HomeMy WebLinkAboutT-5994 - Agreement/Covenant - 10/7/2015 When Recorded Mail To:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603 1010112015,20150129021
NO FEE - GOVERNMENT CODE 6103
2i CITY OF FRESNO
Cr Development & Resource Management Department
0
LL
z
O
0
W
N
LU
J
STATEMENT OF COVENANTS AFFECTING
LAND DEVELOPMENT TO CREATE MUTUAL
EASEMENTS AND RECIPROCAL USES FOR
TRACT NO. 5994
I
Statement of Covenants Affecting Land Development
Tract No. 5994
Page 2
WHEREAS, FFDA PROPERTIES, LLC,a California Limited Liability Company, 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 17, 18, 19 and 20 of the Final Map of Tract No. 5994 according to the
map thereof recorded in Volume � of Plats at
Page(s) 54_ AN17 Sy 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 No. C-11-014 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 ("City') is unable to find that the Final Map of Tract No. 5994 is
in substantial compliance with the Conditions of Approval for Vesting Tentative Map No. 5994
dated December 7, 2011 ("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.
Statement of Covenants Affecting Land Development
Tract No. 5994
Page 3
COVENANTS, CONDITIONS AND RESTRICTIONS
In consideration of the approval and recording of said Final Map by the City, 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/her/its heirs,
successors, and assigns.
1. Lots 17 and 18 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 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. All utilities (including but not limited to gas, electricity, water, fire suppression
systems, sanitary sewer, tele-communications, etc.);
b. Any additional uses pursuant to amendments to the Special Permit approved
by the City.
2. Lots 19 and 20 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 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. All utilities (including but not limited to gas, electricity, water, fire suppression
Statement of Covenants Affecting Land Development
Tract No. 5994
Page 4
systems, sanitary sewer, tele-communications, etc.);
b. Any additional uses pursuant to amendments to the Special Permit approved
by the City.
3. Covenantor represents and warrants it is the sole owner of all lots located in the
Subject Property. Covenantor shall create mutual easements to enable reciprocal cross access
between and among each lot of the Subject Property, as a burden and a benefit, to satisfy the need
for cross access for each of the purposes identified in paragraph 1, above. Such mutual easements
shall be created effective upon sale, lease, assignment, transfer, or any other method of disposing of
any ownership interest or estate in the Subject property, by a series of transactions or otherwise,such
that there would no longer be a single person or entity who has a one-hundred percent (100%)
ownership interest in all lots located in the Subject Property. For the purposes of this Covenant, a
one-hundred percent(100%)ownership interest in all lots does not include ownership interests subject
to leaseholds or other estates.
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 all landscaping within the limits of the Subject Property in full
compliance with all applicable provisions of the Fresno Municipal Code.
6. 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.
7. 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
Statement of Covenants Affecting Land Development
Tract No. 5994
Page 5
Property, in compliance with the approved Special Permit,Tentative Map,the California Building Code
and the Fresno Municipal Code.
8. As between the City of Fresno and Covenantor,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.
9. At such time Covenantor or subsequent owner(s) sells or transfers any lot of the
Subject Property, the owner shall disclose this Statement of Covenant to the buyer and reserve and
except from the deed for the lot(s), the terms of this Statement of Covenant.
10. The conditions of this Statement of Covenant are intended to benefit the public and
public properties as well as properties appurtenant. Failure to comply with the terms of this Statement
of Covenant 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 shall have the right to enforce
this Statement of Covenant by any legal or equitable means.
11. Each of the covenants, conditions, and restrictions contained in this Statement of
Covenant shall run with the Subject Property and shall be binding on each successive owner of the
Subject Property, his/her/its heirs, representatives, successors, and assigns.
12. If either party is required to commence any proceeding or legal action to enforce or
interpret any term or condition of this Statement of Covenant, the prevailing party in such proceeding
or action shall be entitled to recover from the other party its reasonable attorney's fees and legal
expenses. For the purposes of this Statement of Covenant, "attorneys' fees" and "legal expenses"
include, without limitation, paralegals'fees and expenses, attorneys, consultants fees and expenses,
expert witness fees and expenses, and all other expenses incurred by the prevailing party's attorneys
in the course of the representation of the prevailing party in anticipation of and/or during the course of
Statement of Covenants Affecting Land Development
Tract No. 5994
Page 6
litigation,whether or not otherwise recoverable as"attorneys'fees"or as"costs"under California law,
and the same may be sought and awarded in accordance with California procedure as pertaining to
an award of contractual attorneys' fees.
13. The waiver by either party of a breach by the other of any provision of this Statement of
Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of either the
same or a different provision of this Statement of Covenant. No provisions of this Statement of
Covenant may be waived unless in writing and signed by all parties to this Covenant. Waiver of any
one provision herein shall not be deemed to be a waiver of any other provision herein.
14. The conditions and obligations of this Statement of Covenant shall remain in full force
and effect until such time as the Development& Resource Management Director of the City issues a
written release of such conditions and obligations and records such release with the Fresno County
Recorder.
15. The provisions of this Statement of Covenant 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 of Covenant so requires, in interpreting this Statement of Covenant, any
gender includes the other genders, the singular includes the plural, and the plural includes the
singular.
16. This covenant shall apply to all of the lots within the Subject Property regardless of any
adjustments to any lot lines or subdivisions within the boundary of the Subject Property.
* * *
Statement of Covenants Affecting Land Development
Tract No. 5994
Page 7
DATED:
CITY OF FRESNO,
a Municipal Corporation COVENANTOR
Development & Resource Management FFDA PROPERTIES, LLC
Department a California Limited Liability Company
Jennifer Clark, Director
By: By:
Jer�nif r CI , Director Darius Assemi, Vice President
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By: &E2t� -
Deputy City Attorney
Date:
(Attach Notary Acknowledgments)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cmfb CODE§ 1189
State of California
County of Fresno
On j k-,14— Lk O&before me, Cristina G. Lopez, Notary Public
Qaie Here Insert Name and Tale of the Officer '
personally appeared Darius Assemi
Neme(s)of Slgnar(s)
who proved to me on the basis of satisfactory
evidence to be the person(d) whose name( islVt
subscribed to the within instrument and acknowledged
to me tlyt helsbfi4eey executed the same in
hWhdrlth6ir authorized capacity(is), and that by
CRISTINA GLOPEZhislhef/th� signature(s`� on the instrument the
G. erson
Commission#2004143 p (4, or the entity upon behaff of which the
Notary Public-California z person(g'f acted, executed the instrument.
Fresno County
MV Comm.Expires Feb 12,2017 y 1 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:
Place Notary Seal Above SlWature o Nola 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 Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: _ Signer's Name: . _
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Individual ❑Individual
011.1 U&I 0 Nal
❑ Partner—❑Limited ❑General Top of thumb here ❑Partner—❑Limited ❑General Top of thumb here
❑ Attorney in Fact ❑Attorney in Fact
❑ Trustee ❑Trustee
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
0 2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1x800-876-6827) Rem PS907
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On September 19, 2014 before me, Sherrie L. Badertscher, Deputy City Clerk, personally
appeared, Jennifer Clark, Director, Development& Resource Management Department, 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), 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
YVONNE SPENCE, CMC
City Clerk, City of Fresno
J"'
By
Deputy
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on 5��.u �Y l3�rt 712 , in the office of the Fresno County
Recorder as Document No. 7.0L2-cc)pst5'7 of which the Deed of Trust in, by and
between: 'F1F17A PljaPZe r«s + r-t.C.. A Cay uj"rren L-,aj.j z,w rampANy as Trustor,
figs-r 6r!Ag?4icAM-n.E Cor,,,PAIJy , as Trustee,
and TI-Le AGOAtZ or -sic- C" oV� ep'F-S,x , 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 the Final Map of Tract No. 5994.
DATED: A n3J
BENEFICIARY
B
y�
Name:
Title: t VE- b —cToK
By:
Name:
Title:
(Beneficiary to print/type document
information, Name, Title and attach Notary
Acknowledgment)
ACKNOWLEDGMENT
State of California
County of_ C S'7 L }
On_ 4VJL01 � � y before me, �� �i'►'g c1 r �r
/ (insert name and title of the officer
personally appeared ��r b itie
who proved to me on the basis of satisfactory evidence to be the persona whose names) isle
subscribed to the within instrument and acknowledged to me that-wsheltttr-executed the same in
Nsfherltheirauthorized capacityXs), and that by-his�herltheft-signaturqW on the instrument the
person,K, or the entity upon behalf of which the persopk�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. ANNA G. GUERRA
Commission# 1960847
z Notary Public-California z
x ' Fresno County n
My Comm.Expires Nov 18,2015
Signature (Seal)
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on �.p,+���� l4�`� t , in the office of the Fresno County
Recorder as Document No. 2L15 - ocx;)38(o of which the Deed of Trust in, by and
between: P(za FK--r,t Es tLc a CA c) LA r- . J. . as Trustor,
P>0-4 as Trustee,
and C=6 ...pmss B��] 6 ca fAAN-ri 01J , 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 the Final Map of Tract No. 5994.
DATED: 05 20 2015
BaNFARYCell,P11sx, e,4,vk
/?/V 4LgQ.q1PW (4PdN-'10,y
Name: P�eopwou f�a�rD
Title: S6AJrflr- Vice Poj--r fi
By:
Name:
Title:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California }
County of -�T_-esrl D
On NAq 4 �2ZZbI E before me, � t-a✓�4 >°� l&,r
Date ����ere Insert Name and Title of th fficer
personally appeared - �oC(-.
Name(s)of S ner(s)
who proved to me on the basis of satisfactory evidence to be the persono whose names} is/ar&
subscribed to the within instrument and acknowledged to me that iae/she/they executed the same in
Itis/her/ter authorized capacity#"),and that by bis/her/their signatureo on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
MADELYN C.UVLAR WITNESS my hand and official seal.
Commission#2103017
awz Notary Public-California
Fresno County , Y
Signature
Comm.Expires Mu 13.2019 Signat of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date: ..
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑Other: _ ❑ Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907