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HomeMy WebLinkAboutPM 2007-15 - Agreement/Covenant - 10/29/2008 (4) When Recorded Mail To: City Clerk City of Fresno 2600 Fresno Street 1012912008120080152206 Fresno, CA 93721-3603 NO FEE -GOVERNMENT CODE 6103 CITY OF FRESNO Planning and Development Department 0 LL Z O 0 W Cn W J STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR PARCEL MAP NO. 2007-15 Statement of Covenants Affecting Land Development 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 of Parcel Maps at Page(s) _3�o 1-39 , 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-06-065 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. 2007-15 is in substantial Statement of Covenants Affecting Land Development Parcel Map No. 2007-15 Page 3 compliance with the Conditions of Approval for Vesting Tentative Parcel Map No. 2007-15 dated May 2, 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. 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. Pedestrian ingress and egress; 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. Statement of Covenants Affecting Land Development Parcel Map No. 2007-15 Page 4 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 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. 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. 2007-15 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. 2007-15 Page 6 DATED: 2.2 CITY OF FRESNO, COVENANTOR a Municipal Corporation MID STATE INVESTORS, LLC., Planning and Development Department A California Limited Liability Company By: By: Keith Bergthold, Interim Direc or Percy V Williams, Member APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney (Attach Notary Acknowledgments) By: C.V John W. Fox Deputy City Attorney Date: 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 a . a d official seal. H. ROBERTS rCommission# 1689872 qbmy Notary Publlc-California , Signature _ 1 (Seal) Fresno County 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, Keith Bergthold, 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 r By D puty O x n � P ti �� wry. 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 TO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR PARCEL MAP NO. 2007-15. **Sept 26, 2007, Inst 12007-0179885 **May 28, 2008, Inst 12008-0076614 DATED: BENEFICIA_V t. L� By. 7A'a �tS C'4S� P-xth�,,�C By: (Beneficiary to print/type document info, Name and Title; and attach Notary Acknowledgment) State of Cal' rnia ) County of a h S UP r15P () ) On `J �V� D before me, Notary Public (here insert name and title of the officer), personally a peared MA -T Ike who proved to me on the basis of satisfactory evidence to be the person(,*rwhose nameV) is/are-subscribed to the within instrument and acknowledged to me that he/thefthey executed the same in his/her/their authorized capacity(iesl,and that by his/+rertthrtr signature($) on the instrument the person(sl, or the entity upon behalf of which the person(sl 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 m hon d offici eal. Signature (Seal) ArvlvJ. MER' E Commission# 1.549682 f 0�� Notary Public -California San Luis Obispo County My Comm.Expires Feb 3,2009 (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 STATEMENTOF COVENANTS AFFECTING LAND DEVELOPMENTTO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR PARCEL MAP NO. 2007-15. DATED: BENEFICIARY Lee Vincent Lavelle and Laurette Marie Lavelle, as trustees of The Le Vincent Lavelle and Laurette Marie Lavelle Trust �� � T ; ; By By Lee Vincent Lavelle, trustee La ette Marie Lavelle, trustee Robert Me er and Patricia Meyer, trustees of The Pyr cia Meyer Revocable Living t at 07 77 as amended _ By: By. as attomey-in-fact for Pa @a Meyer Robert Meyer, trustee_ t ` P ricia, Meye trijstee By: �----- ` 1 - ** Scott K. Cursey Henrik 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 K: 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 drew V. Marinello r6 LL 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 sea]. Et k5C J`Z CO _+ iJO,Zry uh'�c Ca''�rnia Signature h4y Ccmm.iExr5ANt. 16J2C�n�` 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 SNS Vision Form SAS03CA Rev.06/23/99 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of CA,� 1,47_ O . . before me 66, Crag me,fe insert Name and Title of th Officer / J personally appeared �;144�e ' ir �/f� .arne s)of Signer(s) 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. CON instrument the person(s), or the entity upon behalf of Commission # 1770185 Notary Public -California which the person(s) acted, executed the instrument. Monterey County Camm.t3 0021 2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my haAd and official seal. Signatui, 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 r Title or Type of Document: ,r Document Date: r � Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) i Signer's Nam Signer's Name; 0 Individual ❑ Individual -i Corporate Officer—Title(s): ❑Corporate Officer—Title(s): Partner—❑. Limited ❑General ❑ Partner—❑ Limited C General VCCIAW 'L) Attorney in Fact • •P'Attorney in Fact • HOMIN lerTrustee Top of thumb here ❑Trustee Top of thumb here Q Guardian or Conservator ❑Guardian or Conservator Other: ❑Other: Signer Is Representing: �^Representing: _ �h7` a I�l.1yLt ' - _2Z& ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder,Calf Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _ State of California County of Datebefore me, - !� , Here Insert Name and Tille of the ),ar personally appeared -14d obe 4� r Narne(s)of Signer(s) V L/ A qi�, "C &ev& 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. DEBRA A. CON Cornmllssioln Af 1770188 1 certify under PENALTY OF PERJURY under the laws No1Ory PUW •CaKf°rrimi Monterey County of the State of California that the foregoing paragraph is ,r Cornu Oc121 4011 true and correct. WITNESS my haqd 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 Docu nt r Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) CI - e by Signer(s) { r� Signer's Name: Signer's Name: V C- ❑ Individual i._i Individual ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner— I Limited Of General _ i II Partner—- Limited ❑ General ❑ Attorney in Factttorney in Fact.171" • Trustee Top of thumb here LJ Trustee Top of thumb here 17 Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: S' er Is Repvesentin 02007 National Notary Association•9350 De Soto Ave.,PO.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder Call Toll-Free 1-800-876-6827 State of CalifQrnia __ ) County of 4 J. S (A-)IZ= ) On before me, Notary Public (here insert name and title of the officer), personally appeared >L12 AA who proved to me on the basis of satisfactory evidence to be the'personN whose nameNis/ai'la,,subscribed to the within instrument and acknowledged to me that he/sh} /Ny executed the same in his/her,ItIIvjIk!r authorized capacity(i ,and that by hisNr/�ir signaturex on the instrument the personN, 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)(Seal) MELISSA KUES ` 5 Commission # 1737485 t HlOfpry PublIC -California 2 Son Luis Obispo County - MVCWM 80ftM0y5,2011 (notary)(12-07) State of California ) County of UA NAG;D h ) On �D(��b before me, 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 person(),whose nameQ is/ subscribed to the within instrument and acknowledged to me that he/shgbWy executed the same in his/hh/t�ir authorized capacityNs,),s),and that by his/"tt it signatureXon the instrument the personN, 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 m hand and official seal. Signature 2 Seal) r c22v, MELAI S KU 3 Commission * 17374AS Notary Public -California San Luis Obispo County MVCorrm•9 ws May 3.2011 VP (notary)(12-07)