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Home My WebLink AboutPM 2009-10 - Agreement/Covenant - 12/10/2009 When Recorded Mail To: 2 � City Clerk 0 City of Fresno Z 2600 Fresno Street Q Fresno, CA 93721-3603 V cn 1211012009,20090161097 d -j NO FEE- GOVERNMENT CODE 6103 CITY OF FRESNO Planning and Development Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR PARCEL MAP NO. 2009-10 Statement of Covenants Affecting Land Development Parcel Map No. 2009-10 Page 2 WHEREAS, VAN NESS INVESTMENT COMPANY, a California General 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: Parcel A and Outlot A inclusive, of Parcel Map No. 2009-10 according to the map thereof recorded in Book 70 of Parcel Maps at Page(s) o?q f 30 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 Review No. S-09-057 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. 2009-10 is in substantial compliance with the Conditions of Approval for Tentative Parcel Map No. 2009- 10 dated October 12, 2009 ("Tentative Map") until the Covenantor provides assurances that such improvements and buildings will be constructed and maintained in compliance with the conditions Statement of Covenants Affecting Land Development Parcel Map No.2009-10 Page 2 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, 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. Drainage for storm water and storm water facilities; C. Access to all buildings and areas for emergency services; d. 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. Statement of Covenants Affecting Land Development Parcel Map No.2009-10 Page 2 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 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 Statement of Covenants Affecting Land Development Parcel Map No. 2009-10 Page 2 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, 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.2009-10 Page 2 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation Planning and Development Department VAN NESS INVESTMENT COMPANY, John M. Dugan, AICP, Director a California General Partnership, By: The Richard L. Bakman and Virginia A. Bakman Family Trust Agreement UTD October 2, 1990, General Partner By: i er D. Bish Assistant Director By: Virgi ' A. Bakman, a urviving Trustee By: The Patrick Thomas Bakman Living Trust APPROVED AS TO FORM: Agreement UTD October 19, 1989, Gene I Partner JAMES C. SANCHEZ City Attorney By: ichard Tim y akman, as Trustee By: � , (, Deputy City Attorney By: Date: O T. Bak eneral Partner � / 7 S" Z� °l is . (Attach Notary Acknowledgments) CLERK'S CERTIFICATION State of California ) County of Fresno ) On December 3, 2009, before me, Jennifer Morelos, Deputy City Clerk, City of Fresno, personally appeared, Jerry D. Bishop, Assistant Director, 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) acted, executed the instrument. l 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 4y �F F.9FS �� y0 � t By —Ij n i Deputy X90 yti, '°� co oct wl:C4MErvY,.2xcrlOcx.•'Y'.t+..,n'nE Wv.nlM:.t^w. 5 V 3 R State of California ) CALIFORNIA ALL-PURPOSE F g County of "'res no ) CERTIFICATE OF ACKNOWLEDGMENT m On 0\k UV- ��i �� before me, r (here insertn and title of the fficer) R personally appeared , 's R 'r R Y who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/awsubscribed to the within instrument and acknowledged to me that`i%-,/she/t1wX executed the same in /her/ it authorized capacity(ies), and that by'�<her/hte<signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. Y I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ELIZABETH YANG o COMM. #1827964 z WITNESS my hand and offici ea 1. Notary Public•California o x Z Fresno County M Comm,Expires Dec.23,2012' 3 Signature (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this x acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. � R Description of Attached Document Additional Information x The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification R > titled/for the purpose ok-IA tt<Z }\ IJ�A Ubtn � Proved me on the basis satisfactory evidence: LQ form(s) ms)of identification Q credible witness(es) Notarial event is detailed in notary journal on: � containing r�pages,and dated Page# Entry# The signer(s)capacity or authority is/are as: Notary contact: ❑ Individual(s) Other n 3 ❑ Attorney in Fact R ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s) _ ❑ Corporate Officer(s) Title(s) ❑ R a ❑ Guardian/Conservator Ei�rtner-Limited/General R ❑ Trustee(s) ❑ Other: representing: Y Name(s)of Person(s)or Entity(ies)Signer is Representing A lnm903lxOxvXlxTv90lUnOxMJVW3�03vOv+JVW3w9o)lmOrwXW)w901M4MlxOvinin003va0xxJVW3w:U)l JvlxM90iwMVJVIxM 3NlMvmxllvIOibnoxvXlx3wholW-0xiJvix)WWIYeOxvJrwMX13VnWVJvtu3w903MlOxvnlw3w003ulonrlvW3w'M3lx.Oxvnlx3wOlWOxanix)w9�ll.woiuly' 0 Copyright 2007 Notary Rotary,Inc.925 29th St.,Des Moines,IA S0312-3612 Form ACK03. 10107 To re-order,call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.com I �KxxamFDGnYxfx:KxJnErtixrEx,c..xbvtE6.uFnt.CxnmrtrA..N.xrKEn.1,v,eD.MExf+2w1w,ED'.uEa,vC..tt..t...Yin[xrq:.vnn•+-urx,nc.n...•,x..entnCumvtEr:....,KxwtE[GFFx1.,n'.xoxtf tinr[,Krwr.FE.:.a�:n,.x.OxlxLi 1, 1 .�_.. Z; State of California ) CALIFORNIA ALL-PURPOSE County ofCERTIFICATE OF ACKNOWLEDGMENT R w 1 On 1� before me, N6RM { (here in rt na4 Ind liitle of the offic r) s _ r f personally appeared 1 � � 8 & F r � R 3 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ism subscribed to i the within instrument and acknowledged to me that he/stte/tk.Gy executed the same in his/h%71$t�r >3 authorized capacity(ies), and that by his/hwZtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ELIZABETH YANG COMM. #1827964 z WITNESS my hand and official seal. a Notary Public California o Kz Fresno County x M Comm.Ex fires Dec.23,2012 t Signature g (Seal) R OPTIONAL INFORMATION Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this R acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document Additional Information The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification {JV1n I, ,/1 Y�L. l i\�I� r A�1 t�1 1 Proved to me on the basis of satisfactory evidence: titled/for the purpose o Tt I VLA L �J�1W� Vi Y a 6\✓ Lo forms)of identification 0 credible witness(es) Notarial event is detailed in notaryjournal on: containing pages,and dated Page# Entry# The signer(s) capacity or authority is/are as: Notary contact: Y ❑ Individual(s) Other ❑ Attorney-in-Fact ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) ❑ Corporate Officer(s) Title(s) ❑ As S ❑ Guardian/Conservator -spartner-Limited/General R ❑ Trustee(s) ❑ Other: a representing: Name(s)of Person(s)or Entity(ies)Signer is Representing iii A wD]Ivnbxx>vtNlveTll„wxvvfxlwvOlveOxv)vtxlwYJTwOxrJ,txirl9ltlWAwvJvrxlw?lSNxwwJvix1n901WUxaJ,ix)n9al,ME�,U.3wJ0aunwT.'u.3nAl,/naavwlfmnlwRwwnfx,n'hilw/avw>.u+3w9ofuxorr'.,nrxlwaatxan>vuxlwNa,Warn]v1x3E.xT.voxvnWlh9af,/MnMJ.lxfw�p3wCxvv' 0 Copyright 2007 Notary Rotary,Inc.925 29th St.,Des Moines,IA 50312-3612 Form ACK03, 10/07 To re-order,call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.com x x State of Califo is ) CALIFORNIA ALL-PURPOSE Countyof ) CERTIFICATE OF ACKNOWLEDGMENT R On �;1 ��Q 1� ' I f F V� before me, C (here inserL me and title of tg officer) personally appeared QickarcL l CSC D "p 3 � 4 � R z who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/m*-Wbscribed to R the within instrument and acknowledged to me that he/s-kc/, e executed the same in his/l lr ei x authorized capacity(ies), and that by his/tregtbzz signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. R I I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ELIZABETH Y - COMM. #1827964 z WITNESS m hand and official seal. °�OMX Notary Public California o y ZFresno County Comm.Expires Dec.23,2012 Signature 2 (Seal) g OPTIONAL INFORMATION g Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this x V acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. 8 Description of Attached Document Additional Information The preceding Certificate oAcknowledgment is attached to a document Method of Signer Identification titled/for the purpose Of Proved to me on the basis of satisfactory evidence: c L0 form(s)of identification 0 credible witness(es) R kCued 22LYI Notarial event is detailed in notary journal on: containing pages,and dated Page# Entry# i The signer(s)capacity or authority is/are as: Notary contact: ❑ Individual(s) Other ❑ Attorney-in-Fact s � ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) � ❑ Corporate Officer(s) Title(s) ❑ 8 ❑ Guardian/Conservator � R Partner-Limited/General ❑ Trustee(s) a ❑ Other: Y ` P representing: # Name(s)of Persons)or Entity(ies)Signer is Representing Ylx)W)a)ivlOugvlx3w903wAxr)vixNi9v3w.pxr)rlxlwJm)MWvlYW1Ma)Ywrs+)vlx)lw.p)vnOxr)vW3wY.TIwAxx)vlxi.MO)WOrrlYly)W90)NlWxlvlttMa))lxOmlvlx) Oxx)vlx)w)0))muxxlvlxlnx)+mG:x)vlx3wM)`nMxvlrlW)vYJ1T3lrnOxxnlN)w9U)ImOxx)rtx3w9p3)mOvrnix)vrvJx)wAxxwlxrvw))xgxrx� 0 Copyright 2007 Notary Rotary,Inc.925 29th St.,Des Moines,IA 50312-3612 Form ACK03. 10/07 To re-order,call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.corn