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s)..t�/are subscribed to the
within instrument and acknowledged to me that
h bjey executed the same in,k eWE/their authorized
ca__�acity(ies), and that by his/her/r their signatureAs) on the
MARIA E.GUZMAN instrument theep rson(s), or the entity upon behalf of
67� -i Commisslon#1567190 Zwhich the persons acted, executed the instrument.
Notary Public-California Z -
Sam Mateo County
My Comm.Explre3Apr 8,2009 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.
Signature
Place Notary Seal Above Signature c Notary PuWk
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Description of Attached Document
Title or Type of Document: I I blltGll n �
Document Date: g/ ��ZOtr o 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:
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