Loading...
HomeMy WebLinkAboutPM 2010-05 - Agreement/Covenant - 11/23/2011 When Recorded Mail To: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 1112312011,20110157556 NO FEE - GOVERNMENT CODE 6103 CITY Or FRESNO a Public Utilities Department Z Q P.W. File No. 5494-2010-05 V LU Cr) a w J IL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR COMMON SEWER HOUSE BRANCH FOR PARCEL MAP NO. 2010-05 Statement of Covenants Common Sewer House Branch Parcel Map No. 2010-05 Page 2 WHEREAS, DAVID J. MENDOZA AND ELAYNE MENDOZA, Husband and Wife, As Community Property, 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 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, the Conditions of Approval for Vesting Tentative Parcel Map No. 2010-05 dated January 6, 2011 by the City of Fresno ("City") Development and Resource Management Department, hereinafter referred to as `Conditions' and incorporated into this Statement of Covenant by this reference, requires a separate sewer house branch to be provided for each proposed parcel; and WHEREAS, the Covenantor elected to construct a private sanitary sewer system including one common sewer house branch to connect the Subject Property to the City Sewer System; and WHEREAS, the provisions of Section 6-304(a)(3)(6) of the Fresno Municipal Code requires affected property owners to execute a covenant when a common sewer house branch serves more than one parcel; and WHEREAS, the Covenantor has filed with the City, Parcel Map No. 2010-05 for approval and recording. 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 Statement of Covenants Common Sewer House Branch Parcel Map No. 2010-05 Page 3 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. The development of the Subject Property shall be subject to providing and maintaining the private sanitary sewer system and one common sewer house branch to connect the Subject Property to the City Sewer System and payment of all applicable Sewer Connection Charges and Sewer Facilities Charges. 2. The conditions of this Statement of Covenant are intended to benefit the public and public properties. Accordingly, the City shall have the right to enforce this Statement of Covenant by any legal or equitable means against the Covenantor and such person or persons in actual possession of Subject Property who directly or who through any agent violate the terms hereof. All obligations of the Covenantor under this Statement of Covenant shall inure solely to the benefit of the City. There are no third party beneficiaries of such obligations nor shall the right of the City be transferable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. 3. 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. 4. 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 Statement of Covenants Common Sewer House Branch Parcel Map No. 2010-05 Page 4 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. 5. 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. 6. The foregoing conditions shall remain in full force and effect until such time as the Public Utilities Department Director issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 7. 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 thereof shall not affect the validity or enforceability of any other provision hereof. Whenever the context so requires, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. Statement of Covenants Common Sewer House Branch Parcel Map No. 2010-05 Page 5 DATED: �GVrr�►�E� /P, ZL CITY OF FRESNO, COVENANTOR a Municipal Corporation DAVID J. MENDOZA AND ELAYNE Public Utilities Department MENDOZA, Patrick Wiemiller, Director Husband and Wife, As Community Property By: /�/. By: Robert N. Andersen, Assistant Director David J. en oza By: .I-e — ff–layne J. ndoza APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney (Attach Notary Acknowledgments) A By: haffin eput it ttorney r0/Z� , Date: CLERK'S CERTIFICATION State of California) County of Fresno ) On November 10, 2011, before me, Cindy Bruer, Deputy City Clerk, personally appeared Robert N. Andersen, Assistant Director of the Department of Public Utilities of the City of Fresno 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 By CAI" D puty State of California County of Fresno On August 8 2011 before me, Lauren Michele Aguilar, Notary Public, personally appeared _U5,6j- (vVnfJ DZ A ley J7- wVnc 0?_c-i 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. LAUREN MICHELE AGUILAR COMM. #1787301 -' NOTARY PUBLIC-CALIFORNIA AFRcSNir COUNTY /ywv 0my Comm.Expires Jan,26,2012 Notary Name Lauren Michele Aguilar Notary Phone (559) 431-3535 Commission #: 1787301 County: Fresno Commission Expires: Jan. 26, 2012 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 Title or Type Of Docijmen t. Statement of Covenants Affecting Land Development for Common Sewer House Branch(Parcel Map No.2010-05) SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on February 17, 2009, in the office of -the Fresno County Recorder as Document No. 2009-0022418 of which the Deed of Trust in, by and between: David J. Mendoza and Elayne J. Mendoza as Trustor, PRLAP, Inc., as Trustee, and Bank of America, N.A., a National Banking Association, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR COMMON SEWER HOUSE BRANCH FOR PARCEL MAP NO. 2010-05. DATED: q 13 0, t BENEFICIARY Bank of America, N.A., a National Banking Association By: Philip S. Cary, Assistant Vice President (attach Notary Acknowledgment) VICKIE M MaCULLAR Notary Public * STATE OF TEXAS My COMM,Fxp,$7-30-1 Q At k N t � By: l Title: Philip S. Cary Assistant Vice President State of Texas County of Collin On September 30, 2011 before me, Vickie M McCullar Notary Public, personally appeared Philip S Cary who Proved on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PER EY, under the laws of the state of Texas that the following paragraph is true and correct Notary Public: Vjrrh'4 G� Expiration date Witness my hand and office Seal r VICKIE M MCCULLAH Notary Public * `,TATE OF TEXAS N9y 8emm.Exp.07-30-14 Notary Name Vickie McCullar Notary Phone (214) 209-4684 Commission# 12834265-8 County: Collin Commission Expires: July, 30, 2014 EXHIBIT A (sheet 1 of 2) Parcel A of Parcel Map No. 2010-05 according to the map thereof recorded in Book 71 of Parcel Maps at Pages `rj �{— �p Fresno County Records. EXHIBIT A (sheet 2 of 2) Parcel C of Lot Line Adjustment 2006-16, recorded as Document No. 2006-0142341 (shown as 2006-0142340 on Grant Deed), of Official Records of Fresno County, and more particularly described as follows: The West 520.47 feet of the following described parcels of land: Parcel 1 The North half of the South half of the Southwest quarter of the Northwest quarter of Section 26, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, in the County of Fresno, State of California, according to the Official Plat thereof. EXCEPTING THEREFROM the South 134.00 feet thereof. ALSO EXCEPTING THEREFROM the North 1.00 foot of the South 135.00 feet of the West 215.00 feet thereof. ALSO EXCEPTING THEREFROM the North 65.00 feet of the West 180.00 feet thereof. ALSO EXCEPTING THEREFROM the South 90.00 feet of the North 155.00 feet of the West 240.00 feet thereof. Parcel 2 The South 134.00 feet of the North half of the South half of the Southwest quarter of the Northwest quarter of Section 26, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, in the County of Fresno, State of California, according to the Official Plat thereof. EXCEPTING THEREFROM the North 19.00 feet of -the West 215.00 feet thereof. ALSO EXCEPTING THEREFROM the South 115.00 feet thereof. EXCEPTING THEREFROM, said Parcel C, the Easterly 128.00 feet thereof. Said property is also shown as the Remainder of Parcel Map No. 2010-05, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book !Z at Pages 5--t-to of Parcel Maps, Fresno County Records.