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HomeMy WebLinkAboutT-6056 - Agreement/Covenant - Landscape Maintenance - 12/29/2017 RECORDING REQUESTED BY IIII III I IIII II II II IIII I III III I IIID I IIII IIII II II AND WHEN RECORDED MAIL TO: FRESNO County Recorder City Clerk Paul Dictos, C,P,R, City of Fresno ' DOC— 2017-0168964 2600 Fresno Street Acct 8002-Old Republic Title CONCORD Fresno, CA 93721-3603 Friday, DEC 29, 2017 08:00:00 Tt 1 Pd $77.00 Rcpt # 0004912192 RGR/E3/3-14 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. 60569 PHASE 1 OF VESTING TENTATIVE MAP NO. 6056 STATEMENT OF COVENANTS Landscape Maintenance Tract No.6056 Page 2 RECITALS WHEREAS, WC ASHLAN HAYES, LLC, a California .Limited Liability Company, 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 46, 47, 59, 60, 72, 91, 98 99, 106 and 107 of the Final Map of Tract No. 6056 according to the map thereof recorded on .-2.4 ,2019 in Volume of Plats at Page(s) '7/ Fresno County ecords; 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. 13403 of the Fresno City Planning Commission conditionally approved Vesting Tentative Map No. 6056, 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 5 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 V STATEMENT OF COVENANTS Landscape Maintenance Tract No.6056 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 5 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" STATEMENT OF COVENANTS Landscape Maintenance Tract No.6056 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 parry in anticipation of and/or during the course of litigation,whether or not otherwise recoverable as"attomeys'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 ora 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. v\ STATEMENT OF COVENANTS Landscape Maintenance Tract No.6056 Page 5 DATED: 20 /7 CITY OF FRESNO, COVENANTOR a Municipal Corporation WC ASHLAN HAYES, LLC Public Works Department A California Limited Liability Company Scott Mozier, P.E., Director By: JPF CAPITAL, LLC A California Limited Liability Company, Its Sole Member By: �4/ By: Andrew J. B eIli, P.E., Assists t Director Jos Peterson, President APPROVED AS TO FORM: DOUGLAS T. SLOA City Attorney (Attach Notary Acknowledgment) By: C� Mary Raterman-Doidge Deputy City Attorney Date: vl CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 �L'�'h n n«^�-.ncC.c-G.rf�^�nc'C�.s-�.�=l,.e=K sP�'n n�.e=,!•.c�.cC'�,r�-.nom-,n�.n�nn �c.c�(:�n„e�t`- - - - - - - - - - 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 OnNtyevy\6ev19, 2011 before me, Joyaaj j� ,���ate.•� }�vbl�c. , Date 0 Here nsert Name at4 Title of the Officer personally appeared ��06�1u�� -�XgtS1/1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(b) whose name(, is/are subscribed to the within instrument and acknowledged to me that he/sem/tWy executed the same in his/Vir/thcelr authorized capacity(i4), and that by his/hdr/tl; i&signature(s)on the instrument the personkg), or the entity upon behalf of which the person(o acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph JOY POENG is true and correct. NOTARY PUBLIC-CAUFORNIA ® COMMISSION#.2215801 WITNESS my hand nd official seal. FRESNO COUNTY My Comm.Exp.September 23,2021 Signature SignatureW 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 — ❑ Limited El 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: 02016 National Notary Association • www.National Notary.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 December 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 �.�y °F fAFsy By 4'k1'L2� Deputy SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on V� 2h1�X in the office of the Fresno County Recorder as Documentn-Dl� of which the Deed of Trust in by and between: A CQ�\b )\til�� a�Jl_ cat\1 as Trustor, v -e \, as Trustee, and C YI �as 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 Landscape Improvements for Certain Lots of the Final Map of Tract No. 6056, Phase 1 of Vesting Tentative Map No. 6056. DATED:_NMy'n r}Q( I4, BENEFICIARY 4 /ISSE/Mt 9907P (6 LiLG A �UI�o2N/A G/AQiG�T; c0/Yipq�,,7 Name: TCk('0 R�Qy\l t Title: By: �. Name: I SL'V'kk Title: (Beneficiary to printftype 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 of California ) County of�5�� On Noyew—i; \4 ,` 3S\-4 before me, CA , Date Here Inse ame and Title of the 104icer personally appeared ck(\ S WC Nameo of Signerl) who proved to me on the basis of satisfactory evidence to be the personX whose name isfare subscribed to the within instrument and acknowledged to me that he/sheAh&7 executed the same in his/berAheir authorized capacity(), and that by his/herftheir signatureo)on the instrument the person, or the entity upon behalf of which the person 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. Ky RINAPublic INGRAO WITNESS m h nd official seal. Notary Public-California y Z ,-: Fresno County = _ Commission#2167877 My Comm. Expires Oct 14,2020t Signature Signature o N ary 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 — ❑ 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: ©2016 National Notary Association •www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 v \ 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 ) County of�(n&.6 ) On IyMMb. ( \ ,LA'4 before me, k �- Date l \\ l Here Inse me and Title of the fficer personally appeared Name) of Signer who proved to me on the basis of satisfactory evidence to be the perso.�K whose name is/am subscribed to the within instrument and acknowledged to me that he�,�ey executed the same in hisA 490- reir authorized capacity and that b his/klerAheir signature on the instrument the person; or the entity upon behalf of which the person 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. KATRINA INGRAO WITNESS my h fficial seal. Notary Public•California j: / 1, aeMy Fresno County z ZCommission 2167877 Comm.Expires Oct 14,2020t Signature Signature of total 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 — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator Ll Trustee ❑ Guardian or Conservator ❑Other: F1 Other: Signer Is Representing: Signer Is Representing: L06 ^t cQ 02016 National Notary Association • www.Nationa[Notary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 �Q SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on. June 15 , 20 16 , in the office of the Fresno County Recorder, as Document No. 2016-077130 of which the Deed of Trust in, by and between WC Ashlan Hayes, LLC, a California limited liability company as Trustor, Old Republic Title Company,a California corporation as Trustee and Ashlan & Hayes Investments, LLC, a California limited liability company , 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. 6056, Phase 1 of Vesting Tentative Map No. 6056. DATED, November 14, 2017 BENEFICIARY xl/Uldllltya 1NVrS-119GNrj�1G-r– � G�Y[•1Ga2ivrA l�i�ti—�0 is 14,911"ry Ce m plm y By: — By: � Name: Darius Assemi Name: Nee a Assemi Title: Manager Title: Manager Y Name: Kevin Assemi Title: Manager (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 of California ) County of �X( A Q ) On N(N eVYIc5,. _"before me, I \ �J C , DateI�l/�� Here Ins � a 1me and Title of he Officer personally appeared A_w ,w, Ir`SSe V,-.1 t Name) of Signer) who proved to me on the basis of satisfactory evidence to be the person whose names) is/arm subscribed to the within instrument and acknowledged to me that he/fey executed the same in his/herf#F r authorized capacity(,and that by his/he4their signature on the instrument the person',a or the entity upon behalf of which the person 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. KATRINA INGRA0 WITNESS my han n o ial seal. Notary Public-California Z •-e Fresno County Z Commission#2167877 MY Comm. Expires Oct 14,2020 Signature Signature of NotaryPu lic 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 — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact LJ Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator 17 Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 �V 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 ) County of TTCI [1 OnybR Mh.Q( before me, i47 r , Date Here Inse me and Title of the 4ficer personally appeared I NameWof Signe who proved to me on the basis of satisfactory evidence to be the persono whose name is/are subscribed to the within instrument and acknowledged to me that he/shettfTey executed the same in his/heTlMe&authorized capacity(ipsf, and that by his/her4heir signature`on the instrument the personX,, or the entity upon behalf of which the personXacted, executed the instrument. J I certify.under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my a official seal. KATRINA INGRAO Notary Public -California = Z ..� Fresno County Signature Commission*2167877 My Comm.Expires Oct 14,2020 Signature o ota 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 — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact LJ Individual Cl Attorney in Fact ❑Trustee LJ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: LJ Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association •www.National Notary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 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 ) County of II ,, ) On November Ib,201-7 before me, U iM(L Lev VGA D TV1 (2— Date Date f� Here 1 sert Name and Tide of the Officer personally appeared ASS E H I NameW'of Signe who proved to me on the basis of satisfactory evidence to be the personiWwhose name is�4-twe— subscribed to the within instrument and acknowledged to me that he/s4eft ay executed the same in his/heWthreir authorized capacity(w, and that p >s/he6&&reir signature.(s)on the instrument the personal, or the entity upon behalf of which the personW 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. LIANA LEYVA WITNESS m and and official seal. Commission#2078341 z ,:m Notary Public-California z -M— �a, S�_g� a , Z Fresno County My Comm.Ex ires Au 17,2018+ Signature _ Signature of Notaublic 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: El 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: 02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907