HomeMy WebLinkAboutPM 2008-19 - Agreement/Covenant - 6/8/2010 When Recorded Mail To: 05/28/2010;20100068767
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE - GOVERNMENT CODE 6103
CITY OF FRESNO
p Planning and Development Department
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STATEMENT OF COVENANTS AFFECTING
LAND DEVELOPMENT TO CREATE MUTUAL
EASEMENTS AND RECIPROCAL USES FOR
PARCEL MAP NO. 2008-19
Statement of Covenants Affecting Land Development
Parcel Map No.2008-19
Page 2
WHEREAS, ZINKIN FAMILY PARTNERS, LP, a California Limited Partnership, 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 G, inclusive, of Parcel Map No. 2008-19 according to
the map thereof recorded in Book ?0 of Parcel Maps at
Page(s) ` 9 f Li 8 , 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-5864 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. 2008-19 is in substantial
compliance with the Conditions of Approval for Tentative Parcel Map No. 2008-19 dated
January28, 2009(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.
Statement of Covenants Affecting Land Development
Parcel Map No.2008-19
Page 3
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 and vehicular ingress and egress;
b. Shared parking;
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.
2. 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
Statement of Covenants Affecting Land Development
Parcel Map No.2008-19
Page 4
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.
3. 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.
4. Any buildings or structures constructed on any parcel of the Subject Property must
comply with the prevailing California Building Code.
5. Covenantor shall maintain all landscaping within the limits of the Subject Property in full
compliance with all applicable provisions of the Fresno Municipal Code.
6. Covenantor and Covenantor's successor and assigns 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.
7. 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.
8. 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-cornmunication service),shall be the responsibility of the Covenantor,
and Covenantor's successors and assigns unless otherwise agreed between the property owners of
each parcel of the Subject Property by written agreement.
9. At such time as Covenantor or subsequent owner(s)sells or transfers any parcel of the
Subject Property, then Covenantor or subsequent owner who sells or transfers such parcel, shall be
released, effective as of the date of such transfer and only with respect to the parcel so transferred
Statement of Covenants Affecting Land Development
Parcel Map No.2008-19
Page 5
from the performance of the covenants and obligations herein contained, and Covenantor or
subsequent owner shall disclose this Statement to the buyer and shall transfer or convey title to such
parcel subject to the terms of this Statement.
10. 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 Perrnit 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.
11. 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.
12. 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 attorneys fees, costs
and litigation expenses.
13. 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.
14. 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.2008-19
Page 6
DATED: A
CITY OF FRESNO, COVENANTOR -
a Municipal Corporation
ZINKIN FAMILY PARTNERS, LP,
Planning and Development Department a California Limited Partnership
John M. Dugan, AICP, Director
By: By.,,/
erry . Bis op, AssistaKt Director Betty Zinkirj en461 Partner
J
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By: 2
anno Chffin
Depu rney
Date: f (Attach Notary Acknowledgments)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of �ru�
On 94:4 before me,
Dale Here Insert Npme and Title of the Officer
z_m_�C")
personally appeared
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the personS,,"hose name( Ia;e-§ubseritSed to the
within instrument and acknowledged to me that
(telshe/tWexecuted the same in bi&ier/thpif-authorized
capacity(i&<and that by D4her/tY}etf signature(4 on the
instrument the personA or the entity upon behalf of
�,. fv3A;Z`!K.COPELAND t.. which the person( acted, executed the instrument.
COMM. 1803613 �--
NOTYPueuCCnuFORNw I certify under PENALTY OF PERJURY under the laws
FRESNO COUNTY � Y
MY COMM EXPIRES JUNE 247 7 ,2012 of the State of California that the foregoing paragraph is
true and correct.
WITNESS y ha d official seal.
Place Notary Seal Above Signature Signature of Notary Public
OPTION L
Though the information below is not required by law, it may prove va a 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 ❑ Partner—❑ Limited Ll General
❑ Attorney in Fact • ❑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.Box 2402•Chatsworth,CA 91313-2402•www.NallonalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6627
CITY+S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
On '?a-� 13, 2-010 before me,
Deputy City Clerk personally appeared, p f �4d� . �.yc -c}ov , proved
to me on the basis of satisfactory evidence, to be the persons(s)whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in
fits/her/their authorized capacity(ies), and that by his/her/their signature(s)on the
instrument(s)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 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
SUBORDINATION
I
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on March 29, 2006, in the office of the Fresno County Recorder as Document No. 2006-
0065207 of which the Deed of Trust in, by and between: Zinkin Family Partners, LP, a California
limited partnership, as Trustor, and Stewart Title of California, Inc., as Trustee, and Acacia Life
Insurance Company, a District of Columbia corporation, 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. 2008-19.
DATED: October 13, 2009.
BENEFICIARY:
ACACIA LIFE INSURANCE COMPANY,
a DistriZAul
rporation
By:
gent-,
STATE OF NEBRASKA )
ss.
COUNTY OF LANCASTER )
The foregoing instrument was acknowledged before me this 13th day of October, 2009, by
Jon B Weinberg, Authorized Agent of Acacia Life Insurance Company, a District of Columbia
corporation, on behalf of the corporation
WITNESS my hand and official seal.
I f)
Not46 Public
My Commission Expires. `%' 2 O -/,2
GENERAL NOTARY-State of Nebraska
LYNN K.HILGER
�J My Comm.Exp.Sept.20.2012