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HomeMy WebLinkAboutPM 2017-05 - Agreement/Covenant - Mutual Easements and Reciprocal Uses - 8/23/2018 IIII I�I I IIII II II II III I I I�III�I IIII I III I II I��I�I Recording Requested by and FRESNO County Recorder When Recorded Mail To: Paul DiCtOS, C.P.Q. City Clerk DOC— 201$-0103501 City of Fresno Acct 8017-First American Title - Fresno SPL 2600:Fresno Street. Thursday, AUG 23, 2018 08:00:00 Fresno, CA 93721-3603 Ttl Pd $0,00 Rcpt # 0005061070 ARG/R3/1-8 NO FEE-GOVERNMENT CODE 6103 --- - — --- — - - -- - CITY OF.F.RESNO Development & Resource Management Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR PARCEL MAP NO. 2017-05 ,r Statement of Covenants Affecting Land Development Parcel Map No. 2017-05 Page 2 WHEREAS, J. RICHTER,as Trustee of the Richter Farms Trust Dated November 1,1983, 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 and C of Parcel Ma No. 2017-05 according to the map thereof recorded in.Booof Parcel Maps at Page(s)S'6 0007. 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 Ftesno ("City") is: unable to find; that Parcel, Map No. 2017-05 is in substantial compliance with the Conditions of Approval for Tentative Parcel Map No. 2017-05 dated August 28, 2017 issued by the City and any amendments thereto ("Tentative Map") until the Covenantor provides assurances that such improvements and buildings will be constructed and-m in'tdined ars compliance with-the conditions of approval of the Special Permit, Tentative Map, the California Building Code and the Fresno Municipal Code. r Statement of Covenants Affecting Land Development Parcel Map No. 2017-05 Page 3 COVENANTS, CONDITIONS AND RESTRICTIONS Irr 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. Sanitary Sewer Service; b. 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 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 tbe:prevailing California Building Cole. 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 Statement of Covenants Affecting Land Development Parcel Map No. 2017-05 Page 4 system installed on the Subject Property including but not limited to those components relating to the underground'water.supply for thefke suppgession system ire full compii:ance with atlapp4cable 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 .Sul jjdtl Property, in compliance with'thb 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'tel'e-communication seFvide�, shalt 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 except1rdm`the deed far'the:parcbl(s), the terms df.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 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.Sukiject.property involved. Accot;dingl'y,.:the.City. sliall'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, h'islher/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 Statement of Covenants Affecting Land Development Parcel Map No. 2017-05 Page 5 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 shalt 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.conclitions and obligatioris:of;thi§:Statement of Covenaht sh'at'd remain:Jh 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. 14. The provisions of this.Statement of Covenant shall' bet 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 o't'her .genders, the singular "includes theplural, 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. Statement of Covenants Affecting Land Development Parcel Map No. 2017-05 Page 6 DATED: 170 60 S-7, 7/(I 1 MTY-OF FRESKO; COVENANTOR a Municipal Corporation J. RICHTER Development & Resource Management As Trustee of the Richter Farms Trust Dated Department November 1, 1983 Jennifer K. Clark, Director By: By: j Jent i'fr Clark, Director Ric ter, trustee APPROVED ASO,FORM'.- . DOUGLAS T. SLOAN City Attorney By' Ma aterman=Doidge uty City Attorney Date: (Attach Notary Acknowledgments) 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 A ) County Af 0/9PT1y //�� ) nn �i On before me, tT�B/`C /� '- l�/ Date � Here Insert Name and Title of the Officer n personally appeared �J �C /-rT&A e-— Name0o of SignerA who proved to me on the basis of satisfactory evidence to be the person() whose name(856)are subscribed to the within instrument and acknowled ed to me that he�they executed the same in hi% a their authorized capacity,and that by his er their signature( on the instrument the person(�J, or the entity upon behalf of which the personX acte , 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 h nd and official seal. ABBA KO-KIM. O COMM...2187672 n Signature m r NOTARY PUBLIC-CALIFORNIA -I Signature of rVotary Pub Jc ORANGE COUNTY W My Term Exp.March 23,2021 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�/J�7'Lr-�*Z �� � .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: 1_1 Corporate Officer - Title(s): ❑ Corporate Officer - Title ❑ Partner - "D Limited _1 General C Partner - ❑ Limite General ❑ Individual El Attorney in Fact ❑ Individual _ Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Sig s Representing: 02014 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 August 6, 2018 before me, Cherisea Barnes, 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 City Clerk, City of Fresno c�`y ism 0 *0 ,M1. n �, ♦ ! `(�, �rED OSS' By 71 Deputy.