HomeMy WebLinkAboutPM 2008-22 - Agreement/Covenant - 3/30/2010 (2) When Recorded Mail To:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE - GOVERNMENT CODE 6103 03/30/2010120100040778
CITY OF FRESNO
Planning and Development Department
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CL STATEMENT OF COVENANTS AFFECTING
LAND DEVELOPMENT TO CREATE MUTUAL
EASEMENTS AND RECIPROCAL USES FOR
PARCEL MAP NO. 2008-22
Statement of Covenants Affecting Land Development
Parcel Map No. 2008-22
Page 2
WHEREAS, SHAKTI DEVELOPMENT LLC, a California 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 H, inclusive, of Parcel Map No. 2008-22 according to
the map thereof recorded in Book 76 of Parcel Maps at
Page(s) 29 - Y6 , 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-09-143 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. 2008-22 is in substantial
compliance with the Conditions of Approval for Vesting Tentative Parcel Map No. 2008-22 dated
August 5, 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; and
Statement of Covenants Affecting Land Development
Parcel Map No. 2008-22
Page 3
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 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;
C. Drainage for storm water and storm water facilities;
Statement of Covenants Affecting Land Development
Parcel Map No. 2008-22
Page 4
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.
7. Covenantor shall maintain all landscaping within the limits of the Subject Property in full
Statement of Covenants Affecting Land Development
Parcel Map No. 2008-22
Page 5
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 Property and shall be binding on each successive owner of the Subject Property,
Statement of Covenants Affecting Land Development
Parcel Map No. 2008-22
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 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. 2008-22
Page 7
DATED: z2jjf CH 20"o
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
SHAKTI DEVELOPMENT LLC,
Planning and Development Department a California Limited Liability Company
John M. Dugan, AICP, Director
By: - By: .'>
errs/ . Bishop, Assistant Director Narendra Dahya, Managing ember
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By: ,-
Sh 0 no haffin
Deputy City Attorney
Date: / (Attach Notary Acknowledgments)
ACKNOWLEDGMENT
State of California
County of SAN MATEO )
On FEB. 4TH, 2010 before me, SUSHIL KALRA, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared - NARENDRA DAHYA --
who proved to me on the basis of satisfactory evidence to be the person($) whose name(swj is/a/e
subscribed to the within instrument and acknowledged to me that he/sWtv6y executed the same in
his/h,6r/th6ir authorized capacity(ip6), and that by his11j r/th)6`[r signature(4 on the instrument the
person(, or the entity upon behalf of which the person(A) 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.
SUSHIL KALRA
WITNESS my hand and official seal. COMM. 1802104 e
CL ''�ffi NOTARY PUBLIC • CALIFORNIA
D SAN MATEO COUNTY
IMy commission expires June 17,2012 f
Signature (Seal) ------
T A T� M c K Y ra t= C 0,A—) V
CITY'S CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF FRESNO )
On a zC �, z o , before me, CL'
Deputy City Clerk personally appeared, L proved
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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
his/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
KAMaps\Parcel Maps\Active\PM 2008-02\Map Docs\PM 2008-02 Planned Dev Cov for reciprocal uses v08-12-16.wpd
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on September 14, 2007, as Document No.2007-0171672, in the office of the Fresno
County Recorder, of which the Deed of Trust in, by and between:
Shakti Development, LLC, a California limited liability company, as Trustor, Financial Title
Company of Fresno County Inc., a California corporation, as Trustee, and Gyda Land Company,
Inc., a California 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. 2008-22.
DATED: a2�1�i�41�
BENEFICIARY
By:
By:
(Beneficiary to print/type document info, Name and
Title; and attach Notary Acknowledgment)
ACKNOWLEDGMENT
State of California
County of_E94S Lo )
On 2riz ?-a!a before me, .,JAW 41 Ze 7 r /tee
(insert name and title the officer)
personally appeared 14WY /"'/CZ'1444*,-P
who proved to me on the basis of satisfactory evidence to be the person(t) whose name(w is4ce-
subscribed to the within instrument and acknowledged to me that herr executed the same in
hisfilmr.ftw authorized capacity(;), and that by his/+ /f4E#signature{z) on the instrument the
person(a), or the entity upon behalf of which the person(p) 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.
%JOHN
E. MATSUOKA
Comm � 1687973 r^
NOTARY PUBLIC-CALIFORNIA N
FRESNO COUNTY
Alr
ignature (Seal) Comm.CEXP,SEPT.14,2010'`