HomeMy WebLinkAboutPM 1999-18 - Agreement/Covenant - 8/11/2006 W11en Recorded Mail To:
PLFjtSE CONFORM
CITY OF FRESNO
DEVELOPMENT DEPARTMENT
2600 FRESNO STREET
FRESNO CA 93721-3504
02/24/200012000e@200
NO FEE- GOVERNMENT CODE 6103
CITY of FRESNO
DEVELOPMENT DEPARTMENT
Building & Safety Services Division
Land Division & Engineering Section
PROJECT ID: Parcel Map No. 99-18
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT AND SUBORDINATION FOR
(PARCEL MAP NO. 99-18)
PLEASE CONFORM
When Recorded Mail To:
CITY OF FRESNO
DEVHOPMIENT DEPARTMENT
2000 FRESNO STREET
FRESNO CA 93721-3604
NO FEE - GOVERNMENT CODE 6103
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Project ID: PM 99-18 City of Fresno
S-91-121 Development Department
APN 455-221-05
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
(PARCEL MAP NO. 99-18)
WHEREAS, J. W. Curran, as her sole and separate property, by deed which does not
disclose martial status, 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 and B of Parcel Map No. 99-18 according to the cnap 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. 99-18
Page 2
walls/fences and other requirements in accordance with the approved Special Permit application
designated as Site Plan Review No. 91-121 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 99-18 is in substantial
compliance with the approved Tentative Map for Parcel Map 99-18 ("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. 99-18,
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. 99-18
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
4 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 o(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. 99-18
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. 99-18
Page 5
DATED: �� , 2000
4
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
J. W. Curran, as her sole and separate
property, by deed which does not disclose
By martial status
Nick P ylcv�„e Director
De Iopment Department �t
By: _
J. W. Curran
APPROVED AS TO FORM:
HILDA CANTU TOY
City Attorne
By
epu
(Attach Notary Acknowledgments for Covenantor)
State Of RIGHT THUMBPRINT(Optional)
County of
On � before me,,-�h ar,d,
IDATEf INAME/TITLE OF OFFICER-i.e.'JANE DOE,NOTARY BLIC'1 G
personally appeared �� �, [;tJ f.0 ca 1L
(NAME(S)OF SIGNERISII
CAPACITY CLAIMED BY SIGNER(S)
❑INDIVIDUAL(S)
❑CORPORATE
personally known to me -OR- 0 proved to me on the OFFICER(S) (TITLES)
basis Of satisfactory ❑PARTNER(S) ❑LIMITED
evidence to be the ❑GENERAL
person(s) whose name(s) ❑ATTORNEY IN FACT
Rhonda Pickering t Is/are subscribed to the ❑TRUSTEEIS)
�U Comm.#1144224 ?. within instrument and ❑GUARDIAN/CONSERVATOR
�/ • OTARVPUBLIC CALIFORNIAU/^^ acknowledged to me that ❑OTHER:
MADERA COUNTY 0 he/she/they executed the
Comm Exp June 28 2001 same in his/her/their
authorized capacity(ies), SIGNER IS REPRESENTING:
and that by his/her/their (Name of Personls)or Ent)ty(ies)
signature(s) on the
instrument the person(s),
or the entity upon behalf
of which the person(s)
acted, executed the RIGHT THUMBPRINT lOptional)
instrument.
Witness my hand and official seal.
o
1SEAL) `o
SIGNATURE 16F NOTARY)
CAPACITY CLAIMED BY SIGNER(S)
❑INDIVIDUAL(S)
❑CORPORATE
ATTENTION NOTARY
OFFICER(S)
The information requested below and in the column to the right is OPTIONAL. (TITLES)
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNER(S) ❑LIMITED
unauthorized document. ❑GENERAL
❑ATTORNEY IN FACT
THIS CERTIFICATE Title or Type of Document -5 4rA-49 yytp y%�f p C Q YLQYI z n ❑TRUSTEE(S)
MUST BE ATTACHED A V Fe C I--'I l—t` VL 0 02 oe IC,� ✓-1p ❑GUARDIAN/CONSERVATOR
TO THE DOCUMENT Number of Pages_�Date of Document ❑OTHER:
DESCRIBED AT RIGHT:
Signer(s)Other Than Named Above
SIGNER IS REPRESENTING:
(Name of Person(s)or EntltyPes)
WOLCOTTS FORM 63240 Rev.3-94(price class 8.2A1 1994 WOLCOTTS FORMS,INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS
IIIIIIIII(III)I IIIIIII
7 67775 63240 8
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on June 23, 1998 as Document/instrument No. 98087389 in the office of the Fresno
County Recorder of which the Deed of Trust in, by and between TRUSTOR: J.W. Curran, as her
sole and separate property, by deed which does not disclose marital status, and TRUSTEE: First
American Title Company, and BENEFICIARY: Yosemite Bank, hereby expressly subordinates
said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants
Affecting Land Development (Parcel Map No. 99-18).
DATED: --1 µ ' 2000
BENEFICIARY
Yosemi nk
By:
By:
(Beneficiary to type in Names & Titles and Attach Notary Acknowledgments)
CLERK'S CERTIFICATION
4
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On 2000, before me, Jocelyn Gueret, Deputy, personally
appeared Nick P. Yovino, Dev dent Department Director, known to me (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 sigpature(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:
jeputyd
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Calf iornia
County of Mariposa
On January 27, 2000 before me, Cindy Lee Przybyla, Notary Public ,
Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public')
personally appeared David A. Nickel ,
Name(s)of Signer(s)
Upersonally 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),
CNN LEE MygytA or the entity upon behalf of which the person(s) acted,
c«m,tdona I10OD45 executed the instrument.
Notary P.M—Caifamia
t„ty�,,,L jun9,2Mp WITNESS my hand and official seal
Signature f Notary Pu
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: Statement of Covenants Affecting Land Development
Document Date: January 27, 2000 Number of Pages: 7
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: David A. Nickel Signer's Name:
❑ Individual ❑ Individual
® Corporate Officer ❑ Corporate Officer
Title(s): Vice President Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee _ ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
Yosemite Bank
0 1004 NatlofraI Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 01309.7164 Prod.No.5907 Reorder:Call Tog-Free 14800.878$827