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Home My WebLink AboutPM 1999-05 - Agreement/Covenant - 8/11/2006 CONFORMED COPY 12/28/2001,20010194587 a3,>•az,<zz3�?=�z£{�s{3 'z ,.,.: zzt�z3�i�#3�s.; �..�., z'. �� 11�".+. O��rh.,�{s��G� a�:. . :,,.... ssl<1..,.,;{#, ..?.:xt{:33�Viz: APN 403-050-23 CITY of FRESNO Parcel Map No. 99-05 Development Department Building & Safety Services Division STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT CROSS ACCESS AND MUTUAL MULTI-USE EASEMENTS RECITALS WHEREAS, Cornerstone Enterprises, 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 through J,inclusive, of Parcel Map No. 99-05 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 4 Statement of Covenants Affecting Land Development Parcel Map No. 99-05 Page 2 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 walls/fences and other requirements in accordance with the approved Tentative Map for Parcel Map 99-05("Tentative Map"),and any amendments thereto,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 99-05 is in substantial compliance with the approved Tentative Map for Parcel Map 99-05 ("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. 99-05, 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, Q Statement of Covenants Affecting Land Development Parcel Map No. 99-05 Page 3 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 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. Statement of Covenants Affecting Land Development Parcel Map No. 99-05 Page 4 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 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. Statement of Covenants Affecting Land Development Parcel Map No. 99-05 Page 5 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. 99-05 Page 6 DATED: i Z -2 6 i CITY OF FRESNO, a Municipal Corporation AA By AJ A P. Yovino, Director evelopment Department COVENANTOR Cornerstone Enterprises, Inc. A California Corporation APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorn B Robert L. Wood, President By y Deputy (Attach Notary Acknowledgments for Covenantor) STATE OF CALIFORNIA ) ) SS. COUNTY OF FRESNO ) On Z (�U ,before me, the undersigned personally appeared Robert L. Wood, 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(s) the person(s), or entity(ies)of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. �yf*�yfly! MARY— J AAS COMM.#1205887 w H NOTARY PUBLIC•CALIFORNIACq FRESNO COUNTY N `+ung`` M�Comm.Exp.Dse.24,2002 Mary Jo Sala ,-bbtary Official Seal .., MARY JO SALAS COMM.#1205887 as NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY N +�� ` My Comm.Exp.Dee.24,2002 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on February 2,2000 as Document/Instrument No. 2000-0012823 in the office of the Fresno County Recorder of which the Deed of Trust in, by and between TRUSTOR: Cornerstone Enterprises, Inc., A California Corporation and TRUSTEE: Imperial Bancorp, a California Corporation and BENEFICIARY: Imperial Bank, A California Corporation, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development(Parcel Map No. 99-05). DATED: /1kv.Wbr r- 97, 2000 BENEFICIARY Imperial Bank, A California Corporation By. — D.R. Reinhardt, Senior Vice President By: 9t�--A toCantane e, Senior Vice President (Beneficiary to Attach Notary Acknowledgments) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1, - - i State of California ��r✓5�� ss. 1 Countyof � i OnAA y. 710DD, before me, MA/2L� �•1i(�" PIW_hA/ 4 AVIII Date /1 Name and Title of Officer(e.g.,`J DoI5,No ary Public,") personally appeared (��L l� Name(s)of Signer(s) C4'personally known to me i ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that 1>6/sV/they executed the same in hilt/h,60their authorized MARLA J. W. PUGH capacity(ies), and that by hl g/hRr their Cornaftion#1242886 signature(s) on the instrument the person(s), or Notary Public-Caof Tft the entity upon behalf of which the person(s) Fresno County acted, executed the instrument. iQhVC0rM.b#85NN2ZXI031 WITNESS my hand and official eal. i &a,u2qt44 - l Place Notary Seal Above Signape of Notary Public °I OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. i Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: i Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual I, Top of thumb here j ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I ❑ Other: , Signer Is Representing: 0 1997 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On December 26 , 2001, before me, Elvia Sonexvil le personally appeared Nick P. Yovino, Planning & Development Director 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. REBECCA E. KLISCH CITY CLERK 0 By DEPUTY