HomeMy WebLinkAboutPM 2008-02 - Agreement/Covenant - 7/7/2009 (3) When Recorded Mail To:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE - GOVERNMENT CODE 6103 07/06/2009j20090090679
CITY OF FRESNO
Planning and Development Department
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a STATEMENT OF COVENANTS AFFECTING
LAND DEVELOPMENT TO CREATE MUTUAL
EASEMENTS AND RECIPROCAL USES FOR
PARCEL MAP NO. 2008-02
Statement of Covenants Affecting Land Development
Parcel Map No. 2008-02
Page 2
WHEREAS, COPPER&MAPLE ASSOCIATES, LLC,a Delaware 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 through F, inclusive, of Parcel Map No. 2008-02 according to
the map thereof recorded in Book &9 of Parcel Maps at
Page(s) q5 7(0 � 9 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, 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-08-001 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. 2008-02 is in substantial
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August 14, 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
Statement of Covenants Affecting Land Development
Parcel Map No. 2008-02
Page 3
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, COND11-IONS 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. 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. 2008-02
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 comply with 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. 2008-02
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
Statement of Covenants Affecting Land Development
Parcel Map No. 2008-02
Page 6
run with the Subject Property and shall be binding on each successive owner of the Subject Property,
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 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. 2008-02
Page 7
DATED: NE 2 9
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
COPPER & MAPLE ASSOCIATES, LLC,
Planning and Development Department a Delaware Limited Liability Company
By: C%•� By: 1
Keith Bergthold, In erim Director Robe . Wilson, Trustee
i son Family 2004 Trust,
Managing Member
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By: C�
CpuJohn W. Fox
ty City Attorney
Date: S2.9 / -1,D 0!�
(Attach Notary Acknowledgments)
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On June 29, 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
Q� FRfs�
By
Deputy CO
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0R'�TEO OG1.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On V LQM DCC6, before me,
Date ` - r_Here Insert Name a itle of the Officer
personally appeared C7�1 \ S �J �\S`��
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(owhose namefs) is/afe subscribed to the
within instrument and acknowledged to me that
MARIA CARMEN ORTEGA he/sh@4hey executed the same in his/herAh+eir authorized
Commission# 1657434 capacity(ies} and that by his/heW4h signature(e) on the
JNMYNOtary
Public-Callfornla instrument the person+*, or the entity upon behalf of
los Angeles County which the person(s) acted, executed the instrument.
Comm.Expires May T,201
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNE and and o ial seal.I�1GUl
Sig ature
Place Notary Seal Above Signature of Notary Public
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Though the information below is not required by law, it may prove valuable to persons relying on the document
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Description of Attached Document
Title or Type of Document: --V
Document DateU_0,X ``XU ^ IIt�` &-<9_ ! sNum o agetk6t 0
Signer(s) Other Than Named Above: ` �� c� \ ��� FC' ��—
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 LlAttorney in Fact •
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑Other:
S'gne�presenti, ng:� Signer Is Representing:
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