HomeMy WebLinkAboutPM 2006-09 - Agreement/Covenant - Mutual Easements and Reciprocal Uses - 7/23/2018 �, IIII III I IIII II II IIII I IIIII I I 1111111 I IIII I II IIII II
Recording Requested by and FRESNO County Recorder
When Recorded Mail To: Paul DietOs, C.P.R.
DDC— 2018-0087033
City Clerk Acct 8017-First American Title - Fresno SPL
City of Fresno Monday, JUL 23, 2018 08:00:00
Fres Fresno street Tt 1 Pd $49.00 Rcpt # 0005036764
Fresno, CA 3721-3603 L ARG/R3/2-11
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NO FEE- GOVERNMENT CODE 6103
CITY OF FRESNO
Development& Resource Management Department
STATEMENT OF COVENANTS AFFECTING
LAND DEVELOPMENT TO CREATE MUTUAL
EASEMENTS AND RECIPROCAL USES FOR
PARCEL MAP NO. 2006-09
Statement of Covenants Affecting Land Development
Parcel Map No. 2006-09
Page 2
WHEREAS, JAGM PROPERTIES, LLC, A California Limited Liability Company and
NORANGE, LLC, A California Limited Liability Company, Tenants in Common, 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, B, C and D of Parcel Map No. 2006-09 according to the map
thereof recorded in Book 4 of Parcel Maps at Page(s)_Z23W
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 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 Parcel Map No. 2006-09 is in
substantial compliance with the Conditions of Approval for Vesting Tentative Parcel Map
No. 2006-09 dated July 13, 2006 issued by the City and any amendments thereto ("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
Parcel Map No. 2006-09
Page 3
COVENANTS, CONDITIONS AND RESTRICTIONS
In consideration of the approval and recording of said Parcel 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. Each parcel of the Subject Property shall be developed and used in such a manner as
to enable reciprocal cross access between and.among the parcels as approved by the City in the
Special Permit, regardless of whether the parcels 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.- Shared parking;
C. Drainage for storm water and storm water facilities;
d. All utilities (including but not limited to gas, electricity,water, fire suppression
systems, sanitary sewer, tele-communications, etc.);
e. Access to all buildings and areas for emergency services;
f.. Landscaping; walls/fences; solid waste facilities; and
g. Any additional uses pursuant to amendments to the Special Permit approved
by the City.
2. Mutual easements appurtenant are hereby created and apply to each parcel of the
Statement of Covenants Affecting Land Development
Parcel Map No. 2006-09
Page 4
Subject Property as a burden and benefit, to satisfy the need for cross access for each of the
purposes identified in paragraph 1, above.
3. Any buildings or structures constructed on any parcel 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 parcel lines within the
Subject Property, in compliance with the approved Special Permit, Tentative Map, the California
Building Code and the Fresno Municipal Code.
7. 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.
8. At such time Covenantor or subsequent owner(s) sells or transfers any parcel of the
Subject Property, the owner shall disclose this Statement of Covenant to the buyer and reserve and
except from the deed for the parcel(s), the terms of this Statement of Covenant.
9. 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
IA
Statement of Covenants Affecting Land Development
Parcel Map No. 2006-09
Page 5
of Covenant 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 shall have the right to
enforce this Statement of Covenant by any legal or equitable means.
10. 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.
11. 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
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.
12. 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.
13. 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
s
Statement of Covenants Affecting Land Development
Parcel Map No. 2006-09
Page 6
Recorder.
14. 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.
15. 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.
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Statement of Covenants Affecting Land Development
Parcel Map No. 2006-09
Page 7 —
DATED: ,
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
JAGM PROPERTIES, LLC,
Development& Resource Management A California Limited Liability Company, and
Department NORANGE LLC,
A California Limited Liability Company,
Jennifer K. Clark, Director As Tenants in Common
C4
By: ;?seph
Jeno-A-". Clark, Director Pehanick, Managing Member
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Ma at m - oidge
Deput ity Attorney
2
/ / (Attach Notary Acknowledgments)
Date: `
CAL11FORMOA ALL-PURPOSE ACKNOWLEDOMENT CIVIL CODE§ 1189
.......... .... ....................---------
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....................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 50LM
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On c_�6[�1 before pa/0
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Date f I re insert Name and Title of the Officer
personally appeared J65U
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Name(.)
..—Name(.) of Signer(s)
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who proved to me on the basis of satisfactory evidence to be the person( WhOSE! name(!t is/ave
subscribed to the within instrument and acknowledged to me 'that he/sl4@44ey executed the same in
his/hoa#�r authorized capacity(i96), and that by his/her-/ T it signature(so on the instrument the person(p),
or the entity upon behalf of which the person() acted, exeCLI-ted the instrument.
I certify under PENALTY OF PERJURY Linder the laws
of the State of California that the foregoing ng paragraph
Y.ALVAREZ is true and correct,
COMM.#2100470
NOTARY PUBLIC-CALIFORNIA WITNESS iny hand and official seal.
SOLANO COUNTY , 0
COMM.EXPIRES MARCH 19,2019
Signature . .......
Signat f 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 DoCLArnent: owejia.,� Docurnent Date:
NLITT)ber 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): ..........................
Par-triet, Urnited 1 General
I Partner — Limited 'J General
Individual 1 11 Attorney in Fact Individual Attorney in Fact
Trustee '..'j Guardian or Conservator Trustee Guardian or Conservator
Other: --.... Other:
................—............. ------
Signer Is Representing: Signer Is Representing:
C92014 National Notary Association -www.NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907
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
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On July 6, 2018 before me, Marco Martinez-Velasquez, Deputy City Clerk, personally appeared,
Jennifer K. Clark, Director, Development and Resource Management Department(DARM) of the
City of Fresno, 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 ``�,� OF Ppe
City Clerk, City of Fresno 0
f _
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O Y .
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Deputy
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on' November 4, 2011 in the office of the Fresno County
Recorder as Document No. 2011-0150167 of which the Deed of Trust in, by and
between: JAGM PROPERTIES LLC and NORANGE LLC as Trustor;
AMERICAN SECURITIES COMPANY as Trustee,
and WELLS FARGO BANK. NATIONAL ASSOCIATION , 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 Parcel Map No..2006-09.
DATED: h?O18
BENEFICIARY
WELLS FARCO (SANK,NATWA01L ASSOCiAT 16ty
By:
Name: Roberto Padilla
Title: Vice President
By:
Name:
Title:
(Beneficiary to prinbtype document
information, Name, Title and attach Notary
Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
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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 (0t1te a
On 512- /Z 0 D before me, 4eSI k fe JICC1'6073,1.73,1. A ' Ci& -116 C
Date l Here Insert Name and Title of the fficer
personally appeared 1`(i hp ct PCC !I I n
Name(s)of Signer(s)
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/slie/they executed the same in
his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(5),
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
•^""•
DESIREE R. CIOCHON is true and correct.
CommA 1145697 N WITNESS my.han and official seal.
N NOTARY PUBLIC-CALIFORNIA
\ CONTRA COSTA COUNTY
MY Comm.EAP
. Signature
Signature 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 — El Limited ❑General
❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other. ❑ Other:
Signer Is Representing: I Signer Is Representing:
02016 National Notary Association•ww\n.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907