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HomeMy WebLinkAboutT-6131 - Agreement/Covenant - Relinquishing Access Rights - 8/29/2017 RECORDING REQUESTED BY ; IIII III 11111111111 IN I III 11111 IN I IN I III 11111 AND WHEN RECORDED MAIL TO: FRESNO County Recorder Paul Dictos, C.P.A. DDC— 2017-0108491 City Clerk Acct 8003-North American Title Concord City of Fresno Tuesday, AUG 29, 2017 08:00:00 2600 Fresno Street Ttl Pd90.00 Rept # 0004834224 Fresno, CA 93721-3603 p RGRIR4/3-12 NO FEE-Government Code 6103 ---. CITY OF FRESNO Development and Resource Management Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT RELINQUISHING ACCESS RIGHTS FOR CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 6131, PHASE 1 OF VESTING TENTATIVE MAP NO. 6131 Statement of Covenants Affecting Land Development Relinquishing Access Rights Tract No. 6131 Page 2 RECITALS WHEREAS, P.R. FARMS, INCORPORATED, a California Corporation, hereinafter referred to as the "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 81 and 82 and Outlot A, of the Final Map of Tract No. 6131 according to the map thereof recorded on AU41 s f 21, -2017 in Volume 9_ of Plats at Page(s) r I!, Fresno County Records; and WHEREAS, the 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, Vesting Tentative Map No. 6131 (Tentative Map) was approved with conditions by the Fresno City Planning Commission on October 5, 2016; and WHEREAS, the conditions of approval of said Final Map of Tract No. 6131, filed pursuant to said Tentative Map, require the relinquishment of access rights to the park from the adjacent lots; and WHEREAS, the Covenantor requests the City of Fresno ("City") to approve the Final Map of Tract No. 6131 subject to the relinquishment of access rights for the Subject Property. COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of the Covenantor's request, the Covenantor Statement of Covenants Affecting Land Development Relinquishing Access Rights Tract No. 6131 Page 3 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 of Covenant will run with the Subject Property and shall be binding on each successive owner of the Subject Property and his/her/its heirs, administrators, successors, and assigns. 1. Covenantor hereby covenants as follows: (a) . Covenantor relinquishes access rights to and from the boundary between said Outlot A (park) and said Lots 81 and 82 (adjacent lots). (b) The Covenants, Conditions and Restrictions (CC&R) and the Real Estate Disclosure Report shall provide notice to the owners of the Subject Property of such relinquishment of access rights and owners shall provide written notice to each lessee, tenant and subsequent buyer that such restriction exist. \ 2. The conditions of this Statement of Covenant are intended to benefit the public and public properties. Accordingly, the City shall have the right to enforce this Statement of Covenant by any legal or equitable means against the Covenantor and such person or persons in actual possession of the Subject Property who directly or who through any agent violate the terms hereof. All obligations of the Covenantor under this Statement of Covenant shall insure solely to the benefit of the City. There are no third party beneficiaries of said obligations nor shall the right of the City be transferable in any manner to any person other than to a successor Statement of Covenants Affecting Land Development Relinquishing Access Rights Tract No. 6131 Page 4 municipal corporation whose geographic boundaries include the Subject Property. 3. The conditions and obligations of this Statement of Covenant shall remain in full force and effect until such time as the City's Development and Resource Management Director issues a written release of such conditions and obligations and records such release in writing with the Fresno County Recorder. 4. 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. 5. 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. 6. 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 a Statement of Covenants Affecting Land Development Relinquishing Access Rights Tract No. 6131 Page 5 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. Statement of Covenants Affecting Land Development Relinquishing Access Rights Tract No.6131 Page 6 DATED: /�UGU i% 241 7 CITY OF FRESNO, COVENANTOR a Municipal Corporation P.R. FARMS, INCORPORATED, Development & Resource Management A California Corporation Department Jennifer K. Clark, Director By:()� < W J en'nifer' K. Clark, Director atrick V. Ricchiuti, President J � APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Mary erman-Doidge puty City Attorney Date: / (Attach Notary Acknowledgment) A notary public or other officer completing this certificate verities 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 Fresno ) On June 29. 2017, before me, Isabel F. Trejo, a Notary Public, personally appeared PATRICK V. RICCHiUTI, 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(ics) and that by his/her/their signaturc(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. iSABEI F.TREdO Commission#E 2127889 Z Notary Public-California Signature: I�„G,(JI►�, I Fresno County MY Comm.Expires Oct 21,2019+ 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 7, 2017 before me, Cherisea Barnes. Debuty 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 4��� °F �ca a � . o �4 . ,(� �7F0 OC4,D� By Ot '1 L)&!N� Deputy r SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 24, 2016, in the office of the Fresno County Recorder, as Document No. 2016-0081788-00 of which the Deed of Trust in, by and between P.R. FARMS, INCORPORATED, a California corporation; P-R FARMS, INCORPORATED; P-R FARMS, INC., a California corporation; P-R FARMS, INCORPORATED, a California corporation; P.R. FARMS, INC., a California corporation; PALOMATE PACKING CO., INC., a California corporation; PALOMATE PACKING' CO., INC.; and PATRICK V. RICCHIUTI, as trustee of the Patrick-Vincent Ricchiuti Family Trust. all collectively referred to as Trustor; CENTRAL VALLEY COMMUNITY BANK, a California corporation, as Trustee; and. CENTRAL VALLEY COMMUNITY BANK, a California corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest hereto to the foregoing Statement of Covenants Affecting Land Development Relinquishing Access Rights for Certain Lots Within the Final Map of Tract No. 6131, Phase 1 of Vesting Tentative Map No. 6131. 4U600 7- Dated: Dated: J� } , 2017 "Beneficiary" CENTRAL VALLEY COMMUNITY BANK, a California corporation By: Name: ?A',,rC1Ctc C'AAmAO Its: xy-� v Ceo By: Name: Its: (Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment) 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 yf Calif i �� j Count of n On � ( before me, ' C Date / '� Here Insert Nam and Title the Officer personally appeared Vd � !t Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persorof-whose named is/09— subscribed to the within instrument and acknowledged to me that he/s4eMie� executed the same in his/he#414ek authorized capacity( -a that by his/"efMte oignatureJs�ee-the instrument the person(*_ or the entity upon behalf of which the persong-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. WITNESSm nd and official seal. A.MARIE PERE2 Commission#t 2136938 Notary Public-California i Signature = Fresno County ' i ature of Nothi—y-Publiq,:�r— A Comm.Expires Dec 14,2019 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: A�)� (y�•'fi]O�� 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: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 24, 2016, in the office of the Fresno County Recorder, as Document No. 2016-0081789-00 of which the Deed of Trust in, by and between P.R. FARMS, INCORPORATED, a California corporation; P-R FARMS, INCORPORATED; - P-R FARMS, INC., a California corporation; P-R FARMS, INCORPORATED, a California corporation; P.R. FARMS, INC., a California corporation; PALOMATE PACKING CO., INC., a California corporation; PALOMATE PACKING CO., INC.; and PATRICK V. RICCHIUTI, as trustee of the Patrick Vincent Ricchiuti Family "Trust, all collectively referred to as Trustor; CENTRAL VALLEY COMMUNITY BANK, a California corporation, as Trustee; and CENTRAL VALLEY COMMUNITY BANK, a California corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest hereto to the foregoing Statement of Covenants Affecting Land Development Q&Wffing 4;w4*i4+-9eWer - wide- uppq wad REciNaulSH� G ,4eZ&'XX kla#rr Fat CERTAi�V Lo7-.r 601TWt v 6im-leer the Final Map of Tract No. 6131, Phase 1 of Vesting Tentative Map No. 6131. 90"T Dated: .I+4� t, 2017 "Beneficiary" CENTRAL VALLEY COMMUNITY BANK, a California corporation By: cc?�— Name: �A i��GiC C'A/'440 Its: C CO By: Name: Its: (Beneficiary to print/type document information, Alame, 'Title and attach Notary Acknowledgment) 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 Califor County J ) On before me, woe Date �L'v 1 r IeC/� Here Insert Name and itle of the Offi er personally appeared - Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(swhose name is/a� subscribed to the within instrument and acknowledged to me that he/may executed the same in his/her;44e4r authorized capacity nd that by his/baW414 it signaturejp�nn the instrument the persoO,_ or the entity upon behalf of which the person( Y, cted, 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. A:MARIE PEREZ Commission#t 2136938 = Signature Notary Public-California Fresno County n ture of NotaryPublic my Comm.Ex ires Dec 14,2019 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 Doc me t J Title or Type of Document: �(� �� r1 ��� 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 �N