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Home My WebLink AboutT-5967 - Agreement/Covenant - 5/17/2016 (3) WHEN RECORDED MAIL TO: FRESNO County Recorder City Clerk Paul Dictos, C.P.A. City of Fresno DDC— 201 E-00E 1917 2600 Fresno Street Acct 73-Stewart Title Bakersfield Fresno, CA 93721-3603 Tuesday, MAY 17, 2016 08:00:00 Ttl Pd $0.00 Rcpt # 0004532850 Ftr NO FEE -Government Code 6103 CITY OF FRESNO Public Works Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE MAINTENANCE OF LANDSCAPE IMPROVEMENTS FOR LOT 1 OF THE FINAL MAP OF TRACT NO. 5967 STATEMENT OF COVENANTS Landscape Maintenance Tract No.5967 Page 2 RECITALS WHEREAS, ABN INVESTMENTS 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: Lot 1 of the Final Map of Tract No. 5957 according to the map thereof recorded on dof 1�? 201 G in Volume -25 of Plats at Page(s) *29 ,t- 7�, 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 apart of this instrument; and WHEREAS, Resolution No. 13017 of the Fresno City Planning Commission conditionally approved Vesting Tentative Map No. 5967, 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 landscape area described as the west 20 feet of the Subject Property; and WHEREAS, Covenantor has elected to satisfy this maintenance condition by Covenantor's personal responsibility; and STATEMENT OF COVENANTS Landscape Maintenance Tract No. 5967 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 landscape area described as the west 20 feet of the Subject Property 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. S. 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, T. If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Statementof 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.5967 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. `i' STATEMENT OF COVENANTS Landscape Maintenance Tract No. 5987 Page 5 DATED: APRIC- 22 CITY OF FRESNO, COVENANTOR a Municipal Corporation ABN INVESTMENTS LLC, Public Works Department A California Limited Liability Company Scott Mozier, P.E., Director Of By: By: Andrew J. nelli, P.E., Assistant Director Raj S gn, esident APPROVED AS TO FORM: DOUGLAS T. SLOAN (Attach Notary Acknowledgment) City Attorney By: Tpell Raterrnan-Doidge uty City Attorney y Date: �rf �Y 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 Califomia ] County of Fresno } On APLril 22, 2015 before me, Marco Martinez-Velasquez, Deputy City Clerk, personally appeared, Andrew J. Benelli Assistant Director of Public Works of the Ci of Fresno who proved to me on the basis of satisfactory evidence, to be the person(s)whose name(s) islare 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 persons), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURYunder the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal YVCNNE SPENCE, CMC City Clerk, City of Fresno �`t� °F n �w a+r Bytet.--- Deputy ACKNOWLEDGMENT .State of California County of Fresno y On November 5, 2014 before me, Sukhpal Hayer-Notary Public (insert name and title of the officer) personally appeared Raj Singh 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 helshelthey executed the same in hislherltheir authorized capacity(ies), and that by his/her/their signatures) 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 Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 00 SUco M,#2o 3 78 R (9NOTARY PUBLIC-CALIFORNIAQ sdFRESNO COUNTY 0 :0kA ut.EXPIRES MAY 4,2017 Signature eal SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on M&rMr 0-266 , in the office of the Fresno County Recorder as Document No.c; l61 -OD 1-727'- of which the Deed of Trust in by and between: Un- tl as Trustor, t� k as Trustee, and Y , as Beneficiary, hereby expressly subordinates said D d of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for the Maintenance of Landscape Improvements for Lot 1 of the Final Map of Tract No. 5967. DATED: ye, �- BENEFICIARY Thr SC r7' 21NK By: &'% ) d -- Name:-Y e- Y,'A Title: - P Se- 1 i gni,'r!(i !e�2 r By: Name: Title: (Beneficiary to printJtype document information, Name, Title and attach Notary Acknowledgment) b CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ?O On tf_ _ before me, jah 0, , Date ere IrlSert Name and Tift 01 the otliCer personally appeared �Shwarn �We�p_ hlame(s)vl5igrier{s1 who proved to me on the basis of satisfactory evidence to be the perso*) whose name(s) is13*8 subscribed to the within instrument and acknowledged to me that hels4eftlay executed the same in hi~/d eiT authorized capacity(*, and that by histherltheir signatureN on the instrument the personK, or the entity upon behalf of ENSPAMELA KAY ALLEGROwhich the persono acted, executed the instrument. Commission* 1973433 Notary Pablic -California 2 1 certify under PENALTY OF PERJURY under the laws Fresno County of the State of California that the foregoing paragraph.is M Comm. Expires Apr 25,2016 J true and correct. WITNESS my and offi i ea. Signature PIeCC Tlolary Seal RCOVn S:gnaiure al jjarubric OPTIONAL though the informs'hon below is not required by law, it may prove valuable to persons relying on he document and could prevent fraudulent removal and reaftachment of this form to anot er document. Description of Attached Document Title or Type of I)ccument: _ Document Date: Number of Pages: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: __- Signer's Name: ❑ Individual El Individual ❑ Corporate officer—Title(s): Corporate Officer—Title(s): ❑ Partner--❑ Limited D General j. _ ElPartner--L' Limited ❑General El Attorney in Fact El Attorney in Fact Cl Trustee lop of tltumb ti&e G Trustee [OF)of thumb here G Guardian or Conserva ❑Guardian or Conservator ❑ Other: F1 Other: Signer Is Repre nting: Signer Is Representing- 0 Naliorwl NCtary Association-9350 De Soto Ave..P.o.6ax 2402-ChaMworth.CA 93313.2402•www-NaG0na1N0tary.arg QCM45907 F4@5rder:Cal1TdF•Fred1.8W-87&6827 rI