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HomeMy WebLinkAboutPM 1999-09 - Agreement/Covenant - 8/11/2006 y►Rp /C�,yiIZ.V 7~ GiT j CITY OF FRESNO DEVELOPMENT DEPARTMENT 12/22/1999,19990181970 2600 FRESNO STREET FRESNO CA 93121-3604 PLF_A.SL CO3rgF0F1? -----------------------------------ABOVE SPACE FOR RECORDER'S USE--------------------------------- Parcel Map No. 99-09 (A and D) Development Department APN: 427-071-03 City of Fresno COVENANT TO HOLD PROPERTIES AS ONE PARCEL WHEREAS, the undersigned, DEMCO Inc., a California Corporation, hereby represent and warrant that it is the record owner of the following described real property ("Subject Property") situated in the City of Fresno, County of Fresno, State of California: Parcels A and D, inclusive, of Parcel Map No. 99-09 as recorded in Book of Parcel Map at Page / , 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 unto this instrument; and, WHEREAS, all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and, WHEREAS, Articles 1-4.5 of Chapter 12 of the Fresno Municipal Code prescribe property development standards per each zone district for parcels or lots of real property; and, WHEREAS, the proposed building (1145 East Shaw Avenue) to be built across the common parcel line between said parcels A and D does not comply with the California Building Standards Code y Covenant To Hold Properties As One Parcel Parcel Map No. 99-09 (A and D) APN: 427-071-03 Page 2 for separate buildings; and, WHEREAS, the Covenantor desires to develop the subject property without the requirements indicated above and request that the City of Fresno issue all necessary permits to allow such development; and, NOW, THEREFORE, as required by said Municipal Code, and the City of Fresno, and in consideration of the foregoing, and the issuance by said City of the necessary special and/or building permits and certificates in connection with said use, the Covenantor hereby covenants, as follows: 1. To hold the Subject Property as one parcel, division thereof not to be sold or transferred into separate ownership unless all property and building development standards are met and any necessary parcel map or subdivision map approvals are obtained. When such conditions are approved by the City of Fresno, the City shall cause the appropriate officer of the City to release the Subject Property from this covenant. 2. The failure to abide by the terms of this covenant may result in the revocation of the Certificate of Occupancy for the use of any portion of the Subject Property affected, in addition to other penalties and remedies available to City. 3. Whenever the context hereof requires, the neuter shall include the masculine or feminine, or both, and the singular shall include the plural. It is the intention hereof that this shall constitute a covenant running with the land owned by the Covenantor,jointly and severally binding upon the undersigned and each of its heirs, representatives, successors and assigns: Covenant To Hold Properties As One Parcel Parcel Map No. 99-09 (A and D) APN: 427-071-03 Page 3 4. The Covenant shall be released and of no further effect upon a written determination by the Director of the Development Department of the City of Fresno that its continued existence and enforcement are no longer necessary. DATED: l� , 1999 Accepted By: CITY OF FRESNO, COVENANTOR a Municipal Corporation DEMCO Inc., a Califois Corporation -L/)- T By. ewBy: Alvin P. Solis, Director Corine Demetreos Development Department APPROVED AS TO FORM: HILDA C MONTOY City Att ey By: Deputy ATTEST: REBECCA E. KLISH Cill,Clerk o a By: Deputy (Attach Notary Acknowledgment) i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CA If-py4ji A County of ��I�© On �4 before me, &K,DATE NAME,TITLE OF OFFICER-EA.,-JANE DOE.NO A Y PUBLIC- personally appeared NAME(S)OF SIGNER(S) ❑ personally known to me - OR ed to me on the basis of satisfactory evidence to be the person* whose namel;� is/I& subscribed to the within instrument and ac- knowledged to mehat ft&she/tt)Qj executed the same in 1 /her/tp'r utho ized capacity i ), and that by hN/her/ ir BRENDA SMITH signature on the instrument the person COMM. #1193426 or the entity upon behalf of which the NOTARYPUBLIC-CALIFORNIA personw acted, executed the instrument. My COrnm.REx Nles Sept. 1 p D ,2002 WIT ESS my h n d off a eal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, 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 IVIDUAL RPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ap_r__� ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY�IES)) 31KX_- SIGNER( OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Covenant To Hold Properties As One Parcel Parcel Map No. 99-09 (A and D) APN: 427-071-03 Page 4 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) O 6 6 On� , 1999, before me, ��personally appeared V & _vO _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 6 By Deputy KAForms\FPM99-09 11\18\99 Covenant To Hold Properties As One Parcel Parcel Map No. 99-09 (A and D) APN: 427-071-03 Page 6 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 26, 1997, in the office of the Fresno County Recorder as Document No. 97083148 of which the Deed of Trust in, by and between Demco Inc., a California Corporation, as Trustor, Mid Valley Services, Inc., a California Corporation, as Trustee, and Mid Valley Services, Inc., a California Corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Final Parcel Map No. 99-09. DATED: A)D d a Q- , 1999 BENEFICIARY: Mid Valley Services, Inc., a California Corporation By-. (Attach Notary Acknowledgment) K:\Forms\FPM99-09 11\18\99 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On Tit/before me, Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public') personally appeared A r r V C- , Name(s)of Signer(s) IAersonally 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), it e_5 •,; DEIBERT QUINTANA or the entity upon behalf of which the person(s) acted, ' COMM.#1110662 executed the instrument. NOTARY PusuC-cauFORM 0 Fresno County n 111 " ICOM.E)ires "ep.9,M -A WITNESS my hand and official seal. Signature of Notary Public 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. Description of Attached Document Title or Type of Document: ocumentDate: Nu r of Pages: Signer Other Than Named Above: Capacity(ie Claimed by Signer(s) Signer's Name: igner's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ Trustee _ ❑ Guardian or Conserva ElG ian or Conservator ElOther: Top of thumb here El Other: Top of thumb here Signer f epresenting: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 Covenant To Hold Properties As One Parcel Parcel Map No. 99-09 (A and D) APN: 427-071-03 Page 7 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on October 14, 1997, in the office of the Fresno County Recorder as Document No. 97141561 of which the Deed of Trust in, by and between Demco Inc., a California Corporation, as Trustor, First American Title Company, a California Corporation, as Trustee, and Mid Valley Services, Inc. a California Corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Final Parcel Map No. 99-09. DATED: 410 Q 9a, , 1999 BENEFICIARY: Mid Valley Services, Inc-a California C poration By: (Attach Notary Acknowledgment) K:\Forms\FPM99-09 11\18\99 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ------------ -- ------- - - ----- State of V, County of r�2NO a On ��a �•?. I [ /before me, � Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public") personally appeared A r`0% Oe Names)of Signer(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 DELBERT QUINTANA his/her/their signature(s)on the instrument the person(s), COMM ELBE 11 QUINTAN or the entity upon behalf of which the person(s) acted, NOTARY PUBUc•CAUFORM 6) executed the instrument. Ca11m!`;=es myP.9,2000 n WITNESS my hand and official seal. Signature of Notary 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. Description of Attached Document Title or Type of Document: ment Date: Number of Pages: Signer(s) O Than Named Above: Capacity(ies) Cla ed by Signer(s) Signer's Name: Signer's e: ❑ Individual ndividual ❑ Corporate Officer Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑General ❑ P r—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorne act ❑ Trustee ❑ Trustee _ ❑ Guardian or Conservator - ❑ Guardian or Limited r ❑ Other: Top of thumb here ❑ Other: Top of thumb Here Signer Is Rep senting: Signer Is Representing: .�,Z 0 1994 Natkx*Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 81308-7184 Prod.No.5907 Reorder.Call TolWree 1-800.878.8827 Covenant To Hold Properties As One Parcel Parcel Map No. 99-09 (A and D) APN: 427-071-03 Page 8 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on January 8, 1998, in the office of the Fresno County Recorder as Document No. 98072186 of which the Deed of Trust in, by and between Demco Inc., a California Corporation, as Trustor, First American Title Company, a California Corporation, as Trustee, and Alliance Commercial, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing FinalParcel Map No. 99-09. DATED: 11-2 3 ' 1999 BENEFICIARY: Alliance Commercial By. (Attach Notary Acknowledgment) KAForms\FPM99-09 11\18\99 Covenant To Hold Properties As One Parcel Parcel Map No. 99-09 (A and D) APN: 427-071-03 Page 10 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on August 5, 1999, in the office of the Fresno County Recorder as Document No. 1999- 0118014 of which the Deed of Trust in, by and between Demco Inc., a California Corporation, as Trustor, First American Title Company, a California Corporation, as Trustee, and Mid Valley Services Inc., a California Corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Final Parcel Map No. 99-09. DATED: Ata J aQ4 _, 1999 BENEFICIARY: t Mid Valley Services Inc., a Californi orporation By: (Attach Notary Acknowledgment) K:WormsWPM99-09 11\18\99 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Gf County of On �1 a J �.�, � j I /before me, "�_� D��l U l (� AA�'� Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared C, f"0,n� Names)of Signer(s) Aersonally 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), DELBERT QUINTANA or the entity upon behalf of which the person(s) acted, SComm.#1110662 executed the instrument.1L& NOTARY PUBUC•CALIFORMA Fresno County n .r,F FM 'IYy Cortin.Expires °ep.9,2000 WITNESS my hand and official seal. Signature of Notary Public 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. Description of Attached Document Title or Type of Document: Document Date: Number of es: Signer(s) O r Than Named Above: Capacity(ies) C ed by Signer(s) Signer's Name: S' er's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General artner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ A ey-in-Fact ❑ Trustee ❑ Trustee _ ❑ Guardian or Conservator ❑ Guardian or servator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is resenting: Signer Is Representing: 0 1994 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Toll-Free 1-800.878.8827 Covenant To Hold Properties As One Parcel Parcel Map No. 99-09 (A and D) APN: 427-071-03 Page 5 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 26, 1998, in the office of the Fresno County Recorder as Document No. 98072184 of which the Deed of Trust in, by and between Demco Inc., a California Corporation, as Trustor, First American Title Insurance Company, a California Corporation, as Trustee, and Mid Valley Services, Inc., a California Corporation, and Don Akins and Jerolene Akins, Husband and Wife, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Final Parcel Map No. 99-09. DATED: I a. , 1999 BENEFICIARIES: Mid Valley Services, Inc., a California Corporation By: Don Akins and Jerolene Akins, Husband and Wife Don Akins By: Qte=A�� Jerolene Akins (Attach Notary Acknowledgment) K:\Forms\FPM99-09 11\18\99 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Rep- State of 0"4 County of On 1`1 b J �•�,r� before me, �_j�� D�`� tel% U 1[Z t SAM Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared iq r r•./ pr Name(s)of Signer(s) Aersonally 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), y " DELBERI QUINTANA or the entity upon behalf of which the person(s) acted, Comm. #1110662 executed the instrument. c NOTARY PU9GC-CAUFORK4 I) " Fresno County n COMM.Expires °ep.s.Zoon WITNESS my hand and official seal. Signature o Public 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pa Signer s er Than Named Above: Capacity(ies) Cla d by Signer(s) Signer's Name: Si is Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ P er—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorne -Fact ❑ Trustee _ ❑ Trustee ❑ Guardian or Conservato ❑ Guardian or Cons for ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is presenting: Signer Is Representing: 0 1994 National Notary Asecidation•8230 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Tdl-Free 1-800-876-M7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of Pir en On A10%; C2:2. before me, Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared c �in r,) /`�1�/1�1S /�NS;���o,.�p� A k," , Name(s)of Signer(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 DELBERI QUINTANA 3 his/her/their signature(s)on the instrument the person(s), • t Comm•a 1110662 or the entity upon behalf of which the person(s) acted, (� �+ H RY PusuC-CAUFORNA Fresno County 0 executed the instrument. Wjr Calm.Wres Sep.9,2M "+ WITNESS my hand and official seal. Signature o Public 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. De iption of Attached Document Title or Typ f Document: Document Date: Number of Pages: Signer(s) Other Than Na ed Above: Capacity(les) Claimed b igner(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ Gen I Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ rney-in-Fact ❑ Trustee ❑ Trus _ ❑ Guardian or Cons ator - . ❑ Guardia r Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is epresenting: Signer Is Representing: 0 1994 National Notary Association•8236 Rommel Ave.,P.O.Box 7184•Canape Park,CA 91309-7184 Prod.No.5907 Reorder.Call Tog-Free 1400-676-827 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ON NOVEMBER 23 , 1999 before me, the undersigned, a Notary Public in and for said State, personally appeared GARY MATHIAS AND WILLIAM SCOTT, 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) , or the entity upon behalf of which the person (s) ed, executed the instrument . WITNESS my nd a official seal . Notary Public d for said County and State ROSA M.CHARLEaUTLER ~ COMM.#1226745 NOTARY PUBLIC•CALIFORNIA FRESNO COUNTY My Comm.Expires June 28,2003