HomeMy WebLinkAboutT-5971 - Agreement/Covenant - Landscape Maintenance - 10/3/2017 RECORDING REQUESTEDIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
AND WHEN RECORDED MAIL
TO:
FRESNO County Recorder
City Clerk
City of Fresno Paul Dictos, C,P,A,2600 Fresno Street DDC— 2017-0127190
Fresno, CA 93721-3603 Acct 8002-Old Republic Title CONCORD
Tuesday, OCT 03, 2017 08:00:00
Tt 1 Pd $43-00 Rcpt 4 0004858138
RGRIR5I2-S
NO FEE - Government Code 6103
CITY OF FRESNO
Public Works Department
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR THE MAINTENANCE OF LANDSCAPE IMPROVEMENTS FOR
CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 5971
STATEMENT OF COVENANTS
Landscape Maintenance
Tract No. 5971
Page 2
RECITALS
WHEREAS, WILSON PREMIER HOMES, INC, 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:
Lots 6, 8, 29, 39, 41 and 49 of the Final Map of Tract No. 5971 according
to the map thereof recorded on :-�: ,?0 Jr? in
Volume S_ of Plats at Page(s) a84-a2! 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, Resolution No. 13051 of the Fresno City Planning Commission conditionally
approved Tentative Map No. 5971, hereinafter referred to as the "Tentative Map;" and
WHEREAS, a condition of approval of the Tentative Map requires the Covenantor to install
and maintain certain improvements within the limits of the Tentative Map; and
WHEREAS, a condition of approval of the Tentative Map requires that the maintenance of
such improvements shall be the responsibility of the Covenantor, a homeowners association or the
City of Fresno's ("City's") Community Facilities District; and
WHEREAS, Covenantor has elected to satisfy the majority of this maintenance condition by
annexing the Subject Property in the City's Community Facilities District. The remaining
improvements not annexed into the City's Community Facilities District are the landscape
improvements within a 10 foot landscape area on the Subject Property that is adjacent to and sides
onto a street; and
WHEREAS, Covenantor has elected to satisfy this maintenance condition by Covenantor's
personal responsibility; and
STATEMENT OF COVENANTS
Landscape Maintenance
Tract No. 5971
Page 3
COVENANTS, CONDITIONS AND RESTRICTIONS
NOW THEREFORE, it is agreed in consideration of the foregoing and the approval of the
final map for the Subject Property by the City of Fresno, the Covenantor hereby covenants,
promises and agrees with the City of Fresno for the benefit of said City that:
1. The landscape improvements within a 10 foot landscape area on the Subject
Property that is adjacent to and sides onto a street will be designed and installed according to
improvement plans prepared by the Covenantor and approved by the Public Works Director.
2. Covenantor shall maintain said improvements at Covenantor's sole expense in a
manner acceptable to the Public Works Director.
3. The Covenantor shall provide to every prospective purchaser of the Subject Property,
a copy of this covenant.
4. It is the intention hereof that this document shall constitute a covenant in favor of the
City of Fresno and shall run with the land and be binding upon the undersigned, its grantees, heirs,
and successors and assigns.
5. The foregoing conditions shall remain in full force and effect until such time as the
Director of the Public Works Department issues a written release of such conditions and obligations
and records such release with the Fresno County Recorder.
6. The provisions of this Statement of Covenants 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 one provision thereof. Whenever the
context of the Statement of Covenants so requires, in interpreting this Statement of Covenants,any
gender includes the other genders, the singular includes the plural, and the plural includes the
singular.
7. 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"
3
STATEMENT OF COVENANTS
Landscape Maintenance
Tract No. 5971
Page 4
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.
8. 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.
y
STATEMENT OF COVENANTS
Landscape Maintenance
Tract No. 5971
Page 5
DATED: A06067 22970/7
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
WILSON PREMIER HOMES, INC.
Public Works Department A California Corporation
Scott Mozier, P.E., Director
By: By:
Andrew J. Benelli .E., Assistant Director Leo A. WilsOtPfesident
APPROVED AS TO FORM:
DOUGLAS T. SLOAN (Attach Notary Acknowledgment)
City Attorney
f
By:
Maryaterman-Doidge
D uty City Attorney
Date: / 11-7
S
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 Fresno
On July 25, 2017, before.me, DENISE MELKONIAN, notary public personally appeared LEO A.
WILSON, who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the sante 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.
WITNE j my 11 a d official seal.L_ DENISE MELKONIAN
Notary Public-California =
L < Fresno County n
Commission#2180034
Signat re (Seal) My p Comm.Expires Feb 12,2021
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 28, 2017 before me, Cherisea Barnes, Deputy City Clerk, personally appeared,
Andrew J. Benelli, P.E., Assistant Director of Public Works 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 fq
City Clerk, City of Fresno
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By 0,h0A I * lax
Deputy •2 •�'7
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on J—uLY 1314 20(- in the office of the Fresno County Recorder
as Document No. Z( ►)-- 00840/Z of which the Deed of Trust in by and between:
N/Cs6iv PREM//R /fpMFs , //VC. r .Ar C44//=oAr1/4 &POR.47-inni as Trustor,
OLO Rl_-Put2i.lc ?/7U CoA4P 1yY las Trustee,
andy.9. RAN& A1A714/dAL 4S_S6C1AT�01V4 4 6/n 1kusiaG (""T*t as E3eneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Statement of Covenants Affecting Land Development for the Maintenance of
Landscape Improvements for Certain Lots of the Final Map of Tract No. 5971.
DATED:
BENEFICIARY
/fOa�/ G GfP/TifZ.. GoM?�gNY
By:
Name: � �,L F' S-✓��LjZ)4
Title:
By:
Name:
Title:
(Beneficiary to print/type document
information, Name, Title and attach Notary
Acknowledgment)
ACKNOWLEDGMENT
iota .yop'qjic onothzr;officei;^co�iipletiiig this
ceitific'lte;vz>ifi.zs o><ily the identity of_tlie
uldiv dual,wl o:siaiieci tli ,ciocti eiit=to. �vliiclz=this;.
ceftificatem,' attached: and°ti the titithfiiliiess;
acci><racy: or validity,of that.:dociu ieiit::
STATE OF CALIFORNIA
COUNTY OF FRESNO
On July 25. 2017, before me, Adrianna Altamirano, a Notary Public, personally
appeared Carl F. Swanson who proved to m.e 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.
Signature
[SEAL]
ADRIANNA ALTAMIRANO
Notary Public California. Z
Fresno County =
Z 2171735
a
= Commission #
my Comm.Expires Nov 13,2020