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HomeMy WebLinkAboutPM 1998-07 - Agreement/Covenant - 8/10/2006 When#ecordcd Mail To: 1 1 City Clerk CITY of FRESNO 2600 Fresno Street Fresno, CA 93721-3603 02/J4/2009,20000011466 NO FEE - GOVERNMENT CODE 6103 CITY of FRESNO DEVELOPMENT DEPARTMENT Building & Safety Services Division Land Division & Engineering Section PROJECT ID: Parcel Map No. 98-07 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT AND SUBORDINATION FOR (PARCEL MAP NO. 98-07) When Recorded Mail To: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 NO FEE- GOVERNMENT CODE 6103 Project ID: PM 98-07 City of Fresno C-98-50 Development Department APN 312-082-39 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT (PARCEL MAP NO. 98-07) WHEREAS, Beal Properties, Inc., a California Corporation, 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, B and C of Parcel Map No. 98-07 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. 98-07 Page 2 walls/fences and other requirements in accordance with the approved Special Permit application designated as Conditional Use Permit No. 98-50 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 98-07 is in substantial compliance with the approved Tentative Map for Parcel Map 98-07 ("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. 98-07, 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 sha!I 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. 98-07 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. 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. 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 Statement of Covenants Affecting Land Development Parcel Map No. 98-07 Page 4 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. 98-07 Page 5 DATED: '7 , 2000 CITY OF FRESNO, COVENANTOR a Municipal Corporation Beal Properties a Californ' Corporati By Pick Director B D lopment Department eo a Beal, President APPROVED AS TO FORM: HILDA CANT U NTOY City Attorn (Attach Notary Acknowledgments for Covenantor) By T y 7 STATE OF CALIFORNIA ) ss. COUNTY OF Fresno ) On this 19th day of January,in the year 2000,before me,Yu San Gunn a Notary Public in and for said County and State,personally appeared George Beal personally known to me(or proved to me 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 person,or the entity upon behalf of which the person,acted,executed the Instrument. WITNESS y hand and official seal. Signature otary YU SAN GUNN COMM. #1220268 NOTARY PUBLIC-CALIFORNIA FRESH)COUNTY ' �� My Comm.Expires May 28,2003 CITY CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On , 2000, before me, -f0(,ELL AZc- (9UE R r t— personally appeared �,��.( 1' . MX/Vi D t_cer1personally known to me (or provided to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of the CITY OF FRESNO of which the person acted, executed the instrument. WITNESS my hand and official seal. CITY CLERK REBECCA E. KLISCH By aQa LfIV%� C'�-uq E(Q 0 DEP Y Statement of Covenants Affecting Land Development PM 98-07(1-1400) SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on July 17, 1998 as Document/Instrument No. 98099410 in the office of the Fresno County Recorder of which the Deed of Trust in, by and between TRUSTOR: Beal Properties Inc., and TRUSTEE: First American Title Insurance Company and BENEFICIARY: Chevron Products Company, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development (Parcel Map No. 98-07). DATED: 2000 BENEFICIARY Chevron Products Company By: By: (Beneficiary to type in Names & Titles and Attach Notary Acknowledgments) NOTARY ACKNOWLEDGMENT STATE OF TEXAS } COUNTY OF HARRIS } On OP'6 DAY OF 2000,before me,Carmel M.Bernard,a Notary Public in and for said State personally appeared o ,personally known to me(or proved to me on the basis of satisfactory evid nce)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. WITNESS my hand and official seal. s#i"Ytti4 CARMEL M.BERNARD MY COMMISSION EXPIRES �••Y`!:t �K2003 Notary Public Signature ` f„ , '