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Home My WebLink AboutPM 1998-03 - Agreement/Covenant - 8/10/2006 When Recorded Mail To: City Clerk City of Fresno 02/0612001,2001004605 2600 Fresno Street Fresno, CA 93721-3603 NO FEE- GOVERNMENT CODE 6103 Project ID: PM 98-03 City of Fresno S-98-48 Development Department APN 303-200-16, 17 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT (PARCEL MAP NO. 98-03) WHEREAS, FOX RUN PROFESSIONAL CENTER, 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 f, inclusive, of ParcelMa,p No. 98-03 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 areas, driveways, driveway approaches, landscaping, landscape irrigation, water for domestic and fire protection purposes, sanitary sewer disposal, gas, electric, tele- communication services, refuse container enclosures, emergency accesses, required Statement of Covenants Affecting Land Development Parcel Map No. 98-03 Page 2 walls/fences and other requirements in accordance with the approved Special Permit application designated as Site Plan Review No. 98-48 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 98-03 is in substantial compliance with the approved Tentative Map for Parcel Map 98-03 ("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. WHEREFORE, COVENANTOR HEREBY COVENANTS AS FOLLOWS: 1. In consideration of the approval and recordation of Parcel Map No. 98-03, 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. 2. Each Parcel of the Subject Property shall be developed and used in such a manner as to enable cross access between and among the Parcels for the following purposes: pedestrian and vehicular ingress and egress; shared parking areas; cross drainage of storm water; cross Statement of Covenants Affecting Land Development Parcel Map No. 98-03 Page 3 access for utilities (Including but not limited to gas, electricity, water, fire suppression systems, sewer, tele-communications, etc.); emergency services access; landscaping; walls/fences; refuse enclosures; provided the entire scope of the cross access is 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. 3. 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. 4. Any buildings or structures constructed on any parcel of the Subject property must comply with the prevailing California Building Code. 5. 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. 6. 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. However,nothing herein shall limit the City's ability to hold each and any owner of any of the parcels joint and severably liable for maintenance and repair of improvements which are shared or used, directly or indirectly, by more than one parcel 7. 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. Statement of Covenants Affecting Land Development Parcel Map No. 98-03 Page 4 8. 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 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. 9. 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. 10. The conditions and obligations of this Statement shall remain in full force and effect until such time as the 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. 11. 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. 98-03 Page 5 DATED: Y301c> I , �A CITY OF FRESNO, COVENANTOR a Municipal Corporation Fox Run Professional Center, LLC. a California Limited Liability Company By By: Asset Real Estate & Investment 'ck . Yovino, Director Company, a California Corporation, as velopment Department Manager By:, j9- Ja I sVS. Koenig, President APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorne By Deputy, (Attach Notary Acknowledgments for Covenantor) City of Fresno Mailing Address: Asset Marketing, Inc. Development Department Fox Run Professional Center LLC., Planning Division Mailing Address: 2600 Fresno Street Fresno, CA 93721-3604 2400 Washington Ave, Ste. 301 Redding, CA 96001 ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of 11a On )'Cp -,kY D before me, 6 -'_t (DATE) (NOTARY) personally appeared ;7C 11_Ve<5 GNER(S) personally known to me - OR- ❑ 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), KATHIE WILLOUGHBY < or the entity upon behalf of which the •"� NOTARY PUm.BIC?COALIFOR IA N person(s)(s) acted, executed the instrument. Shasta County My Comm. Expires Jan.3,1003 WITNESS my hand and official seal. '�JLL u'L4 'u__ NOTARY'S SIGNAT E OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL \ C ATE OFFICER �'7t Prf�p,�� Cac \ TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) MB L.._I ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: -- -- OTHER RIGHT THUMBPRINT SIGNER IS REPRESENTING: NAME UP 1'IiRtil)N(S)OR ENTITY(IFS) OF E SIGNER12 V - - — —- - APA 12/98 VALLEY-SIERRA, 800-362-3369 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On 2001,before me,Cecilia Lopez,Deputy,personally appeared,Nick P. ovino,Development Department Director, known tome(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)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(s) the person(s), or the entity upon behalf of the City of Fresno of which the person(s) acted, executed the instrument. WITNESS my hand and official City Seal. REBECCA E. KLISCH City Clerk BY: .Q. d'&A,�-� Deputy