HomeMy WebLinkAboutPM 2012-04 - Agreement/Covenant - 4/24/2014 When Recorded Mail To:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
04/14/1014,20140046123
NO FEE - GOVERNMENT CODE 6103
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STATEMENT OF COVENANTS AFFECTING
LAND DEVELOPMENT TO CREATE MUTUAL
EASEMENTS AND RECIPROCAL USES FOR
PARCEL MAP NO. 2012-04
Statement of Covenants Affecting Land Development
Parcel Map No. 2012-04
Page 2
WHEREAS, VAN NESS INVESTMENT COMPANY,A General Partnership and OLIVE SSA
PARTNERS LLC, 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 D, inclusive, of Parcel Map No. 2012-04 according to
the map thereof recorded in Book 9 a of Parcel Maps at
Page(s) Fresno County Records; and
Parcel A, of Parcel Map No. 2009-10 according to the map thereof
recorded in Book 70 of Parcel Maps at Pages 29 and 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 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. 2012-04 is in
substantial compliance with the Conditions of Approval for Vesting Tentative Parcel Map
Statement of Covenants Affecting Land Development
Parcel Map No. 2012-04
Page 3
No. 2012-04 dated December 20, 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.
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;
Statement of Covenants Affecting Land Development
Parcel Map No. 2012-04
Page 4
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 for each of the
purposes identified in paragraph 1, above.
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
be the responsibility of the Covenantor.
8. At such time Covenantor or subsequent owner(s) sells or transfers any parcel of the
Statement of Covenants Affecting Land Development
Parcel Map No. 2012-04
Page 5
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
same or a different provision of this Statement of Covenant. No provisions of this Stal:ement of
Covenant may be waived unless in writing and signed by all parties to this Covenant. Waiver of any
Statement of Covenants Affecting Land Development
Parcel Map No. 2012-04
Page 6
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.
15. This covenant shall apply to all of the lots within the Subject Property regardless of any
adjustments to any lot lines or subdivisions within the boundary of the Subject Property.
Statement of Covenants Affecting Land Development
Parcel Map No. 2012-04
Page 7
DATED: �Ql�cl�9f�.0
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
VAN NESS INVESTMENT COMPANY,
Development & Resource Management a General Partnership
Department
By: The Richard L. Bakman and Virginia A.
Jennifer Clark, Director Bakman Family Trust Agreement UTD October
2, 1990, General Partner
By: By:
VirgirQ A. Bakmary,
as Surviving Trustee
APPROVED AS TO FORM: By: The Patrick Thomas Bakman Living Trust
Agre ent UTD October 19, 1989, General
DOUGLAS T. S OA Panner
City Attorney
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By:
Nchard Tim -man,
By. as Trustee?,
alit Kolluri,-Barbick
Deputy CityAttorney
B y.
Reich rd T. Balkman,
Date: General Partn
OLIVE SSA PARTNERS, LLC,
a Calif nia Limited Li-bilit Company
By:
Name:
TitlAftfimin t-A V64"
(Attach Notary Acknowledgments)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF � )
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On L 1, before me, � �rl
DATE INSERT NAME,TITLE OF OFFICER—E G.,"JA E,NOTARY P LI
personally appeared, V� ro� k (-\,k o'
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
isA subscribed to the within instrument and acknowledged to me that he/sheexecuted
the same in his/her/�uthorized capacity(ies), and that by his/her/ ea 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.
ELIZABETH YANG K
0 COMM.#2002250
0 NOTARY PUBLIC-CALIFORNIA LJ
FRESNO COUNTY 0
(SEAL) COMM.EXPIRES DEC.27,2016
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CAjLjE0RN`IA )
COUNTY OF
44 l� ,
On a��1 1 before me, Ei akb" C�
DATE INSERT NAME,TITLE OF OFFICER .G..,'J N 1 DOE,NOTAR"UJLIC
personally appeared, .. {
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
(Fare subscribed to the within instrument and acknowledged to me thatshe/they executed
the same in Mer/their authorized capacity(ies), and that by(LJher/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 nd and official seal.
`�s•E ELIZABETH YANG 7
0 COMM.#2002250
�• NOTARY PUBLIC-CALIFORNIAG
FRESNO COUNTY 0
(SEAL) , n COMM.EXPIRES DEC.27,2016
AR Y i F4 ,JATURE
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF )
On r� _ �'�l .before me, �A NM
DATE INSERT NAME,TITLE OF OFFICERJ E.G.. JAKE DOE,NO-TAR UBLIC
personally appeared, RlAvA
who proved to me on the basis of satisfactory evidence to be the person(s)-whose name(s)
/3ke subscrihed to the within instrument and acknowledged to me tha(hZl5he/they executed
the same in bsiRer/their authorized capacity(ies), and that by'!' Dher/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 a4 official seal. ELIZABETH YANG 3
U �..;•.
COMM.#2002250
.� NOTARY PUBLIC- AG)
FRESNO COUNTY 0
COMM.EXPIRES DEC.27,2016
-(SEAL)
ARYPU NATURE
OPTIONAL INFORMATION
THIS OPTIONAL INFORMATION SECTIONI' OT REQUIRED BY LA W BUT MAYBE 1l'EFl[' LTO PERSONS RELYING ON THIS NOTARIZED DOCUMENT.
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CLERK'S CERTIFICATION
State of California )
County of Fresno )
On February 10, 2014 before me, Sherrie L. Badertscher, Deputy City Clerk, personally
appeared, Jennifer Clark, 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
By
Deputy
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on December 17, 2012 , in the office of the Fresno County
Recorder as Document No. 2012-0181071-00 of which the Deed of Trust in, by and
between: Van Ness Investment Company, a General Partnership as Trustor,
Chicago Title Company as
Trustee, and Valley Business Bank 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. 2012-04.
DATED: August 21, 2013
BENEFICIARY
By:
Name: Bill Kitchen
Title: EVP/Chief Credit Officer
By:
Name:
Title:
(Beneficiary to print/type document
information, Name, Title and attach Notary
Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
State of California )
County of I io-C.
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subscribed to the within instrument and acknowledged
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h'IICHELLE N1i LAUGHLIN his/hFr/ti/'eir authorized capacity(es), and that by
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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.
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Signature: ll t GJ .r r z ` �'
Place Notary Seal Above [ Signature of Notary Public
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Description of Attached Documentn
Title or Type of Document: 9._b0,-t,6 a-k' �- f4 `
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Document Date: �_ l / Number of Pages:
4 Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer—Title(s): Cl Corporate Officer—Title(s):
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%* CI Partner—❑Limited ❑General Top of thumb here ❑ Partner—❑Limited ❑ General Top of thumb here
❑ Attorney in Fact ❑Attorney in Fact
❑ Trustee EI Trustee
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
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