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HomeMy WebLinkAboutT-5462 - Agreement/Covenant - 9/23/2009 (6) When Recorded Mail To: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 09/16/2009,20090127529 NO FEE- GOVERNMENT CODE 6103 CITY OF FRESNO cc Planning and Development Department O 1L Z O 0 Lu Cn a w CL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR LOTS 8 AND 9 WITHIN THE FINAL MAP OF TRACT NO. 5462 Statement of Covenants Affecting Land Development Tract No. 5462 Page 2 WHEREAS, Spradling Construction, 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: Lots 8 and 9, inclusive of Tract No. 5462 according to the map thereof recorded on S!W&MhrC /b , 2009 in Volume $l of Plats at Page(s) 33 f 3q 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 and parking areas, driveways, driveway approaches, landscaping, landscape irrigation, water for domestic and fire protection purposes, sanitary sewer disposal, gas, electric, tele-communication services, solid waste facilities, storm water drainage, emergency accesses, required walls/fences and other requirements in accordance with the approved Special Permit application designated as Conditional Use Permit Application No. C-03-255 and any amendments thereto, hereinafter referred to as "Special Permit," in such a manner that each lot of the Subject Property will be compelled to use portions of other lots of the Subject Property; and Statement of Covenants Affecting Land Development Tract No. 5462 Page 3 WHEREAS, the City of Fresno is unable to find that Tract No. 5462 is in substantial compliance with the Conditions of Approval for Tentative Map No. 5462 dated October 3, 2007 ("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. COVENANTS, CONDITIONS AND RESTRICTIONS In consideration of the approval and recording of said Final Map by the City of Fresno, 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. 1. Each lot of the Subject Property shall be developed and used in such a manner as to enable reciprocal cross access between and among the lots as approved by the City of Fresno in the Special Permit, regardless of whether the lots of the Subject Property are owned or leased by the same or different persons for the following purposes: a. Pedestrian and vehicular ingress and egress; b. Drainage for storm water and storm water facilities; C. Any additional uses pursuant to amendments to the Special Permit approved by the City; Statement of Covenants Affecting Land Development Tract No. 5462 Page 4 2. Mutual easements appurtenant are hereby created and apply to each lot of the Subject Property as a burden and benefit, to satisfy the need for cross access. 3. Any buildings or structures constructed on any lot of the Subject Property must comply with the prevailing California Building Code. 4. Covenantor shall maintain all landscaping within the limits of the Subject Property in full compliance with all applicable provisions of the Fresno Municipal Code. 5. Covenantor shall repair and maintain all components of the fire suppression water system installed on the Subject Property including but not limited to those components relating to the underground water supply for the fire suppression system in full compliance with all applicable federal and state laws and the Fresno Municipal Code. 6. 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 lot lines within the Subject property, in compliance with the approved Special Permit, Tentative Map, the California Building Code and the Fresno Municipal Code. 7. 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 lot of the Subject Property by written agreement. 8. At such time Covenantor or subsequent owner(s) sells or transfers any lot of the Subject Property, the owner shall disclose this Statement to the buyer and reserve and except from the deed for the lot(s), the terms of this Statement. 9. I he conditions of this Statement are intended to benefit the public and public Statement of Covenants Affecting Land Development Tract No. 5462 Page 5 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 lot of the Subject Property involved. Accordingly, the City of Fresno shall have the right to enforce this Statement by any legal or equitable means. 10. 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. 11. In the event that litigation is instituted to enforce or interpret any provision of this Statement, the parties agree that the prevailing party shall be paid reasonable attorney's fees, costs and litigation expenses. 12. The conditions and obligations of this Statement shall remain in full force and effect until such time as the Planning and 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. 13. 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 Tract No. 5462 Page 6 DATED: A V C O-57 Z194 -Z069 CITY OF FRESNO, COVENANTOR a Municipal Corporation Spradling Construction, Inc., Planning and Development Department A California Corporation By: [- By: Keith Bergthold, Interim 6irector 1Zherman Spradling, Pr sident APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: - John W. Fox Deputy City Attorney (Attach Notary Acknowledgments) Date: CLERK'S CERTIFICATION State of California ) County of Fresno ) On August 20, 2009, before me, Jennifer Morelos, Deputy City Clerk, City of Fresno, personally appeared, Keith Bergthold, Interim Director, who 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) acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. REBECCA E. KLISCH, CMC City Clerk, City of Fresno i S OF F*& By Deputy Y n 4 i A GR }1. rFD OGy' State of California ) County of Fresno ) On f e'6ru ,lout L9S� �0 before me, Kell G. Swertfa er T ` Notary Public (here insert name and title of the officer), personally appeared t r who proved to me on the basis of satisfactory evidence to be the person(s)w se namesrs re subscribed to the within instrument and acknowledged to me that he/they executed the same' his/ er/their authorized capacity(ies),and that beer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. wiTNESS my/hand, and official seal. Signature eTA (Seal) I�W KELLY G. SWERTFAGER r. COMM. #1658750 NOTARY PUBLIC-CALIFORNIA • FRESNO COUNTY My Comm.Expires May 14,2010 (notary)(12-07) SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on �rn4 m l5 , 200 , in the office of the Fresno County Recorder as Document No. lm -Co;x abs' of which the Deed of Trust in, by and between: JhP.�1,v�a-n { 0. 1.6 GS �ZsSo 1t as Trustor, T� as Trustee, and VIA u.n as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development to Create Mutual Easements and Reciprocal Uses for Lots 8 and 9 Within the Final Map of Tract No. 5462. DATED: r� 3 ZO05 BENEFICIARY Butte Community Bank By: U By: (Beneficiary to print/type document info,Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA / ) COUNTY OF On prI / 3 aOySbefore me L'�� •�.- C � �0�4%��.6 L DATE INSERT NA/ME,,T,ITLE OF OFFICER—E.G..,"JANE DOE,NOTARY PUBLIC personally appeared, ���/_4 ^ /a a who proved to me on-the basis of satisfactory evidence to be the personKwhose name(sj /aK subscribed to the within instrument and acknowledged to me that he/*fe/tdy executed the same in his/her/tlWir authorized capacity(iK, and that by his/hS�athe;Fsignaturevon the instrument the person(s), or the entity upon behalf of which the person�'jacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JERI L. CERRATO K V COMM. #1662931 0 NO PUBLIC CALIFORNU► 2 BUTTE COUNTY n COMM.EXPIRES MAY 4,2010 (SEAL) NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNERS(S)OTHER THAN NAMED ABOVE SIGNER'S NAME SIGNER'S NAME RIGIrr THUMBPRINT RIGHT THUMBPRINT To order supplies,please contact McGlone Insurance Services,Inc.at(916)484 0804.