HomeMy WebLinkAboutT-6110 - Agreement/Covenant - CFD Maintenance - 10/4/2017 RECORDING REQUESTED BY - -- — - ---
AND WHEN RECORDED MAIL T0: IIII III I IIII II 11111111 IN I 1111111111111111111111
FRESNO County Recorder
City Clerk Paul Dittos C.P.A.
City of Fresno DDC— 20 17- D 127911
2600 Fresno Street
Fresno, CA 93721-3603 acct 8002-Old Republic Title CONCORD
Wednesday, OCT 04, 2017 08:00:00
Tt 1 Pd $90,00 Rcpt # 0004859059
RGR/R5/3-12
NO FEE -Government Code 6103
CITY OF FRESNO
Public Works Department
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR THE MAINTENANCE OF CERTAIN PUBLIC IMPROVEMENTS
FOR THE FINAL MAP OF TRACT NO. 6110
STATEMENT OF COVENANTS
CFD Maintenance
Tract No.6110
Page 2
RECITALS
WHEREAS, FOWLER DEVELOPMENT COMPANY, 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 1 through 136, inclusive of the Final Map of Tract No. 6110 according to
the map thereof recorded on Cic,-k-)lout- �j, -00 1 r7 ,
in Volume&v�of Plats at Page(s) 3b + 3 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. 13376 of the Fresno City Planning Commission conditionally
approved Vesting Tentative Map No. 6110, 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, more particularly
described in EXHIBIT"A"attached hereto and incorporated by reference as if fully set forth herein;
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 a portion of this maintenance condition by
annexing the Subject Property into the City's Community Facilities District; and
WHEREAS, Covenantor has requested the City to annex the Subject Property to the City's
Community Facilities District No. 11.
STATEMENT OF COVENANTS
CFD Maintenance
Tract No.6110
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. Such improvements 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 in a manner acceptable to the Public
Works .Director until such time as the City notifies the Covenantor that such maintenance
responsibility has been assumed by the City's Community Facilities District No. 11.
3. The Covenantor shall provide to every prospective purchaser of each lot of the
Subject Property, the "Notice of Special Tax," attached as EXHIBIT "A," in accordance with the
provisions of Section 53341.5 of the California Government Code.
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
3
STATEMENT OF COVENANTS
CFD Maintenance
Tract No.6110
Page 4
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.
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
CFD Maintenance
Tract No.6110
Page 5
DATED: Sc-PT-Em /1 2471�1
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
FOWLER DEVELOPMENT COMPANY, INC.
Public Works Department A California Corporation
Scott Mozier, P.E., Interim Director
By: By:
Andrew J. Benelli, P Assistant Director Darius Assemi, Seni ice President
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By: (Attach Notary Acknowledgment)
M Rat n-Doidge
eputy City Attorney
Date:
5
ACKNOWLEDGMENT
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 August 10, 2017 before me, Madelyn Cuellar, Notary Public
(insert name and title of the officer)
personally appeared Darius Assemi
who proved to me on the basis of satisfactory evidence to be the person(&)whose name(.&) is/eFe-
subscribed to the within instrument and acknowledged to me that he/fey executed the same in
his/"e 9veirauthorized capacity(ie&), and that by his/herftheir signature(&)on the instrument the
person(4), or the entity upon behalf of which the person(64 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.
MAOELYN CUELLAR
Commission*2103017
WITNESS my hand and official seal. Notary Public-Californiammz
Fresno County
Co .Expires Mar 13,2019
Signature (Seal)
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 September 11, 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
City Clerk, City of Fresno `\1% OF FgFs
r o
nn n_n g44D DCS.
By le�Wu 61
Deputy �•�t•1,
7
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on May 13 , 20 14 , in the office of the Fresno County Recorder, as
Document No. 2014-0053361-00 of which the Deed of Trust in, by and between
Fowler Development Company, Inc. as Trustor,
Old Republic Title Company as Trustee
and Locans Investments, LLC Beneficiary,
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 Certain
Public Improvements for the Final Map of Tract No. 6110.
DATED:
BENEF 7L,0C•9IvS �A/VCSTM ENT
By: S, L LC
Name: Farid Assemi
Title: President
By:
Name:
Title:
(Beneficiary to printltype document
information, Name, Title and attach Notary
Acknowledgment)
ACKNOWLEDGMENT
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 August 10, 2017 before me, Madelyn Cuellar, Notary Public
(insert name and title of the officer)
personally appeared Farid Assemi
who proved to me on the basis of satisfactory evidence to be the person(*whose name(s) is/afe
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/k►e4th&authorized capacity(4ee), and that by his/hi�r signature(&) on the instrument the
person(&), or the entity upon behalf of which the person(m4 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.
MADELYN CUELLAR
WITNESS my hand and official seal. Commission*2103017
Notary Public-California
Fresno County
.Comm. mea Mar t3 2019 r
Signature � �_•�x-� (Seal)
9
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on September 14 , 20 15 , in the office of the Fresno County Recorder, as
Document No. 2015-0118377-00 of which the Deed of Trust in, by and between
Fowler Development Company, Inc. as Trustor,
Old Republic Title Company as Trustee
and Locans Investments, LLC , Beneficiary,
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 Certain
Public Improvements for the Final Map of Tract No. 6110.
DATED:
BENEFICIARY G oC/41IS IRV r-Z-r !'I CMTS, I- LC,
By:
Name: Darius Assemi
Title: Member
By:
Name:
Title:
(Beneficiary to print/type document
information, Name, Title and attach Notary
Acknowledgment)
!4
A\'.11.113-11I'.'T :1.(:\I I:"1• .'1:\'. X1.1:1( -
-L.-California All-Purpose Certificate of Acknowledgment
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 (-YeSYIG S.S.
On A ( before me, Carl KaGi -(Z,�Z Notaftu f tr he ,
Plans::c�rr Rub:ic.T tle
personally appeared �cQ ri Us -A 5ay I
Name of Sinner;1)
Narre-ff-tri ner(7)
who proved to me on the basis of satisfactory evidence to be the person(} whose name(e)
is/pxZsubscribed to the within instrument and acknowledged to me that he/s+le/they executed
the same in hislrheT tj: i&authorized capacity;(i ), and that by his/hEr/thl5lr signature(,a'f on the
instrument the person, or the entity upon behalf of which the personal acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph isERIKA PELATO•LOPR
true and correct. c COMM. 02177552 z
Notary Public•California
s Fresno County
WITNESS my hand and official seal. Comm.Expires Dec.30,2020
I'daun�( Seal
Signature o otary Publi
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachm of
this acknow!eclament to an unauthorized document and may prove useful to persons relying on the attached cement.
Description of Attached Document =: a.�.. s.:,
-fQ' :.dv y.'1�y1)G y�o,.�J I:,.�all?i'�}i'' o.SU:'
The preceding Certificate of Acknowledgment is attached to a Method of Signer I tification
document.titled/for the purpose of Proved to on the basis of satisfactory evidence:
orm(s)of identification ❑credible witness(es)
containing pages, and dated Notarial event is detailed in notary journal on:
The signer(s)capacity or authority is/are as: Page# Entry#
❑ Indiv:dual(s) Notary contact:
❑ Attorney-in-fact
❑ Corporate Officer(s) other
Titla(s' ❑ Additional Signer g ❑ Signer(s)Thumbprints(s)
Eli
❑ Guardian/Conservator
❑ Partner-Limited/Ge al
❑ Trustee(s)
❑ Other:
repre ting:
Nameisi gf Person(s)EnLt.I(ies)Signer is Pepre sen ling
s 2oG:�-2015 Notary Learning Center-All Rights Reserved You can purchase copies of this form from our web site at w1w:.TheNotarysStore.com
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EXHIBIT A
Covenanter's Initial Date
NOTICE OF SPECIAL TAX
CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11,
COUNTY OF FRESNO, STAE OF CALIFORNIA
TO: THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY KNOWN AS:
Final Tract Map No. 6110, Lot No.: A.P.N. No.:
THIS IS A NOTIFICATION TO YOU PRIOR TO YOUR ENTERING INTO A CONTRACT TO PURCHASE THIS
PROPERTY. THE SELLER IS REQUIRED TO GIVE YOU THIS NOTICE AND TO OBTAIN A COPY SIGNED BY YOU
TO INDICATE THAT YOU HAVE RECEIVED AND READ A COPY OF THIS NOTICE.
(1) This property is subject to a special tax, which is in addition to the regular property taxes and any other charges,
fees, special taxes, and benefit assessments on the parcel. It is imposed on this property because it is a new
development, and may not be imposed generally upon property outside of this new development. If you fail to pay this tax
when due each year, the property may be foreclosed upon and sold. The tax is used to provide public facilities or
services that are likely to particularly benefit the property. YOU SHOULD TAKE THIS TAX AND THE BENEFITS FROM
THE FACILITIES AND SERVICES FOR WHICH IT PAYS INTO ACCOUNT IN DECIDING WHETHER TO BUY THIS
PROPERTY.
(2)The maximum special tax which may be levied against this parcel to pay for ongoing maintenance of public facilities
is $46.67 per lot annually for Fiscal Year 2017-2018 (valid through June 30, 2018.) The maximum special tax shall be
adjusted annually by +3% plus the increase, if any, in the construction cost index for the San Francisco Region for the
prior twelve(12)month period as published in the Engineering News Record (as applicable).
(3)The authorized facilities which are being paid for by the special taxes, are:
Maintenance of all above infrastructure, including concrete curbs and gutters, valley gutters, major street median island
capping, sidewalks and curb ramps, street lighting, and local street paving within and adjacent to Final Tract Map No.
6110.
These facilities may not yet have all been constructed or acquired and it is possible that some may never be constructed
or acquired.
YOU MAY OBTAIN A COPY OF THE APPROVED RESOLUTION WHICH ANNEXED TERRITORY AND AUTHORIZED
THE LEVY OF A SPECIAL TAX FOR ANNEXATION NO. 81 OF COMMUNITY FACILITIES DISTRICT NO. 11 AND
WHICH SPECIFIES MORE PRECISELY HOW THE SPECIAL TAX IS APPORTIONED AND HOW THE PROCEEDS OF
THE TAX WILL BE USED, FROM THE CITY CLERK'S OFFICE OF THE CITY OF FRESNO BY CALLING (559) 621-
7650. THERE MAY BE A CHARGE FOR THIS DOCUMENT NOT TO EXCEED THE REASONABLE COST OF
PROVIDING THE DOCUMENT.
I (WE) ACKNOWLEDGE THAT I (WE) HAVE READ THIS NOTICE AND RECEIVED A COPY OF THIS NOTICE PRIOR
TO ENTERING INTO A CONTRACT TO PURCHASE OR DEPOSIT RECEIPT WITH RESPECT TO THE ABOVE-
REFERENCED PROPERTY. I (WE) UNDERSTAND THAT I (WE) MAY TERMINATE THE CONTRACT TO PURCHASE
OR DEPOSIT RECEIPT WITHIN THREE DAYS AFTER RECEIVING THIS NOTICE IN PERSON OR WITHIN FIVE
DAYS AFTER IT WAS DEPOSITED IN THE MAIL BY GIVING WRITTEN NOTICE OF THAT TERMINATION TO THE
OWNER, SUBDIVIDER, OR AGENT SELLING THE PROPERTY.
DATE: Buyer:
Seller: Buyer:
IZ