HomeMy WebLinkAboutPM 1998-13 - Agreement/Covenant - 8/11/2006 02/25/1999,19990029589
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P.W. File No. 5494-98-13 Development Department
City of Fresno
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR CROSS-ACCESS, SURFACE DRAINAGE AND CROSS PARCEL UTILITY
ACCESS AND MAINTENANCE FOR PARCEL MAP NO. 98-13
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WHEREAS, BEAL PROPERTIES, INC., a California Corporation, hereinafter referred
to as "the 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 and by this reference made a part of this Statement of Covenant - Parcel A and
B of Parcel Map No. 98-13 according to the map thereof recorded in Book of Parcel
Maps at Page and Fresno County Records.
WHEREAS, the 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
WHEREAS, all such instruments of Subordination, if any, are attached hereto and made
a part of this instrument; and
WHEREAS,the undersigned has or intends to construct on said Subject Property,buildings
and driveways in such a manner that vehicles using parts of the Subject Property will be compelled
to use portions of the other Parcels for ingress and egress; and
Statement of Covenants
Parcel Map No. 98-13
Page 2
WHEREAS, the surface drainage from the on-site improvements for the Subject Property
will drain across portions of each Parcel to satisfy the requirements of the Fresno Municipal Code;
and
WHEREAS, the City of Fresno requires that there be provided and maintained in
connection with each said Parcel, adequate parking, driving areas and drainage systems sufficient
to satisfy the requirement of the Fresno Municipal Code; and
WHEREAS, the City of Fresno requires that there be provided and maintained in
connection with each said Parcel, the sanitary sewer service connection for Parcel A is to be
extended across and or shared with Parcel B to satisfy the requirements of the Fresno Municipal
6AL Code; and
NOW THEREFORE, as required by said Fresno Municipal Code, and the City of Fresno,
and in consideration of the foregoing, and the issuance by the City of the necessary special and/or
building permits and certificates in connection with said use, and for favorable action on, and
approval of, the Covenantor's application for approval of a final map of Parcel Map No. 98-13 for
the Subject Property as referred to hereinabove, the 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 will run with the Subject Property and shall be binding on each
successive owner of the Subject Property and his heirs, administrators, successors, and assigns.
Statement of Covenants
Parcel Map No. 98-13
Page 3
COVENANTS, CONDITIONS. AND RESTRICTIONS
1. The Subject Property shall be developed and occupied subject to providing adequate
parking, vehicular access, drainage systems and utility conduits and connection
services(including both water and sewer)as provided in the Fresno Municipal Code
as determined and approved in writing by the Director of the Development
Department of the City.
2. Each of Parcels A and B shall be used only in such a manner as to enable cross-
access/ingress-egress, shared parking and drainage, cross-lot utility access and
maintenance, between the two parcels as approved under a site plan by the City and
regardless of whether Parcel A and B are owned by the same or different persons.
3. Covenantor shall use the Subject Property in such a manner that will not limit or
impair adequate drainage, parking and vehicular access, and utility conduit systems
from extending across the mutual boundary lines of the individual Parcels of the
Subject Property as the same is approved by the City under a site plan.
4. At such time Covenantor sells or transfers any Parcel over which parking or
vehicular access or drainage or utility conduit system is required for use by any of
the remainder of the Subject Property, the Covenantor shall reserve and except from
the deed to the purchaser of the Parcel sold or transferred, an easement of ingress,
egress, parking, drainage and utility conduit system usage over and across said
Parcel for the benefit of the remaining portion of the Subject Property to meet the
requirements of the Fresno Municipal Code as they then exist. At such time
e
Statement of Covenants
Parcel Map No. 98-13
Page 4
Covenantor sells or transfers any Parcel entitled to use any remainder of the Subject
Property for parking or vehicular access or drainage or utility conduit system, the
Covenantor shall concurrently reserve for the benefit of the purchaser of the Parcel
sold or transferred an easement for ingress and egress, parking, drainage and utility
conduit system usage over, under, through and across the remaining portion of the
Subject Property for the benefit of the lot/parcel sold or transferred to meet the
requirements of the Fresno Municipal Code as they then exist. Should Parcels A and
B be in separate ownership, cost of maintenance and repair of any shared facility or
portion of facility shall be the responsibility of the property owner on whose parcel
the facility is situate,unless otherwise agreed between the property owners of Parcel
A and B by written agreement of a designated under a grant of easement.
5. The failure to comply with the covenant may result in the revocation of the
Certificate of Occupancy by the City for use of any said Parcels involved, as well
as actions to enforce said Covenant in law or in equity by the City of any subsequent
owner of said individual Parcel or Parcels.
6. The conditions of this Statement are intended to benefit the public and public
properties. The City of Fresno shall have the right to enforce this Statement 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.
7. The foregoing conditions shall remain in full force and effect until such time as the
Statement of Covenants
Parcel Map No. 98-13
Page 5
City of Fresno, pursuant to the district amendment procedure of the Fresno
Municipal Code, finds the enforcement of such condition is no longer equitable.
8. 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.
DATED: ,2 — —cn
CITY OF FRESNO,
a Municipal Corpor 'on
COVENANTOR
By BEAL PROPERTIES, INC, a Calif nia
Alvin P. Solis, Director Corporation
Development Department
APPROVED AS TO FORM: By:
rge eal,15reside
HILDA CANT ONTOY
City Attor
By
Deputy
(Attach Notary Acknowledgment)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
On �,— L, 1999, before me, '-TGCCE i_V W F G u F ra 1:= personally
appeared Alvin P. Solis personally known to me (or provided to me on the basis of satisfactory
evidence) to be the persons(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(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 seal.
CITY CLERK
REBECCA E. KLISCH
By VAA-e- r-IL'LkP'�0
DEP Y
BJW:bjw (01/13/1999)
Final Parcel Map No 98-13 Covenant.wpd
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On before me,OATF
personally appeared 621 ,
personally known to me - OR - Elproved to me on the basis of satisfactory
evidence) to be the person whose name(s) is/, NOTARY STAMP OR SEAL
subscribed to the within instrument and
acknowledged to me that he/E$604 executed
the same in his/t� authorized capacity
and that by his/X7014 his/X7014it signature on the
instrument the persong,, or the entity upon behalf 111ANNALO CHDO
commllft f lm's
of which the person(, acted, executed the �ri�—�,b
instrument. Wt*CWMftIlNAW&=
WITNESS my hand and official seal.
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OF NOTARY
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The data bele not required by law, though It may prove valuable to persons relying on the document and prevent fraudulent
rsattachrtnnt of this
CAPACITY CLAI BY SIGNER DESCRIPTIONOF ACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ TRUSTEE(S) NUMB F PAGES
❑ ATTORNEY-IN-FACT
❑ GUARDIAN/CONSERV R
❑ OTHER
DATE OF DOCUMENT
PERSON GNING IS REPRESENTING:
W1AiE of e)oR sm"a" -
SIGNER(S) OTHER THAN NAMED ABOVE
Parcel Map No. 98-13
P.W. File No. 5494-98-13
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on January 24, 1996, in the office of the Fresno County Recorder as Document No.
96015896 of which the Deed of Trust in by and between Beal Properties, Inc., a California
Corporation, as Trustor and Wells Fargo and Company formerly known as First Interstate Bank
of California, a California Corporation, as trustee, and Wells Fargo and Company formerly
known as First Interstate Bank of California, a California Corporation, as Beneficiary, hereby
expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Statement of Covenants Affecting Land Development for Cross-Access, Surface Drainage and
Cross Parcel Utility Access and Maintenance for Parcel Map No. 98-13.
DATED: 19
Wells Fargo and Company formerly known as First
Interstate Bank of California, a California
Corporation, as Beneficiary
By: ��-7=-2
By:
(Attach Notary Acknowledgement)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On February 1, 1999 before me, Vicki Lee Davis
personally appeared James, F. Lynes
xn personally known to me - OR - ❑ proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are NOTARY STAMP OR SEAL
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
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instrument the person(s), or the entity upon behalf Comftulon#12=11
of which the person(s) acted, executed theFlamC�
instrument. WC,mrnn.6spiwNov21,202
WITNESS my hand and official seal.
Com: Oct
SMATLORE OF NOTARY
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The data below Is not required by law, though it may prove valuable to persons relying on the document and could prevent fraudulent
reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ TRUSTEE(S)
El ATTORNEY-IN-FACT NUMBER OF PAGES
❑ GUARDIAN/CONSERVATOR
❑ OTHER
DATE OF DOCUMENT
PERSON SIGNING IS REPRESENTING:
MVM of :h ort emrrcW.s►
SIGNER(S) OTHER THAN NAMLABOVE