HomeMy WebLinkAboutPM 2009-01 - Agreement/Covenant - 3/27/2014 (2) Wiwi Recorded To:
Ci-.y Clerk
City of Fresno
2600. Fresno Stree`.
Fresno, CA.93721-3003
03/27/2014120140034204
NO i LLE-G0VL-W,.AENT CODE 610.3
CITY OF FRESNO
Development& Resource Management Department
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a STATEMENT OF COVENANTS AFFECTING
LAND DEVELOPMENT TO CREATE MUTUAL
EASEMENTS AND RECIPROCAL USES FOR
PARCEL MAP NO. 2009-01
Sfarr.rr:en'c-Coven2rts Affectiriq, LyyAln_sert
tea,,r_1 Map Nc 200�' kui
P .:t7,2
WHEREAS, INVEST MEN I STRATEGIES AND AFFILIATES CORPORATION, a California
Corporation, here;rir^fter referrec to as "Covenantor"is the owner of the real property situated .n the
City of Fresno, County of Frsrw, State of California, hereinafter referred to as the 'Subject Property'
and more particular y descr bed as fu.':jws.
Parcels A and B of Parcel Map No,2009-01 according to the map thereof
recorded in Boob _ 7� of Parcel Maps at
Page(s) 3 a- 19 Fresno County Records; and
WHEREAS, Cov^iarrtoi hereby warrants that any and ali parties having record titie interest In
the Subject Property which may ripen into a fee wve subordIIla led i1 Ibis-rlstrurnent and that all;such
ir;Struments _`Subordination, if any, are attached hereto and made a part of this instrument; and
WHEREAS, Covenantor has (,eve opei or i-tends 0 develOp Ule Subject Property with
buildings stru(;ture, parking and parking afeas, driveways, driveway approaches, landscaping,
landscape irrigation. water to doriest c and fire protectiC~, purposes. sanitary sewer disposal, gas,
electric, tele commun,cation services, solid waste facili`:as. storm water drainage. emergency
accesses, required wallsr'fences and ovtie` '(_-r_tuirewentz i,j accc,r;ar•ce with the approv�,-J S:)ecial
Permit and any amendments i ':e eto, ::c .:n4iter raferreo t_)as 'Specia; Permit, - such a manner that
eachh pante: of the Subject Properrywill :7e ccenvelled to use portions o'other parcels of the Sub ect
Property; and
WHEREAS, the City of Fresno 'City is unable tQ find ; _art rarct:' :.'sip No 2009-C1 :s ;n
substantial compliance svi the Corditions of Approval for Vesting Tentative Parcel Map
Nv 2009-0' dates:August 20.. 2009;'Te:ntative Map" .intil the Covenantor provides assurances that
s.;ch improvements anc buildings wr.11 be constructed and ,Maintained i,i compl :,nce with 'hr:
Gond t.Qns of approval of the- Specia Pormit, Tontotivc, Map, the Cahforn:a RAIming Coria and tho
Fresno V'unicipal Code.
Stute+llent u`Covorwls AfteCing Land Dev.--oprnent
Parcel Mla;a No J009-01
Page:t
COVENANTS, CONDITIONS AND RESTRICTIONS
In consrdera:ton of t,ne approval and recording of said Parce Map by ttte City, Covenantor hereby
covenants that the Subject Property shai be held, conveyed, e�rcumbered, used, occupied,
developed, maintained,and improved subject to the following covenants,cond-lions,aria restrictions,
which are for the purpose of enhancing attractiveness, �_se`ulness, va ue, and desirability of the
Subject Property, the surrounding property, ana We public at large and to minimize possible adverse
effects on the public hearth, safety, peace, anc general welfare. Each of the covenants, condit oris,
ar,d test.rictions contained in this Statement shall run wit^the Sub,ect Property and shall be binding
upon anc nure to the benefit of each successive ov._ er of the Subject Proper,y and hisiher!its heirs.
successors, and assigns.
1. Each pare:-:. of the S .-Ject Property shall be developed arid used in such a manner as
to enable reciproca crass access between and amorg :ne parcels as approved by the C ty in the
Special Permit, regardless of whe her the parcels of the Sibpoct Properly are owned or leased by the
same or different pc;rsons'-ir'hP fol owing purposes,
R Pedestija• a-d vehicular Ingress and egress.
b. Shared parking.
C. Drainage for storm water and storm water facilities;
d. All utilities i.'ir:cluding but no:,united to gas, e actricity, water, fire suppression
systems, sanitary sewer, tele-cornmunicativns, etu ;,
e. Access to all Dui dings and areas fry• emergency services;
Landscaping, walls"fences; sold waste farilttirs; and
g Any adcit+onal uses pursuant to 4i,nendinents t:Y t--:c; Special Perrr-i, approved
by the City.
2. Covenantor represents anc warrants it is ,, D sole owner of all parcels located i-1 -J-e
Strr7je+.t Property. Covenantor ::hall create mUtual ratier»en:.s to P•ianle reciproca; cross access
Statement of CoVcn4nts Affec.---i Lancs.4,velopme^t
Parce-, Map No.2009-01
P : ,
between and among each parcel of to Subject Property, as a burdcr and a benefit, to satisfy the
need for cross access for each of the purposes identified in paragraph 1, above. Sucn mutual
easements shall be created effei__ /e upon sale, lease, assignment, transfer, or any other method of
disc( sing of any ownei ship interest o-estate in the Subjec. properly. by a se---ies of transactions or
otherwise such that there would no longer be a single person or ertil, wt-o has a one-hundred
percent(100%)ownership interest in ail parcels located n the Subject P uper2y. Fear the purposes of
this Covenant, a one hundred percent (100°0) ownr✓,rshrp interest in all parcels Coes not incoude
ownership interests subject to leaseholas or other estates.
3. Any buildings o-, structures constructed on any parce of the Subject Property n-ust
rcrrt7F:,y wile:
:-e Preva:ling California Bu lding Code.
4, Covenantor shall maiWain all landscaping tit: +in the limits of:fie Subject Property In full
comp ianee with ali applicable prc;visiuns of the Fresno Municipal Code.
5. Covenantor shall repair and maintain all components of the fire suppression water
System installed on the Sud°ect P�operty including but--, t Iimitnd 'o'hose components relating to the
underground water supoly for the Circ suppression system in full connpiiance with al:applicable,fedi:al
and state laws ane :hp Fresno Municipal Code,
0. Covenantor sial ;naintain and repair the improvements and buiidings. n such a
manner that will riot limit or impair such mc.tual non-excli:z.yr uses across parcel lires within the
Subject Property, in compliance wi.h the approved Special Permit, Tentative Map tete California
Building Code and the Fres-o Vuricipal Code.
7 As behveen the City of Fresno and ('.jvcnantor,the cost Of maintenance and repa,i-of
improvements. -ti :y charges wh cn arc not separately metered and baled ,including but not :mited€u
c �:ries or sewer wate-, solid waste co'lec-.ron, gas elect and tete-communication service), shall
Staternnnt of Covenants A°f�_•cting :and Cr..vel:jpmarr
Plarrel Map No. 2009 01
Page 5
be the responsibility of the Covenaritur,
8. At such time Covenantor or suhsequent owner(s) Sells or transfers any parcel of the
Sub;ect Property, the owner shall disclose th.s Statement of Covenant to the buyer and reserve and
except from the deer) for the parce,(s,, the terms of :"us Statcmcmt of Covenan-
9. The conditions of'his Staterrlen' of Coverian' are merited to benefit the public and
publ.c properties as well as properties appurtei ji :. Failure ;u comply with the terms of this Statement
of Covenant may result in the revocation of the Ce-tif;are c'Occupancy or Special Permit by the City
for use of any Parcel of the Subject property involved. Accordingly, the City shall have the right to
enforce this Staternenl of Covenant by any legal or equ table means,
10. Each of the covenants, conditions, and res. ;c cons contained in this Statement of
Covenant shal run wr—_ the Subaec: Property and shall be binding on each successive owner of the
SubScct Property, his,herlits neirs, represeotatives, successors, awd assigns.
11, If ei her party is required to commence arty proceeding, or egal action to enforce or
interpret any term or condition of- -.is Statemcnt of Covcnant the prcvail.ng parry in such proceeding
or action shall be entitled to recover trop: t--ie other party `ts reasonah:e attorney's fees and legal
expenses. For the purposes of tnis Statement of Covenant, artorneys fees' and "regal expenses"
include,without limitation, paralegals sees and expenses,wtornPys. consultants fecs and expenses,
expert witness fees and expenses,and&I,other expenses ;l1ncu�ped by the prevailing party's atton :_ys
in tree course of the representation of the prevai ing pa!Ly ir,anricihatic n of andr'or during the course of
litigatie,i.whether or not otherwise recoverable as"atte - Sys' fees'or as-GOSts .,nder California lay.
and the some may be south:and awarded in accordance with Califvr is orecedure as pertaini-,g to
an award of contractual attorneys tees,
12. Tl�e waiver by ei her party c.`en bread by the other et a-y provision of this Statement of
Covenant shall not constitiule a continuing v,.,a ver or waive- of any subseque:it breach o`either the
Statement of Covenants Affect t;r Land iiwelapmen;
Farce' Map No.2009 ':J:
-',age G
same or a ditierent prov._,,rir. of -.nis Statement ot Covenant No provisions of this Statement of
Covenant may be waived unless -i writing and signed by a,l parties to this Covenant Waiver of any
one provision herein shall not be deemed to be a waver of any other prof on herein
13. Tl•p.conditions and obligations of this Statement of Covenant shall rernain in full force
and effect until such lime as the Development&Resource Pvlaracement Directc-of the City issues a
writte:- release of such conditions and obligations and records;.,ch release with .-te Fresno County
Recorder.
14. The provissons of this Stateritent of Covenant shall 5e deemed independent and
severable and: the invalidity or pai..,-! invalidity or unenforceability of any one provis :�- or porion
thereof shall riot affect the validity or enforceability of any other provisi:_, t •iereof. Whenever tie
context of the Statement of Cover •ani so requires i-. into,Ptr: t nu 0 - Statement of Covenant, any
gender includes the other genc;ers 1 :e singu irl-udes plura and ;he plural includes '.he
lgular.
15, This covenant shall apply to all of:re tots within the Subject Property regardless of any
adjustments to any lot I nes or subd,.visions withir `hc boundary of the Subject Property.
Statement of Covenants Affecting Land Development
Parcel Map No. 200"1
Pare 7
DATED: Z �
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
INVESTMENT STRATEGIES AND AFFILIATES
Development& Resource Management CORPORATION,
Department a California Corporation
C �f&jh I
By y.
PdaS t�,-1+�4erirn-Director Walter Brian Fuery, CE
Je n' f r Clark
APPROVED AS TO FORM.-
DOUGLAS
ORM:DOUGLAS T. SLOAN
City Attomey
Py'_
aria oliuri-B Ilk
Deputy',City Attorney
Date: 520,ell
(Attach Notary Acknowledgments)
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On February 21, 2014 before me, Sherrie L. Badertscher, Deputy City Clerk, personally
appeared, Jennifer Clark, Director, Development & 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 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
YVONNE SPENCE, CMC
City Clerk, City of Fresno
By f
Deputy
State of California ) CALIFORNIA ALL-PURPOSE
Countyof 6n+f4_' 65ta ) CERTIFICATE OF ACKNOWLEDGMENT
'I
On AVePl beg' j if 1' 3 before me, I�hDVI i• p��f�5�� , /�ptq,�f. �u��fc.
p; (here insert name and title of the officer) r
personally appeared 40-! Cir by l or ry-ev�j
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. tiF1oNDA E.BOERSMA p
i o COMM. #1948003 Z
Notary Public•California k
WITNESS my h(rid and official seal. = Contra Costa County ° f
MY Camm.Expires Sm.5,2015
r
Signature
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document Additional Inforrnation
The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification
titled/for the purpose of S'+afeW%eV)t Of (DLW'han f'5 Proved to me on the basis of satisfactory evidence.
L0 form(s)of identification 0 credible witness(es)
AFFe 4.pL (am d Lkt)elJoig end!
Notarial event is detailed in notary journal on:
containing pages, and dated Page q Entry k
1
The signer(s) capacity or authority is/are as: Notary contact:
❑ Individual(s) Other ;
❑ Attorney-in-fact r Additional Signer(s) ❑ Signer(s)Thumbprin(s) g
Corporate Officer(s) C-ea
Tide(9 0
E
❑ Guardian/Conservator
❑ Partner-Limited/General
❑ Trustee(s)
❑ Other.
representing:
Name(s)of Person(s)or Enuty(ies)Signer is Representing
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Copyrighr 2007 Notary Rotary,Inc.925 29th St,Des Moines,IA 50312-3612 Form ACK03. 10/07. To re-orcer,call toll-free 1-877-349-6588 or visit us of,the Internet at htrp-//www.nota(yrotary.com
SUBORDINA"rION
TI a undersigned as holccr of the beneficial interest ii arid under that certain Deed of Trust
recorded on J yh-re- U-� , �L 0 t�- in the office of the Fresno Gour ty
Recorder as Document No. d O I o1- 00 $Da 3 3 of which the Deed of Trust in, by and
between: 1rwe5` i' eoj 5f(a• e Q 4e 5 �A`EF,h",c Coy y k-hove as Trustor,
as as Trustee,
and BaoV, e� Amerieti, VA . 0 n'hon- banks Z q-w)ctIrA'D►•) , as Beneficiary,
-:e.�-eby expressly subordinates said Deed of Trust and its beneficial interest thereto,to the foregoing
Staterrei f of Covenants Affecting Land Development to Create '. utu.:. Eascmcnts and RecipmCal
Uses for Parcel Map No_ 2009-01.
DATED: _ �
B E1=ICIARY
►nk C' �I l
B
Name
Title:�f
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By ---
Name.
Ale
(Beneficiary to orintltype dccurnent
irfurmafi .rr, Nwrie Title:and attach Notal y
Ackno Nledgment)
M.
- State of California )
CALIFORNIA ALL-PURPOSE
County of Crc� f�� s f� ) CERTIFICATE OF ACKNOWLEDGMENT
On lVooem bw before me, F'11'Di'1 r � 00+4v
(here insert name and title of the officer)
personally appeared r6a' ct k ja_me�- Cra.lo Cold
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.
3
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
i
RNONDA E.BOERSMi
WITNESS my hand and official seal. o COMM. #1948003 Z
a Notary Public-California p
� Z Contra Costa County
0
Cantu• 2015+
Signature
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification
titled/for the purpose of `jG��}y���r1 tl. { f► ' Proved to me on the basis of satisfactory evidence:
^— –
Lo form(s)of identification O credible witness(es)
Notarial event is detailed in notary journal on�
containing pages, and dated Page 9 Entry
The signer(s) capacity or authority is/are as: Notary contact:
❑ Individual(s) Other
❑ Attorney-in-Fact
y� p• ❑ Additional Signers) L] Signer(s)Thumbprint(s)
Corporate Officer(s) V L
Title(s) ❑
❑ Guardian/Conservator
❑ Partner-Limited/General
❑ Trustee(s)
❑ Other:
I representing:
'I Name(s)of Person(s)or Ennty(ies)Signer is Representing s
f -
0 Copyright 2007 Notary Rotary,InC.925 29th St.,Des Moines,IA SC312-3612 Form ACK03. 10/07 To re-order,call toll-free 1-877-349-6568 or visit us on the Internet at thttp://www.notaryrotary.com