HomeMy WebLinkAboutPM 2009-07 - Agreement/Covenant - 5/31/2011 (2) When Recorded Mail To: 0512612011,20110070946
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE - GOVERNMENT CODE 6103
CITY OF FRESNO
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. 2009-07
Statement of Covenants Affecting Land Development
Parcel Map No. 2009-07
Page 2
WHEREAS, NMSBPCSLDHB, 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"more particularly described in Exhibit A;
and
WHEREAS, Covenantor herebywarrants 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-06-169 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. 2009-07 is in substantial
compliance with the Conditions of Approval for Vesting Tentative Parcel Map No. 2009-07
dated September 17, 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.
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,
Statement of Covenants Affecting Land Development
Parcel Map No. 2009-07
Page 3
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 bythe 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. 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.
3. Any buildings or structures constructed on any parcel of the Subject Property must
comply with the prevailing California Building Code.
4. Covenantor shall maintain all landscaping within the limits of the Subject Property in full
Statement of Covenants Affecting Land Development
Parcel Map No. 2009-07
Page 4
compliance with all applicable provisions of the Fresno Municipal Code.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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. 2009-07
Page 5
his heirs, representatives, successors, and assigns.
11. 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.
12. 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.
13. 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. 2009-07
Page 6
DATED: �WIY 1-30261/
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
NMSBPCSLDHB,
Planning and Development Department a California Limited Partnership
%By its-,General Partner, Robert M. Granum, II,
As Trustee of the Granum F mily Trust
r , r
� I S
By: By: 1�
NARK S�otT, b►itr��* ����'��' Robert M. Granum, II, GenreraWaftner
Trustee
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By- _
Sharinaffin
Deputy"itytorney
y
Date: o'?��� (Attach Notary Acknowledgments)
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA
--y-�--- ss.
COUNTY OF dAAL
ON �� � aD'`L �--Q!Q BEFORE ME, IOI-[N B. SORCI NOTARY PUBLIC
Date p Name
PERSONALLY APPEARED
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE
TO BE THE PERSON ro)WHOSE NAME,(S) IS/ARE SUBSCRIBED TO
THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT
HE/S,4!EjF� EXECUTED THE SAME IN HIS/HfftcFHEIR
AUTHORIZED CAPACITY (I,F76) AND THAT BY HIS/HF!R4HEIR
JOHN S.SORC:I SIGNATURE (r8) ON THE INSTRUMENT THE PERSON (,,/), OR THE
ConxNasbn#f 1691645 ENTITY UPON BEHALF OF WHICH THE PERSON (3) ACTED,
r NatCry Dubuc--CcNforNa
EXECUTED THE INSTRUMENT.
Santa Clea County I certify under PENALTY OF PERJURY under the laws of the
My Comm.Evpkeaf Oct 1.201
State of California that the foregoing paragraph is true and
correct.
WITNESS MY HAND AND OFFICIAL SEAL.
Signature of Notary
OPTIONACfNFORMATION
The information below is not required by law, but it may prove to be important to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to some other document.
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF
DOCUMENT: jjM—'—V-'e I
---�_
DOCUMENT DATE: NUMBER OF PAGES ~�
SIGNER(S)OTHER THAN NAMED ABOVE:
CAPACITY (IES) CLAIMED BY SIGNER (S)
SIGNER'S NAME: SIGNER'S NAME:
ANDIVIDUAL _INDIVIDUAL
_CORPORATE OFFICER _CORPORATE OFFICER
TITLE(S): TTTLE(S):
PARTNER _PARTNER
_LIMITED _GENERAL _LIMITED _GENERAL
_ATTORNEY-IN-FACT ATTORNEY-IN-FACT
_TRUSTEE TRUSTEE
GUARDIAN OR CONSERVATOR _GUARDIAN OR CONSERVATOR
OTHER: OTHER:
SIGNER IS REPRESENTING: SIGNER IS REPRESENTING:
RIGHT THUMBPRINT RIGHT THUMBPRINT
OF SIGNER OF SIGNER
A-24 HOUR NOTARY SERVICE-2709 EI Camino Av Sacramento.CA 95821 -Rev 12-01-2007-FOR REORDERS:CALL TOLL-FREE 800-536-7233
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On May 13, 2011 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared,
Mark Scott, Interim Director, Planning & Development 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
REBECCA E. KLISCH, CMC
City Clerk, City of Fresno
By A&UL
Deputy
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on August 8, 2005, as Document No. 2005-0179032, in the office of the Fresno County
Recorder, of which the Deed of Trust in, by and between: NMSBPCSLDHB, A California Limited
Partnership, as Trustor, FIRST AMERICAN TITLE, as Trustee, and INTERVEST-MORTGAGE
INVESTMENT COMPANY, a Washington 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. 2000-07.
DATED: MA7' U, 2010
BENEFICIARY
INTERVEST-Mortgage Investment Company,
a Washington Corporation
By: 4Q-"Y •y-
, President
Lair A. Conlag
By:
5 cretary
Ned M- bun es
(Beneficiary to print/type document info, Name and
Title; and attach Notary Acknowledgment)
State of Oregon )
)ss.
County of Clackamas )
1 certify that I know or have satisfactory evidence that LARRY A. CONLEY is the person
who appeared before me, and said person acknowledged that he was authorized to sign this
instrument as President of Intervest-Mortgage Investment Company,and acknowledged it to be the
free and voluntary act of such entity, for the uses and purposes mentioned in the instrument.
DATED: May(, 2010.
Print Name: BKZwA L L vnJ.C>
Notary Public in and for the State of Oregon
OFFICIAL SEAL Residing at 1,U I L-5 ON u iz.0
BRENDA L LUND My appointment expires: 0 l
NOTARY P{1BLIC_OREGON
` COMMISSION NO.416901
MYCOMMISSION EXPIRES JUNE 13,2011
State of Washington )
)ss.
County of Spokane )
I certify that I know or have satisfactory evidence that NED M. BARNES is the person who
appeared before me, and said person acknowledged that he was authorized to sign this instrument
as Secretary of Intervest-Mortgage Investment Company and acknowledged it to be the free and
voluntary act of such entity, for the uses and purposes mentioned in the instrument.
DATED: May 5, 2010
pM1TCh� Lx.Y? Q • 'L ,��C�
JSP-gion f`x �<< Susan A. Mitchell
CO F ., Notary Public in and for the State of Washington
Z Residing at: Nine Mile Falls
NOSAlYdP
My appointment expires: February 15, 2011
FOFWPS
EXHIBIT A
(sheet 1 of 4)
Parcels A through F, inclusive, of Parcel Map No. 2009-07 according to the map
thereof recorded in Book-of Parcel Maps at Pages f $'7 Fresno
County Records.
EXHIBIT A
(sheet 2 of 4)
Parcel B of Lot Line Adjustment 2006-35, as document number 2007-0081176,of official records of
Fresno County, and more particularly described as follows:
That certain real property situate in Section 32, Township 12 South, Range 20 East, Mount Diablo
Base and Meridian, City of Fresno, County of Fresno, State of California, according to the official
plat thereof, being a portion of the Remainder Parcel of Parcel Map No. 2002-04, recorded in Book
62 of Parcel Maps at Pages 70-71, Fresno County Records, more particularly described as follows:
Commencing at the southwesterly corner of said Remainder; thence North 350 42' 09" East, along
the west line of said Remainder Parcel, a distance of 675.77 feet; thence North 350 46' 27" East, a
distance of 39.18 feet to the TRUE POINT OF BEGINNING; thence North 350 46' 27" East, along
easterly line of Lot 32 of that Tract No. 4637 as recorded in Book 62 of Plats at Pages 39-48, Fresno
County Records, also being the westerly line of said Remainder Parcel,a distance of 135.81 feet to
the northeasterly corner of said Lot 32; thence North 350 40' 07" East, along the easterly line of Lot
33 of said Tract Map, a distance of 126.67 feet;thence South 540 07' 33" East, a distance of 407.01
feet; thence South 390 50' 44" West, a distance of 66.16 feet; thence, South 350 52' 27" West, a
distance of 81.35 feet to the beginning of a tangent curve, concave easterly and having a radius of
130.00 feet, a radial to said point bears North 500 21' 40" West; thence southerly, along the arc of
said tangent curve, through a central angle of 350 42' 06", an arc distance of 81.00 feet; thence
North 860 03' 46" West, a distance of 70.50 feet; thence North 54° 12' 29" West, a distance of
361.31 feet to the TRUE POINT OF BEGINNING.
Containing 2.42 acres or 105,578 square feet more or less
EXHIBIT A
(sheet 3 of 4)
Parcel C of Lot Line Adjustment 2006-35, as document number 2007-0081177,of official records of
Fresno County, and more particularly described as follows:
That certain real property situate in Section 32, Township 12 South, Range 20 East, Mount Diablo
Base and Meridian, City of Fresno, County of Fresno, State of California, according to the official
plat thereof, being a portion of the Remainder Parcel of Parcel Map No. 2002-04, recorded in Book
62 of Parcel Maps at Pages 70-71, Fresno County Records, more particularly described as follows:
BEGINNING at a point on the south right of way of West Alluvial Avenue, said point also being
distant of 295.53 feet from the northeast corner of said Remainder Parcel; thence South 00 50' 17"
West, a distance of 124.48 feet to the beginning of a tangent curve concave westerly and having a
radius of 291.00 feet; thence southerly, along said tangent curve, through a central angle of 180 35'
35", an arc distance of 94.43 feet;thence South 190 25' 52"West, a distance of 124.42 feet;thence
South 200 22' 53" West, a distance of 54.73 feet to the beginning of a tangent curve concave
northwesterly and having a radius of 115.00 feet; thence southwesterly, along the arc of said
tangent curve, through a central angle of 210 05' 33", an arc distance of 42.34 feet; thence South
410 28' 26" West, a distance of 105.69 feet; thence North 540 07' 33" West, a distance of 407.01
feet to a point on the westerly line of said Remainder Parcel; thence North 350 40' 07" East, along
said line, a distance of 48.23 feet to the southeasterly corner of Lot 34 of said Tract Map No. 4637
recorded in Book 62 of Plats at Pages 39-48, Fresno County Records; thence North 350 42' 55"
East along said easterly line of Lot 34,to the most easterly corner of Lot 49 of said Tract No.4637, a
distance of 137.42 feet; thence North 240 59' 55" East, a distance of 38.37 feet; thence North 250
02' 27" East, a distance of 5.65 feet; thence North 35°52' 27" East, a distance of 178.84 feet to the
northwest corner of said Remainder Parcel, also being beginning of a non-tangent curve concave to
the north and having a radius of 547.00 feet, a radial to said point bears South 290 58' 20" West;
thence easterly along the arc of said non-tangent curve, through a central angle of 290 28' 20", an
arc distance of 281.37 feet to the POINT OF BEGINNING.
Containing 3.97 acres or 172,984 square feet more or less
EXHIBIT A
(sheet 4 of 4)
Parcel D of Lot Line Adjustment 2006-35, as document number 2007-0081178,of official records of
Fresno County, and more particularly described as follows:
That certain real property situate in Section 32, Township 12 South, Range 20 East, Mount Diablo
Base and Meridian, City of Fresno, County of Fresno, State of California, according to the official
plat thereof, being a portion of the Remainder Parcel of Parcel Map No. 2002-04, recorded in Book
62 of Parcel Maps at Pages 70-71, Fresno County Records, more particularly described as follows:
BEGINNING at the northeast corner of said Remainder Parcel, said corner lies on the south right of
way of West Alluvial Avenue; thence South 00 30' 00" West, along the east line of said Remainder
Parcel, a distance of 438.05 feet; thence North 890 30' 01" West, a distance of 334.64 feet; thence
North 56° 46' 40"West, a distance of 55.67 feet to a non-tangent curve concave northwesterly and
having a radius of 115.00 feet, a radial to said point bears South 570 37' 01" East;thence northerly,
continuing along said non-tangent curve,through a central angle of 120 00' 06", an arc distance of
24.09 feet; thence North 200 22' 53" East, a distance of 54.73 feet; thence North 190 25'52" East, a
distance of 124.42 feet to the beginning of a tangent curve, concave westerly, and having a radius
of 291.00 feet; thence northerly, along the arc of said tangent curve, through a central angle of 180
35' 35", an arc distance of 94.43 feet; thence North 00 50' 17" East, a distance of 124.48 feet to a
point the north line of said Remainder parcel; thence South 890 30' 00" East, along said north line,a
distance of 295.53 feet to the POINT OF BEGINNING.
Containing 3.24 acres or 141,392 square feet more or less