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HomeMy WebLinkAboutPM 2009-06 - Agreement/Covenant - 1/12/2011 (2) When Recorded Mail To: City Clerk City of Fresno 01�12l2011,2011000443 2600 Fresno Street Fresno, CA 93721-3603 NO FEE-GOVERNMENT CODE 6103 CITY OF FRESNO ODevelopment and Resource Managemen4t Department W Z O U W w Q W J CL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR PARCEL MAP NO. 2009-06 Statement of Covenants Affecting Land Development Parcel Map No.2009-06 Page 2 WHEREAS, FRESNO COUNTY EMPLOYEES' RETIREMENT ASSOCIATION, a Political Subdivision of the State of California, 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 and B of Parcel Map No. 2009-06 according to the map thereof recorded in Book 70 of Parcel Maps at Page(s) &? f—(A , 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 Site Plan No. S-03-162 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. 2009-06 is in substantial compliance with the Conditions of Approval for Vesting Tentative Parcel Map No. 2009-06 dated July 22, 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.2009-06 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 of the Subject Property as approved by the City of Fresno in the Special Permit, regardless 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, fire suppression services referenced in Exhibit A, 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 Statement of Covenants Affecting Land Development Parcel Map No.2009-06 Page 4 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. 3. Covenantor represents and warrants it is the sole owner of all parcels located in the Subject Property. Covenantor shall create mutual easements to enable reciprocal cross access between and among each parcel of the Subject Property, as a burden and a benefit, to satisfy the need for cross access for each of the purposes identified in paragraph 1, above. Such mutual easements shall be created effective upon sale, lease, assignment, transfer, or any other method of disposing of any ownership interest or estate in the Subject property, by a series of transactions or otherwise, such that there would no longer be a single person or entity who has a one-hundred percent(100%)ownership interest in all parcels located in the Subject Property. For the purposes of this Covenant, a one-hundred percent (100%) ownership interest in all parcels does not include ownership interests subject to leaseholds or other estates. 4. Any buildings or structures constructed on any parcel of the Subject Property must comply with the prevailing California Building Code at such time buildings are constructed. 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 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 Statement of Covenants Affecting Land Development Parcel Map No.2009-06 Page 5 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. 9. 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. Upon transfer of a fee ownership interest in a parcel to the buyer, the selling owner shall be released from the conditions and obligations of this Statement as to that parcel. 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 Permit by the City for use of that Parcel which fails to comply with this Statement. 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 Development and Resource Management 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 Statement of Covenants Affecting Land Development Parcel Map No.2009-06 Page 6 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. 2009-06 Page 7 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation FRESNO COUNTY EMPLOYEES' Development and Resource Management RETIREMENT ASSOCIATION, Department a Political Subdivision of the State of John M. Dugan, AICP, Director California /*1 Aal By: Eulalio Gomez, Chairmen FCERA Board of Retirement )4t- By: APPROVED AS TO FORM: Ja es E. Hackett, Vice-Chairman FCERA Board of Retirement JAMES C. SANCHEZ City Attorney By: Sh i Chaffin De :y City Attorney r� Date: 22 he (Attach Notary Acknowledgments) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rrr ��cFrcrmcc crcr � revOil is 4 State of California County of On �ra �t�Q before me, Date Here Insert Name and Title of the Officer personally appeared (`2 Name(s) ner(s) who proved to me on the basis of satisfactory evidence to be the persol whose nameare subscribed to t within instrument and acknowledged me thatlhOshe/they executed the same in /her/their authorized capacity(ies), and that by f *MY KIM M. JANTZ h' /her/their signature(,a� on the instrument the COMM. #1?43360 � persons, or the entity upon behalf of which the NOTARY PUBLIC-CALIFORNIA FRESNf COUNTY person(s�-acted, executed the instrument. Comm.Expires June i,2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. l WITNESS my hand and official seal. 4 � � Signature: Place Notary Seal and/or Stamp Above Signature of Notary Pub)(c 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 I Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: ' Capacity(ies) Claimed by Signers) s. Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual ❑ Individual ❑ Partner—❑Limited ❑General Top of thumb here ❑ Partner—!❑ Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑i Other: ❑Other: Signer Is Representing: Signer Is Representing: 1 i ©2008 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT a ) State of California County of On VD8'I/0 before me, /'I - Z�4"J7277 1 Date Here insert Name and Tie of the Officer personally appeared _ : /ca Name(s)of Signer(d) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(isVare subscribed to the within instrument and acknowledged M me that ('o/she/they executed the same in hid/her/their authorized capacity(e , and that by hid/her/their signature( on the instrument the KIM M. JANTZ persons), or the entity upon behalf of which the COMM. #1743360 person(s) acted, executed the instrument. m` r NOTARY PUBLIC-CALIFORNIA • FRESNO COUNTY My Comm.Expires June 1,2011 I certify under PENALTY OF PERJURY under the vv laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ' Signature: Place Notary Seal and/or Stamp Above OPTIONAL Signature of Notary Public I 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 Docu entS Title or Type of Docum�jent: ( . Document Date: r ,3g ,d Number of Pages: /fid 4 Signer(s) Other Than Named Above: (G P/L&yLl0 Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: G Corporate Officer—Title(s): ❑Corporate Officer—Title(s): C Individual ❑ Individual ❑ Partner—.._j Limited ❑General Top of thumb here ❑Partner—7 Limited ❑General Top of thumb here C Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02008 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNolary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CITY'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) On 'DeCeMba 22 , 2-W, before me, Sherrte, L. BAAef-sGher- Deputy City Clerk personally appeared, 3*A VA- DU6QAJ 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 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 Parcel Map No. 2009-06 EXHIBIT "A" Fire Suppression Exhibit ill " STREET EXISTING WATER BOX EXISTING INDUSTRIAL EXISTING WATER BOX FIRE HYDRANT WITH METAL LID (2) 21/2" WATER MAINS EXISTING — _ - - _- - s fi11 I LINE HATCH AREA INDICATES EASEMENT GRANTED TO THE GREYHOUND CORPORATION, RECORDED JANUARY 28, 1959, AS DOCUMENT No. 6756, IN BOOK 4169, PAGE 215 OF OFFICIAL RECORDS �S OF FRESNO COUNTY EXISTING BACKFLOW PREVENTORS _ I EXISTING POST I i1 INDICATOR VALVE Ili EXISTING FIRE HYDRANT I EXISTING 4" WATER MAIN I tl L- 'j II EXISTING 2" WATER MAIN SCALE: �" = 40' AND 4" FIRE MAIN i I Ia I e 40 20 0 40 / I EXISTING BUILDING SCALE IN FEET �/ e I II+ I �e NI II _ II SOLID HATCH AREA INDICATES 35' WIDE �' II EASEMENT FOR SEWER AND WATER PURPOSES PA CEL A II ------------------ I ------------ ----- I �� 1 <� 1S�TI�2 ATE A[� AN M N sI S � PROPERTY LINE EXISTING WATER IVALVE11 _ EXISTING WATER VALVE _PROPERTY LINE--__ __ I I _ _ _ _`��� E TIN W ER MAIN -----------------±— -- �� FIRAI�o� EXISTING T I — _ — — tl BUILDING O II I ---_---� EXISTING I h� EXISTING PARCELB �� I I BUILDING i j BUILDING p L��_ — — — — — = —]F EXISTING"2" WATER MAIN tl U AND 4" FIRE MAIN I O � — J INTO SUILDI�_ — ----------- - - - - - - - - - r - - - - - - - —a� — I I I � I I PLOT VIEW: PLOT EXHIBIT 01 AUTOCAD ID: 05070MAP.DWG