HomeMy WebLinkAboutPM 2008-05 - Agreement/Covenant - 10/15/2015 (2) i
WHEN RECORDED MAIL TO:
10/14/2015,20150133026
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE - Government Code 6103
a CITY OF FRESNO
0 Development& Resource Management Department
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O P.W. File No. 5494-2008-05
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STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
ACKNOWLEDGING FRESNO - YOSEMITE INTERNATIONAL
AIRPORT OPERATIONS FOR PARCEL MAP NO. 2008-05
STATEMENT OF COVENANTS
Acknowledging Airport Operations
Parcel Map No.2008-05
Page 2
RECITALS
WHEREAS, JB DEVELOPMENT, LLC, a California Limited Liability Company, hereinafter
referred to as the "Covenantor," is the owner of the real property 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 D, inclusive, of Parcel Map No. 2008-05 according to
the map thereof recorded in Book _ r7_3 of Parcel Maps at
Page(s) I <r _a -, Fresno County Records; and
WHEREAS, the 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 Covenantor has applied to the City of Fresno ("City') for a Parcel Map
No. 2008-05 which would subdivide the Subject Property into a 4-Parcel industrial planned
development; and
WHEREAS, the City desires to obtain covenants from the Covenantor to insure that the
Subject Property is not developed, used, or maintained in such a way as to adversely affect
adjoining properties.
COVENANTS, CONDITIONS, AND RESTRICTIONS
For favorable action on, and approval of, the Covenantor's application for approval of said Parcel
Map, the 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 of Covenant
STATEMENT OF COVENANTS
Acknowledging Airport Operations
Parcel Map No. 2008-05
Page 3
will run with the Subject Property and shall be binding on each successive owner of the Subject
Property and his/her/its heirs, administrators, successors, and assigns.
1. Covenantor hereby covenants as follows:
a. To notify any buyer, by the use of real estate disclosure statements, of the
proximity of the Subject Property to the Fresno - Yosemite International Airport and that the
operation of the airport may affect the habitability and quiet enjoyment of the Subject Property.
b. To notify any buyer, by the use of real estate disclosure statements, that the
Subject Property will be exposed to airport noise which may exceed the City's, General Plan-Noise
Element adopted policy of 60 dBA CNEL for outdoor activity areas.
C. To indemnify, hold harmless, and defend the City and each of its officers,
agents, and employees from any and all loss, liability, costs, and damages, and from any and all
claims, demands and actions in law or equity(including attorney's fees and legal expenses),arising
or alleged to have arisen directly or indirectly out of or in any way connected with the approval of this
residential project adjacent to the Fresno - Yosemite International Airport and within the 60 dBA
CNEL or higher noise contour.
2. The conditions of this Statement of Covenant are intended to benefit the public and
public properties. Accordingly,the City shall have the right to enforce this Statement of Covenant by
any legal or equitable means against the Covenantor and such person or persons in actual
possession of Subject Property who directly or who through any agent violate the terms hereof. All
obligations of the Covenantor under this Statement of Covenant shall inure solely to the benefit of
the City. There are no third party beneficiaries of such obligations nor shall the right of the City be
transferable in any manner to any person other than to a successor municipal corporation whose
geographic boundaries include the Subject Property.
3. If either party is required to commence any proceeding or legal action to enforce or
interpret any term or condition of this Statement of Covenant,the prevailing party in such proceeding
or action shall be entitled to recover from the other party its reasonable attorney's fees and legal
expenses. For the purposes of this Statement of Covenant, "attorneys'fees"and "legal expenses"
include, without limitation, paralegals' fees and expenses, attorneys, consultants fees and
STATEMENT OF COVENANTS
Acknowledging Airport Operations
Parcel Map No. 2008-05
Page 4
expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing
party's attorneys in the course of the representation of the prevailing party in anticipation of and/or
during the course of litigation,whether or not otherwise recoverable as"attorneys'fees"or as"costs"
under California law, and the same may be sought and awarded in accordance with California
procedure as pertaining to an award of contractual attorneys' fees.
4. The waiver by either party of a breach by the other of any provision of this Statement
of Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of either
the same or a different provision of this Statement of Covenant. No provisions of this Statement of
Covenant may be waived unless in writing and signed by all parties to this Covenant. Waiver of any
one provision herein shall not be deemed to be a waiver of any other provision herein.
5. The foregoing conditions and obligations shall remain in full force and effect until
such time as the Development & Resource Management Department Director issues a written
release of such conditions and obligations and records such release with the Fresno County
Recorder.
6. The provisions of this Statement of Covenant 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
Acknowledging Airport Operations
Parcel Map No.2008-05
Page 5
DATED: CNG
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
JB DEVELOPMENT, LLC,
Development & Resource Management A California Limited Liability Company
Department
By: U.S. FUND AND INVESTMENT
CCNSUYAI
NC.,
Manag'n Merr
By: By.
Mark Scott, Interim Director Brad Koac , Vice President
APPROVED AS TO FORM:
JAMES C. SANC EZ
City Attorney
(Attach Notary Acknowledgment)
By: X
Iia Kolluri-BarblCk
Deputy City Attorney
Date: S A61 1 I Z- _
CLERK'S CERTIFICATION
State of California)
County of Fresno )
On June 7, 2012, before me, Stacey Woo, Deputy City Clerk, personally appeared
Maris Scott Interim Director for the Development and Resource Management
Department who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to be 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 OR PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
YVONNE SPENCE, CMC
CITY CLERK, City of Fresno
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of F2e—!snO
On .�qQ 1� before me, e)m�Lpr yng A-k1,E&�
M,rt Hera Insert Name ann Tele of Iher Qlflcer
personally appeared r n iScnui
Name(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
instrument the person(s), or the entity upon behalf of
54 PMIWLA My AtUaW which the person(s) acted, executed the instrument.
Comrnwilon 1179""
"Of Vrutwc -CONlornlo I certify under PENALTY OF PERJURY under the laws
FMWW Courdy of the State of California that the foregoing paragraph is
2s•2o12 true and correct.
WITNESSry
dandof to I.
Signature
Place Notary Seal Above SIgnatur rr
otary Pu is
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: r bT 0UEaa�=s
Document Date: Number of Pages: r7
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:, X11, �Onatt Signer's Name:
Individual pSiW 11 Individual
Corporate Officer—Title(s): 0 LO-e i AE- '+? ❑Corporate Officer—Title(s): _
❑ Partner—❑ Limited ❑ General - ElPartner—[ILimited ElGeneral
❑ Attorney in Fact 7�7
❑Attorney in Fact
❑ Trustee ❑Trustee ,f thumb Here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: _ ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association-9350 De Soto Ave,P.O.Box 2402-Chatsworth,CA 91313-2402-www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on April 9, 2008, in the office of the Fresno County Recorder as Document
No. 2008-0050929 of which the Deed of Trust in by and between: JB DEVELOPMENT, LLC, A
California Limited.Liability Company,as Trustor, UNITED SECURITY BANK,as Trustee,and UNITED
SECURITY BANK,as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial
interest thereto to the foregoing Statement of Covenants Affecting Land Development Acknowledging
Fresno -Yosemite International Airport Operations for Parcel Map No. 2008-05.
DATED: Z Z9
BENEFICIARY
UNITED SECURITY BANK
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Ken ❑ ah e, Assistant Secretary
(Beneficiary to print/type document information, Name,
Title and attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ELtsno
On before me, pnMLLP J��.E fZ-o �O PQ
Date I+pre Insert Nanta anO 11110 0[the Officer
personally appeared
Nanii�[s1 of Signprts)
who proved to me on the basis of satisfactory evidence to
be the personO whose nameW isfwv�-subscribed to the
within instrument and acknowledged to me that
heh- executed the same in his/her/their authorized
capacity(�4, and that by him signature(% on the
FAMHA RAY ALLEGRO instrument the person(o), or the entity upon behalf of
CONAW fon # 1746494 which the person(o acted, executed the instrument.
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11101111130 FUW - Collfornla
Air11a County 1 certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESSL
Signature-==7
Place Notary Seal Above Slgnatu p!Notary c
OPTIONAL p
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
�I 61`b0Enn_VTF5 Title or Type of Document: �T�)mr tnr bt
Document Date: Number of Pages: _
Signer(s) Other Than Named Above:
Capacity(les) 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 - El Attorney in Fact ■
❑ Trustee Top cf thumb here ❑Trustee Top of IhurnD here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
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02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-www.NationaiNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827