HomeMy WebLinkAboutPM 2012-02 - Agreement/Covenant - 8/7/2012 When Recorded Mail To:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE - GOVERNMENT CODE 6103 08/03/2012,20120108437
cc CITY OF FRESNO
LLDevelopment & Resource Management Department
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STATEMENT OF COVENANTS AFFECTING
LAND DEVELOPMENT TO CREATE MUTUAL
EASEMENTS AND RECIPROCAL USES FOR
PARCEL MAP NO. 2012-02
Statement of Covenants Affecting Land Development
Parcel Map No. 2012-02
Page 2
WHEREAS, WOHL/FRESNO LLC,a California Limited Liability Company, 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 through C, inclusive, of Parcel Map No. 2012-02 according to
the map thereof recorded in Book of Parcel Maps at
Page(s) - - : 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 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. 2012-02 is in
substantial compliance with the Conditions of Approval for Vesting Tentative Parcel Map
No. 2012-02 dated April 19, 2012 ("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. 2012-02
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. 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. 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
Statement of Covenants Affecting Land Development
Parcel Map No. 2012-02
Page 4
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.
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. 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
Statement of Covenants Affecting Land Development
Parcel Map No. 2012-02
Page 5
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.
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
Statement of Covenants Affecting Land Development
Parcel Map No. 2012-02
Page 6
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
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. 2012-02
Page 7
DATED: , U 2- 2-
CITY
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
WOHL/FRESNO LLC,
Development & Resource Management a California Limited Liability Company
Department
By: WohlNalencia 4- LL C:,
A California Limited Liability Company
Managing Member
By: _ By:
-N48FIE 148A Interim Director K. ager
By:
Peter J. Desforge ana r
APPROVED AS TO FORM:
JAMESC. SAN `Z
City Attorney
By:
Talia `olluri-Barbick
Deputy City Attorney
Date:
(Attach Notary Acknowledgments)
ACKNOWLEDGMENT
State of California Imo, p
County of Y t V )
Aulle, 201L before me, obl.c
(insert name and title of the officer) '
personally appeared C P0
who proved to me on the basis o s tisfa tory evi ence o be the.person(s) whose name ) /are
subscribed to the within instrument and acknowledged to me that �e/,,;6(e/they executeed He same in
Wof/their authorized capacity(ies), and that by bts`l et/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. GJENNIFER EHLERT
-2& Commission• 1877898
Notary Public-California.
WITNESS my hand and official seal. Orange co"
Comm.Ex res Jan 23,2014
Signature _ (Seal)
(VIV
Statement of Covenants Affecting Land Development
Parcel Map No.2012-02
Page 7
\epartm
ESNO, COVENANTOR
Corporation
WOHUFRESNO LLC,
t & Resource Ma agement a California Limited Liability Company
By: Wohl/Valenciar~l.C,
A California Limited Liability Company
Managing Member
By: _ By: L '�
Mark Scott, I er' Director K. Gre gager
J
By:
Peter J. Desforge ana r
APPROVED TO F RM.
JAMES C. S NCHEZ
City Attorn
By:
Talia Kolluri-Barbick
Deputy City Attorney
ate:
(Attach Notary Acknowledgments)
1
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CLERK'S CERTIFICATION
State of California )
County of Fresno )
On July 27, 2012 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared,
Bruce Rudd, Acting Interim Director, Development & Resource Management 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
YVONNE SPENCE, CMC
City Clerk, City of Fresno
AF
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�V/ k iyzkt&6�lhu-�' ,
By�_ Deputy f�r�o oss.is
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on July 31, 2007 , in the office of the Fresno County
Recorder as Document No. 2007-145458 of which the Deed of Trust in, by and
between: Wohl/Fresno LLC as Trustor,
Fidelity National Title Company as Trustee,
and Allstate Life Insurance Company , 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. 2012-02.
DATED:
BENEFICIARY
By: &qttt"
Name: S(/1,�t1r1G1 e-
Title: I-ed Sty
By: QO i A
Name: 'r to Ot /yI c IC-ewNQ--
Title:
(Beneficiary to print/type document
information, Name, Title and attach Notary
Acknowledgment)
STATE OF ILLINOIS )
SS:
COUNTY OF COOK )
I, the undersigned,a Notary Public in and for said County, in the state aforesaid,DO HEREBY
CERTIFY that Suzanne M. Weiss and E. Pau[McKernan , as Authorized Signatories of Allstate Life
Insurance Company,an Illinois insurance company,personally known to me to be the same persons who
executed the within instrument, appeared before me on June 26, 2012, in person,and acknowledged that
they executed the within instrument as their free and voluntary act, for the uses and purposes therein set
forth.
WITNESS my hand and official seal.
OFFICIAL SEAL No ry Public C\S1
S TERESA A.SPIEDEL
f Notary Public-State of Illinois
a V Commission ExolresJul 2A,901a