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Home My WebLink AboutPM 2007-37 - Agreement/Covenant - 10/16/2008 When Recorded Mail To: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 10/16/2008120080147073 NO FEE -GOVERNMENT CODE 6103 CITY OF FRESNO Cc Planning and Development Department 0 LL z 0 0 W Cn 4 W J a STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR PARCEL MAP NO. 2007-38 Statement of Covenants Affecting Land Development Parcel Map No. 2007-38 Page 2 WHEREAS, COMMUNITY HOSPITALS OF CENTRAL CALIFORNIA, a California Corporation, and HUGH M. WILSON, III, an Unmarried Man as His Sole and Separate Property, 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. 2007-38 according to the map thereof recorded in Book f of Parcel Maps at Page(s) 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 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. 2007-38 Page 3 WHEREAS, the City of Fresno is unable to find that Parcel Map No. 2007-38 is in substantial compliance with the Conditions of Approval for Vesting Tentative Parcel Map No. 2007-38 dated March 6, 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. solid waste 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 Statement of Covenants Affecting Land Development Parcel Map No. 2007-38 Page 4 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 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 Statement of Covenants Affecting Land Development Parcel Map No. 2007-38 Page 5 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. 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. 2007-38 Page 6 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation COMMUNITY HOSPITALS OF CENTRAL Planning and Development Department CALIFORNIA, Nick P. Yovino, Director A California Corporation By: ge� By: 7)01 A, -Za5 L4 Keith Bergthold, Assistant Director Tim Joslin, CEO HUGH M. WILSON, III, An Unmarried Man as His Sole and Separate Property APPROVED AS TO FORM: JAMES C. SANCHEZ �� ' City Attorney By: 5 nr Hug M. Wilson, Ill By: lc?rx John W. Fox Deputy City Attorney Date: (Attach Notary Acknowledgments) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -State of California County of FrCSr o On ' tWk tLer- before me, Date l Here Insert Name and Title of the Officer personally appeared ZZ7C Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,$)whose named is4Fe—subscribed to the within instrument and acknowledged to me that 0011111M E.'WARD he,(WzeAhe}executed the same in hislhor4hoir authorized C * 1796"7 capacity(+es), and that by his/4e0heir signature(,s�Ion the troamy KANc -CaWonva instrument the person(sj, or the entity upon behalf of FWSW CowMy which the person(,%)- cted, executed the instrument. Z I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and offici seal. Place Notary Seal Above Signature Signatur 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 Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual E! Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—C Limited .General ❑ Attorney in Fact ❑Attorney in Fact • El Trustee C Trustee Top of thumb here Top of thumb here ❑ Guardian or Conservator Ci Guardian or Conservator ❑ Other: [ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.0.8ox 2402•Chatsworth.CA 913132402-www,NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of F�-e_5nb On 56-10t, 81 A,6 � before me, N c��1ilC� S12Z1'►'LC�G�.L> , �CfZ�i L� �L��LLCJ Date Here Insert Name and Title of the Oflicer personally appearedZC� Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to N.JUNE SHIMODA be the person whose nameV'is/am subscribed to the Commisslon# 1668539 within instrument and acknowledged to me that Notary Public-California he/s4e/ executed the same in his/ gir.authorized Fresno County capacity(ies), and that by hishtm2t7eir signature*on the @,my COMM.ExpUes May 20,201 instrument the person), or the entity upon behalf of which the personK 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. �72� Place Notary Seal Above Signature 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 Title or Type of Document: Document Date: 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 __1 Partner—- Limited _ General _ ❑ Attorney in Fact C Attorney in Fact • El Trustee El Trustee Top of thumb here 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.Bax 2402-Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 r CLERK'S CERTIFICATION State of California ) County of Fresno ) On October 10, 2008 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared, Keith Bergthold, Assistant Director of Planning and Development Department, 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 REBECCA E. KLISCH, CMC City Clerk, City of Fresno By -- Deputy