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HomeMy WebLinkAboutPM 2007-15 - Agreement/Covenant - 10/29/2008 (2) When Recorded Mail To: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 1012912008,20080152204 NO FEE - GOVERNMENT CODE 6103 CITY OF FRESNO 5 Public Utilities Department U- O P.W. File No. 5494-2007-15 0 W U) a W J C. STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR COMMON SEWER HOUSE BRANCH FOR PARCEL MAP NO. 2007-15 Statement of Covenants Common Sewer House Branch Parcel Map No. 2007-15 Page 2 WHEREAS, MID STATE INVESTORS, 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 A and B, inclusive, of Parcel Map No. 2007-15 according to the map thereof recorded in Book &9 of Parcel Maps at Page(s) .3(e 4-,3!2 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, the Conditions of Approval for Vesting Tentative Parcel Map No. 2007-15 dated May 2, 2008 by the City of Fresno, Planning and Development Department, hereinafter referred to as 'Conditions' and incorporated into this Statement by this reference, requires a separate sewer house branch to be provided for each proposed parcel; and WHEREAS, the Covenantor elected to construct a private sanitary sewer system including one common sewer house branch to connect the Subject Property to the City Sewer System; and WHEREAS, the provisions of Section 6-304(a)(3)(ii) of the Fresno Municipal Code requires affected property owners to execute a covenant when a common sewer house branch serves more than one parcel; and WHEREAS, the Covenantor has filed with the City of Fresno, Parcel Map No. 2007-15 for approval and recording. Statement of Covenants Common Sewer House Branch Parcel Map No. 2007-15 Page 3 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. The development of the Subject Property shall be subject to providing and maintaining the private sanitary sewer system and one common sewer house branch to connect the Subject Property to the City Sewer System and payment of all applicable Sewer Connection Charges and Sewer Facilities Charges. 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 whto 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. 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. Statement of Covenants Common Sewer House Branch Parcel Map No. 2007-15 Page 4 4. The foregoing conditions shall remain in full force and effect until such time as the Public Utilities Department Director issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 5. 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. 6. 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 Common Sewer House Branch Parcel Map No. 2007-15 Page 5 DATED:' ' Q7 CITY OF FRESNO, COVENANTOR a Municipal Corporation MID STATE INVESTORS, LLC., Public Utilities Department A California Limited Liability Company Rene Ramirez, Director �j By; �/� . By. _ J Robert N. Andersen, Assistant Director Perc _. Williams, Member APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney (Attach Notary Acknowledgments) C—�C By: _ y 3'�' Jol-in W. Fox Deputy City Attorney Date: L, State of California ) County of Fresno ) On September 23, 2008 before me, H. Roberts , Notary Public (here insert name and title of the officer), personally appeared Percy L. Wiliams, 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 hapd a d official eal. � H. R78 R S Signature (Seal) < Commission# 1689872 Notary Public-California Fresno County MY Comm.Expires Sep 23,2010 (notary)(12-07) CLERK'S CERTIFICATION State of California ) County of Fresno ) On October 22, 2008, before me, Jennifer Morelos, Deputy City Clerk, City of Fresno, personally appeared, Robert N. Andersen, Assistant 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 By cl [ ,� Deputy � D r S� n a SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on July 31, 2007 , in the office of the Fresno County Recorder as Document No. 2007-0145461 **modified of which the Deed of Trust in, by and between: Mid State Investors, LLC as Trustor, Fidelity National Title Company as Trustee, and San Luis Trust Bank as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR COMMON SEWER HOUSE BRANCH FOR PARCEL MAP NO. 2007-15. **Sept 26, 2007, Inst #2007-0179885 **May 28, 2008, Inst #2008-0076614 DATED: BENEFICIARY By: -- r�-- + By: (Beneficiary to print/type document info, Name and Title; and attach Notary Acknowledgment) State of CaWornia ) County ofLA Irl W 15 VVIspo ) On Se before me, Notary Public (here insert name and title of the officer), personally aaearid who proved to me on the basis of satisfactory evidence to be the personal whose name( is/afe-subscribed to the within instrument and acknowledged to me that he/-a�executed the same in his/•herltheir authorized capacity(.ia�,and that by hisfheiyth signature() 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 ha ial seal. Signature (Seal) (notary)(12-07) SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 2, 2008 , in the office of the Fresno County Recorder as Document No. 2008-0064840 of which the Deed of Trust in, by and between: Mid State Investors, LLC as Trustor Fidelity National Title Company , as Trustee, and Lee Vincent Lavelle and Laurette Marie Lavelle, as trustees** , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR COMMON SEWER HOUSE BRANCH FOR PARCEL MAP NO. 2007-15. DATED:-;2 BENEFICIARY Lee Vincent Lavelle and Laurette Marie Lavelle,, as trustees of ZeVe Vincent Lavelle and Laurette/Marie Lavelle Trust By: _40" �,. 1%-{fir _TRA115,14�a By-,Z' trusted .ate Lee Vincent Lavelle, trustee La ette Marie Lavelle, truste Robert r d atri 'a Meyer, trusteesof The o e a P 'cia Meyer Revocable Living t 77 as amended By: By: 0600mey 111-wfor-parneia MOW Robert Me er, trustee Patricia Meyer trus ek Sc tt'A. Cursey HeVrik Nielsen **of The Lee Vincent Lavelle and Laurette Marie Lavelle Trust as to an undivided 260/4255ths interest; Robert Meyer and Patricia Meyer, trustees of The Robert and Patricia Meyer Revocable Living Trust dated 7/28/77 as amended as to an undivided 90/425ths interest; Scott R. Cursey, a single man as to an undivided 5/425ths interest; Henrik Nielsen; a married man as sole and separate property as to an undivided 70/425ths interest (Beneficiary to print/type document info, Name and Title; and attach Notary Acknowledgment) Andrew V. Marinello and Lori L. Marinello, husband and wife as joint tenants as to an undivided 75/260ths interest Escrow No.: 07-613132-HR Locate No.: CAFNT0910-0910-0005-0000613132 Title No.: 07-613132-ak BENEFICIARY CONTINUED A rew V. AarNello Lori L Marinello Exhibit Page—signatures(exhibi)(8-02) STATE OF CALIFORNIA } } ss. COUNTY OF SAN LUIS OBISPO } On 9-26-08, before me, L. A. BLASQUEZ, a Notary Public, personally appeared ANDREW V. MARINELLO and LORI L. MARINELLO, 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. �...ap `r Ha asr PLS Signature ' County of S---r La's Dn spo ' hky Comm Exp Sept.36.2009 Notary Name: L. A. BLASQUEZ Notary Phone Number: 805-786-2038 (please PRINT) Notary Registration Number: 1601565 Commission Expiration Date: 9-16-09 County of Principal Place of Business San Luis Obispo SUIS Vision Form SAS03CA Rev 06/23/99 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On _ �] i a� DZi _ �4_i lb ��� before me, � b to Here Insert Name/and Title of the Office personally appeared100 cC. � .� d I1 Ce Name(s)of Signer(s) t �4e � ����e '�h-�� c-� b�_r�l��e 4�e �1 a rl l e i�c.� 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 DEiRA A. COM capacity(ies), and that by his/her/their signature(s) on the Commission i 17701 8 instrument the person(s), or the entity upon behalf of Notary pup0c_Ca111Hawo which the person(s) acted, executed the instrument. MontereMan— y County C«TM^ Oa t X11 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han and official seal. 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 t r Title or Type of Document: ` 1�L C9 C1 Document Date: _ 'a 14 a P Number of Pages: � S'gner(s) Other Than Named Above: ,4 'Ic 177-, e r Sc��' An CU r Se��/ �er, //f";else I,-) Capacity(ies) Claimed by 5 ner(s� / Signer's NamSigner's Name: ),h LJ Individual D Individual L Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner--CI Limited iI General ❑ Partner—❑ Limited ❑ General Gill I-1 Attorney in Fact 'Attorney in Fact Top of thumb here Top of thumb here f, Trustee ❑'Trustee I_I Guardian or Conservator L, Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Si Wer is Representing: ©2007 National Notary Association•9350 De Solo Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NafionalNolaryorg Item#5907 Reorder:Call Toll-Free 1-800.876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County ofdry /'_ On �•a t before me, � C. r1a fd7 rj Date Here Insert Name and Title of th lofrf, 1 personally appeared d ►� 1— � Name(s)of Signers) f 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 DEBRA A. COBB instrument the person(s), or the entity upon behalf of Commission 0 1770185 which the person(s) acted, executed the instrument. Notary Public-California Monterey CountyI certify under PENALTY OF PERJURY under the laws LMvComm.ftiM0C12l2011 + 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 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 n Title or Type of Document: /_� 702 D d Document Date: a o _Number of Pages: &ncewtdn Signer(s) Other Than Named Above: �� f,, ,�- u► p- ,2),An'-e- ale � a !�► Cv►� en n'k N:%en C2fpacity(les) Claimedby Signer(s) 1'gner(s) . y Signer's Name: � � �� Signer's Name: A_6� Ile 1 ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ®Corporate Officer—Title(s): ❑ Partner—F I Limited h General ❑ Partner—!_; Limited General ❑ Attorney in Fact "thumb Attorney in Fact • ! Top of thumb here Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Sign Is Representing: 02007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www,National Notary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 State of California ) County of o �� �`C' r {SlDQ ) On before me, G'! 4AA Notary Public (here insert name and title of the officer), personally appeared who proved to me on the basis of satisfactory evidence to be the p rson(s)whose name(N)js/lare subscribed to the within instrument and acknowledged to me that he/ste/t(y executed the same in his(the,[r authorized capacity(,and that by his/[*r/tNir signature(!S},Qn 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. WITNESS my hand and official seal. Signature — (Seal) r -4 MeussA xues Commission # 1737485 Notary Public -California San Luis Obispo County QwCorrmeouMbV5.2011 (notary)(12-07) a a State of CalifQrnia ) County of On before me, Notary Public (here insert name and title of the officer), personally appeared I who proved to me on the basis of satisfactory evidence to be the person(t�whose name( is/zwe subscribed to the within instrument and acknowledged to me that he/3 _e/tb<executed the same in his/twe /tfts authorized capacity0s),and that by his/h`e�/tkr signature( on the instrument the person(Q, or the entity upon behalf of which the person Q 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. Signature _ 1�_LL_ L� kZ tSeal) MELISSA KUES Commission # 1737485 Notary Public -California San Luis Obispo County MyCWM 9"W MoyA 2011 (notary)(12-07)