HomeMy WebLinkAboutPM 2010-03 - Agreement/Covenant - 9/8/2011 When Recorded Mail To:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
0910112011 ,201 ti0116023
NO FEE - GOVERNMENT CODE 6103
CITY OF FRESNO
0 Development & Resource Management Department
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STATEMENT OF COVENANTS AFFECTING
LAND DEVELOPMENT TO CREATE MUTUAL
EASEMENTS AND RECIPROCAL USES FOR
PARCEL MAP NO. 2010-03
Statement of Covenants Affecting Land Development
Parcel Map No. 2010-03
Page 2
WHEREAS,JOHN R. LAWSON,An Unmarried Man and NEAL PARTNERS, LP,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' and more particularly described as follows:
Parcels A and B of Parcel Map No. 2010-03 according to the map thereof
recorded in Book of Parcel Maps at
Page(s) R5- t qFresno 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 Application No. S-00-123 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 ("City') is unable to find that Parcel Map No. 2010-03 is in
substantial compliance with the Conditions of Approval for Vesting Tentative Parcel Map
No. 2010-03 dated September 17, 2010("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. 2010-03
Page 3
COVENANTS, CONDITIONS AND RESTRICTIONS
In consideration of the approval and recording of said Parcel Map by the City, 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/her/its 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 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. All utilities (including but not limited to gas, electricity, water, fire suppression
systems, sanitary sewer, tele-communications, etc.);
d. Access to all buildings and areas for emergency services;
e. 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 for each of the
purposes identified in paragraph 1, above.
3. Any buildings or structures constructed on any parcel of the Subject Property must
Statement of Covenants Affecting Land Development
Parcel Map No. 2010-03
Page 4
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 supplyfor 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. As between the City of Fresno and Covenantor, 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.
8. At such time Covenantor or subsequent owner(s) sells or transfers any parcel of the
Subject Property, the owner shall disclose this Statement of Covenant to the buyer and reserve and
except from the deed for the parcel(s), the terms of this Statement of Covenant.
9. The conditions of this Statement of Covenant are intended to benefit the public and
public properties as well as properties appurtenant. Failure to comply with the terms of this Statement
of Covenant 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 shall have the right to
enforce this Statement of Covenant by any legal or equitable means.
Statement of Covenants Affecting Land Development
Parcel Map No. 2010-03
Page 5
10. Each of the covenants, conditions, and restrictions contained in this Statement of
Covenant shall run with the Subject Property and shall be binding on each successive owner of the
Subject Property, his/her/its heirs, representatives, successors, and assigns.
11. If either party is required to commence any proceeding or legal action to enforce or
interpret any term or condition of this Statement of Covenant, the prevailing party in such proceeding
or action shall be entitled to recover from the other party its reasonable attorney's fees and legal
expenses. For the purposes of this Statement of Covenant, "attorneys' fees" and "legal expenses"
include,without limitation, paralegals'fees and expenses, attorneys, consultants fees and expenses,
expert witness fees and expenses, and all other expenses incurred by the prevailing party's attorneys
in the course of the representation of the prevailing party in anticipation of and/or during the course of
litigation,whether or not otherwise recoverable as"attorneys'fees"or as"costs"under California law,
and the same may be sought and awarded in accordance with California procedure as pertaining to
an award of contractual attorneys' fees.
12. The waiver by either party of a breach by the other of any provision of this Statement of
Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of either the
same or a different provision of this Statement of Covenant. No provisions of this Statement of
Covenant may be waived unless in writing and signed by all parties to this Covenant. Waiver of any
one provision herein shall not be deemed to be a waiver of any other provision herein.
13. The conditions and obligations of this Statement of Covenant shall remain in Full force
and effect until such time as the Development& Resource Management Director of the City issues a
written release of such conditions and obligations and records such release with the Fresno County
Recorder.
14. The provisions of this Statement of Covenant shall be deemed independent and
severable and the invalidity or partial invalidity or unenforceability of any one provision or portion
Statement of Covenants Affecting Land Development
Parcel Map No. 2010-03
Page 6
thereof shall not affect the validity or enforceability of any other provision hereof. Whenever the
context of the Statement of Covenant so requires, in interpreting this Statement of Covenant, 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.2010-03
Page 7
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
JOHN R. LAWSON,
Development & Resource Management An Unmarried Man
Department
MAKK S7c:o i T, /rlTER/M 01REC7ai
Y:
ohn ZR. Lawsd-h-
APPROVED
AS TO FORM: NEAL PARTNERS, LP,
A California Limited Partnership
JAMES C. SANCHEZ
City Attorney
By: By:
S , n n Chaffin S ci ed Neal-Grew I, blamer
De t ity Attorney ,nnev��aeY
Date:
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(Attach Notary Acknowledgments)
ACKNOWLEDGMENT
State of California
County of )
On � /"""` �i �/ before me, rl� �,i
(insert name and title of the office
personally appeared
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. �a OARLA LUNSFORQ
V COMM. #1742828 u)
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NOTARY RKIC-GALIFORMA n
0 Merced County
Comm.Expires Apr 30,2011
Signatu (Seal)
CALIFORNIA ALL-PURPOSE
E CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of �5
On W41 before me, P_ �5 f Lit l (Gz 1" n ���� I. C
_ 1 (Here insert name and ti le of the officer)
personally appeared 4'� R .U_�5 U✓1
who proved to me on the basis of satisfactory eviden e to be the person(s) whose name`s islare subscribed to
the within instrument and acknowledged to me tha> e/she/they executed the same in(tis/her/their authorized
capacity(ies), and that by tither/their signatures) 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.
JESSICA CALLA HAN
WITNESS my hand and official seal. commission # 1871590
Notary Public-California
IlaFresno County
` Comm.E ties Dec 15,2013
S ignalf Notary Public (Notary Sea
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CLERK'S CERTIFICATION
State of California)
County of Fresno )
On July 08, 2011, before me, Stacey Woo, Deputy City Clerk, personally appeared
Mark Scott, Interim Director, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to be 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.
I certify under PENALTY OR 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
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