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HomeMy WebLinkAboutPM 2008-01 - Agreement/Covenant - 12/9/2008 (4) When Recorded Mail To: 1Z0�191Z0�3,Z@0$0163f�34 City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 NO FEE - GOVERNMENT CODE 6103 M 0 CITY OF FRESNO LL z Planning and Development Department a U W w a w CL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR PARCEL MAP NO. 2008-01 Statement of Covenants Affecting Land Development Parcel Map No. 2008-01 Page 2 WHEREAS, GYDA LAND COMPANY, INC., a California Corporation, AMENDOLA INVESTMENTS, LLC., a California Limited Liability Company, RICHARD M. AARON AND NANCY S. AARON, Co-Trustees of the Aaron Family Trust Dated October 6, 2006 and BETTYE L. SMITH, a Single Woman, 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, B and C, inclusive, of Parcel Map No. 2008-01 according to the map thereof recorded in Book 69 of Parcel Maps at Page(s) YL V!2 11 ZIP , 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 No. C-08-049 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. 2008-01 is in substantial compliance with the Conditions of Approval for Vesting Tentative Parcel Map No. 2008-01 dated Statement of Covenants Affecting Land Development Parcel Map No.2008-01 Page 3 May 9, 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; and WHEREAS, the Subject Property is subject to the Master Declaration of Covenants, Conditions and Restrictions for Copper River Ranch recorded June 2, 2006 as Document No. 2006- 0115469 and First Amendment to Master Declaration of Covenants, Conditions and Restrictions for Copper River Ranch recorded August 22, 2006 as Document No. 2006-0175087 ("CC&R's"). 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 CC&R's are still in effect and are not superceded by this covenant, however, if there is any conflict between the terms of this covenant and the CC&R's, the terms of this covenant shall take precedence. 2. 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 and vehicular ingress and egress; b. Shared parking; Statement of Covenants Affecting Land Development Parcel Map No.2008-01 Page 4 C. Drainage for storm water and storm water facilities; d. All utilities (including but not limited to gas, electricity, water, fire suppression 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. 3. A parking area or parking spaces that comply with the requirements of the Fresno Municipal Code shall be provided for each facility constructed on the Subject Property. A parking area or parking spaces provided for one facility shall not satisfy, in whole or in part, the parking requirements for any other facility constructed on the Subject Property in accordance with Section 12-306-1-2.1-b of the Fresno Municipal Code. 4. The Covenantor agrees that a primary purpose of this Agreement is to create a uniform plan for development of the Subject Property. To this end, any construction performed by the Covenantor on the Subject Property shall complywith the CC&R's and shall otherwise at all times be architecturally and aesthetically compatible with all other buildings and improvements on the Subject Property. Construction work subject to these requirements includes construction of a new building or other improvement,and construction involving the remodeling of or alterations or additions to an existing building or other improvement 5. 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. 6. Any buildings or structures constructed on any parcel of the Subject Property must comply with the prevailing California Building Code. Statement of Covenants Affecting Land Development Parcel Map No.2008-01 Page 5 7. Covenantor shall maintain all landscaping within the limits of the Subject Property in full compliance with all applicable provisions of the Fresno Municipal Code. 8. 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, 9. 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. 10. 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 Property by written agreement. 11. 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. 12. 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. 13. Each of the covenants, conditions, and restrictions contained in this Statement shall run with the Subject Propertyand shall be binding on each successive owner of the Subject Property, Statement of Covenants Affecting Land Development Parcel Map No.2008-01 Page 6 his heirs, representatives, successors, and assigns. 14. 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. 15. 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. 16. The provisions of this Statement shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of anyone 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.2008-01 Page 7 DATED: OEGEmItER 21 2068' CITY OF FRESNO, COVENANTOR a Municipal Corporation GYDA LAND COMPANY, INC., Planning and Development Department A Calif is ,orporation Nick P. Yovino, Director By: By Kei h Bergthold, As istan irector cD aid, President AMENDOLA INVESTMENTS, LLC., A California Limited Liability Company APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: Lou Amendola, President r By: RICHARD M. AARON AND NANCY S. AARON, John W. Fox Co-Trusteesof the Aaron Family Trust Deputy City Attorney Dated October 6, 2006 Date:_ By: Richard M. Aaron By: J Nan:y-Zzxaf" i ron BETTYE L. SMITH, a Single Woman 4§BETTYEMIT (A ach Notary Acknowledgments) CLERK'S CERTIFICATION State of California ) County of Fresno ) On December 2, 2008, before me, Jennifer Morelos, Deputy City Clerk, City of Fresno, personally appeared, Keith Berqthold, 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. 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 ` U*M"0 By Deputy ACKNOWLEDGMENT State of California ) County of `Y�/1() ) Onbefore me, FNd rAiq (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 namew is/* subscribed to the within instrument and acknowledged to me that he/sem executed the same in his/I Ir authorized capacity(a. , and that by his ., signature(s on the instrument the person(, or the entity upon behalf of which the personj(4)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. r4'�P� PAMELA L. GOIDWATER Commission#E 1716197 WITNESS my hand and official seal. Notary Public -California Fresno County Comm. M+esJan 12,2011 Signature G�� (Seal) ACKNOWLEDGMENT State of California ) County of 6�gS n 0 ) On Cf before me, 01"1110, L. bAlker Nk+a#v PUb jf (here insert name and tit e Iof the officer) personally appeared 12,c 6 im. ac m ►V c-%i - /tC�.�'�^t� 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. DONNA L. WELKER .. Comm.# 1795211 rf� Signature NOTARY PUBLIC- COUNTY UFORNIAFRESNO V, ARv COMM.Exv.APR.20,2012 n6 (Seal) STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) n On ©C+. (Q , 2008, before me, f'� G/ L , Notary Public, personally appeared & L• , who proved to me on the basis of satisfactory evidence to be the person() whose name(,*) is/ate subscribed to the within instrument and acknowledged to me that */she/tip executed the same in hia/her/t r authorized capacity(iA), and that by 14R/her/tljrr signature( on the instrument the person(#), or the entity upon behalf of which the person(4 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. PAMELA L. GOLOWATER Commission # 1716197 IL Notary Public-California Z Fresno County Comm.=Jan 12,2011 (SEAL STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On 06�' P, , 2008, before me, 0*�Al f , Notary Public, personally appeared ku, A/ vf(2(0(-- , who proved to me on the basis of satisfactory evidence to be the personal whose name(o) is/,90subscribed to the within instrument and acknowledged to me that he/sem executed the same in his/kir authorized capacity(ics), and that by his/her signature(;) on the instrument the person(o), or the entity upon behalf of which the person(o) 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. (SEAL) PAMELA L. GOLDWATEt� 'F` Commission # 1716197 d► Notary PubIIC -California g Fresno County Comm.FJ IresJan 12,2011 + SUBORDINATION The undersigned is holder of the beneficial interest in and under that certain "Deed of Trust With Assignment of Rents" recorded on August 29, 2007, in the Official Records of Fresno County, California, as Instrument No. 2007-0162516, among Gyda Land Company, Inc., a California corporation, as "Trustor", Financial Title Company, a California corporation, as "Trustee", and Copper River Ranch LLC, a California limited liability company, as "Beneficiary" (the "Deed of Trust"). Beneficiary expressly subordinates the Deed of Trust and its beneficial interest under the Deed of Trust to that certain: "Statement of Covenants Affecting Land Development to Create Mutual Easements and Reciprocal Uses for Parcel Map 2008-01", to which this Subordination is attached, and as the same may be amended in the future according to its terms (the "Senior Instrument"). By executing this Subordination, Beneficiary agrees that should it acquire title to all or any portion of the real property encumbered by the Deed of Trust by foreclosure (whether judicial or non-judicial), deed-in- lieu of foreclosure, or any other remedy in or relating to the Deed of Trust, it will acquire such title subject to the provisions of the Senior Instrument, which shall remain in full force and effect. ,.�J� Dated: lam/ , i' , 2008 r River Ranc , LLC, lifo� is 'mit liability company By: B ry McDonald Farid As emi first Vice President Title: President STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On �• (10, , 200 , before me, Notary Public, personally appeared 69411 MG 1PIOl Ad_ F-Ztrl,4 }%5*41 who proved to me on the basis of satisfacto y evidence to be the person(s) whose name(s) je/are subscribed to the within instrument and acknowledged to me that he#+!l�re/they executed the same in /their authorized capacity(ies), and that by mer/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. QMV2MPAMELA L. GOLDWATER Commission # 1716197 M-_EbVr6$Jan12,2011 Notary Public -CaliforniaFresno County (SEAL)