HomeMy WebLinkAboutT-5838 - Agreement/Covenant - 6/24/2011 WHEN RECORDED MAIL TO:
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Z City of Fresno
z 2600 Fresno Street
(> Fresno, CA 93721-3603
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CITY OF FRESNO
Public Works Department
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS
FOR THE FINAL MAP OF TRACT NO. 5838, PHASE-1 OF VESTING
TENTATIVE MAP NO. 5838
STATEMENT OF COVENANTS
CFD Maintenance
Tract No.5838
Page 2
RECITALS
WHEREAS, COPPER RIVER SOUTHWEST, 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 95, inclusive, and Outlots A, B, and C of the Final Map of Tract
No. 5838 according to the map thereof recorded on Jyg.L,6 in
Volume '?)i of Plats at Page(s) q 7 q06 ftvt,q , Fresno County Records;
and
WHEREAS, the Covenantor hereby warrants that any and all parties having record title
interest in the Subject Propertywhich 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. 12713 of the Fresno City Planning Commission conditionally
approved Vesting Tentative Map No. 5838, 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 EXH IBIT"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 ("Citys") Community Facilities District; and
WHEREAS, Covenantor has elected to satisfy 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. 5838
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
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 5838
Page 4
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 bythe 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.
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 5838
Page 5
DATED: +/ 4✓le-- /(,, 2D 11
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
COPPER RIVER SOUTHWEST, INC.,
Public Works Department a California Corporation
Patrick Wiemiller, Director
By. By:
Scott ozier, P.E., Assist Director Christine Lingenfellef, Afistan ecretary
APPROVED AS TO FORM:
JAMES C. SANCHEZ (Attach Notary Acknowledgment)
City Attorney
By:
ha Cl4affin
Depu` City Attorney
Date: �� f
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On 25 r 201, before me, 1AyO2GLI.( n • tel L Q t", Y}C�fu u lob I C'�
Date Here Insert Name and Title of the Officer
personally appeared
Name(s)of Signer(s)
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
_'4h�rOlthe/she/they executed the same in his/her/their authorized
QMADELYN J. CUELLAR capacity(ies), and that by his/her/their signature(s) on the
Commission 17641764882Notary Public -California instrument the person(s), or the entity upon behalf of
Fresno County which the person(s) acted, executed the instrument.
MY Carne.t3lplrat/wq Sl.2011
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 OA,
Place Notary Seal Above nature of N ry Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another 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:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General _ _ ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact ❑Attorney in Fact •
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationatNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On June 17, 2011 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared,
Scott Mozier, P.E. Assistant Director, Public Works Department, 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
REBECCA E. KLISCH, CMC
City Clerk, City of Fresno
G�t4 of pp
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Deputy e?*rEi acl.��,
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on / , in the office of the Fresno County Recorder
as Document No. of which the Deed of Trust in by and between:
Yk/latr�piL [�/� r-n as Trustor,
hr RrYW-7C , as Trustee, and
1 e eem Q � fl6eneficiary,
hereby e essly subordinates said Dee of Trust and its beneficial interest thereto to the
foregoing Statement of Covenants Affecting Land Development for the Maintenance of Certain
Improvements for the Final Map of Tract No. 5838, Phase-1 of Vesting Tentative Map No. 5838.
DATED: ' r + ';kj [
BENEFICIARY DFP F"?aDCjt 1
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By:
Name:narnz
Title; Q r
By:
Name:
Title:
(attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of TI—reSVI O
On V\ M ZS- ZDV before me,
Date Here Insert Name and Title of the Officer
personally appeared (1 1�c�Y1nQS (j. W9
Names)of Signer(s)
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
MADELYN J. CUELLAR capacity(ies), and that by his/her/their signature(s) on the
CommisWon # 1764882 instrument the person(s), or the entity upon behalf of
-,. - Notary Public -California which the person(s) acted, executed the instrument.
Fresno County
WOWMEVkWA031,2011
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�andd official seal. n Q e
SignatureWGLd 42
f_ � . l�:-�-LUa.`
Place Notary Seal Above Ognature of Wtary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another 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:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact ❑Attorney in Fact •
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.NationaiNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827
EXHIBIT "A"
Covenanter's Initial Date
NOTICE OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 11
COUNTY OF FRESNO, CALIFORNIA
TO: THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY KNOWN AS:
Tract No. 5838, 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 $603.00 during the 11-12 tax year (valid through June 30, 2012.) 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, and by the money received from the
sale of bonds which are being repaid by the special taxes, are:
A portion of Final Tract Map No. 5838 will be maintained by the CFD No. 11, Annexation 43. Maintenance and
servicing includes landscaping and irrigation systems within street and landscaping easements and Outlots A and
B, concrete curbs and gutters, valley gutters, median curbs, hardscaping, sidewalks, curb ramps, alley curb,
gutter and approaches, alley and street paving, street signage and street lighting associated with the interior local
streets of the subdivision. In addition, maintenance includes a special shade shelter, pet posts, and park features
to be within Outlot A.
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 RESOLUTION OF FORMATION WHICH AUTHORIZED CREATION OF THE
COMMUNITY FACILITIES DISTRICT,ANNEXATION 43 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: