HomeMy WebLinkAboutT-6030 - Agreement/Covenant - Landscape Maintenance - 6/7/2018 .
RECORDING REQUESTED BY IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIILIIII T
AND WHEN RECORDED MAIL TO.
FRESNO County Recorder
City Clerk Paul Dictos, U.P.
City of Fresno DDC— 2018-0067124
2600 Fresno Street Acct 8002-Old Republic Title CONCORD
Fresno, CA 93721-3603 Thursday, JUN 07, 2018 08:00:00
Tt 1 Pd $218.00 Rcpt # 0@0501@063
ARG/R3/3-11
NO FEE - Government Code 6103
and 27388.1(a)(2)(D)
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. 6030,
PHASE 2 OF VESTING TENTATIVE MAP NO. 5717
STATEMENT OF COVENANTS
Landscape Maintenance
Tract No. 6030
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 16, 23 and 52 of the Final Map of Tract No. 6030 according to the
map thereof recorded on `17
0-p 71 -?-D/g in
Volume6Sof Plats at Page(s) !Z!f /0, 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. 12705 of the Fresno City Planning Commission conditionally
approved Vesting Tentative Map No. 5717, 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 ("Citys") 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 Citys 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
ti
STATEMENT OF COVENANTS
Landscape Maintenance
Tract No. 6030
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. 6030
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"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 attomeys' 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
Landscape Maintenance
Tract No. 6030
Page 5
DATED: Mel Y
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
FOWLER DEVELOPMENT COMPANY, INC.
Public Works Department A California Corporation
Scott Mozier, P.E., Director
01
By: By:
drew J. 4111i, P.E., Assistant Director Darius Assemi, enio ice President
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney (Attach Notary Acknowledgment)
By:
_zz
Raterman-Doidge
eputy City Attorney
Date: /G �G G
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 April 20, 2018 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(e) whose name(.&) is/
subscribed to the within instrument and acknowledged to me that he/ eexecuted the same in
his/weir authorized capacity4e64, and that by his h r signature(s4 on the instrument the
person(&), or the entity upon behalf of which the person(oacted, 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.
MAOELIIN CUELLAA-
WITNESS my hand and official seal. Commission#2103017 =
4 Nohry Public-Callbrnla
= Fresno County
Comm.Mires 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 May 18, 2018 before me, Marco Martinez-Velasquez, Deputy City Clerk, personally
appeared, Andrew J. Benelli, P.E., Assistant Director of Public Works Department of the City of
Fresno, who proved to me on the basis of satisfactory evidence, to be the person(s)whose
name(s) is4re 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 fRF,
y
CD
r o
z +
• n
CI
By - t�
Deputy
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on December 11, 2008 , in the office of the Fresno County Recorder
as Document No. 2008-0169447 of which the Deed of Trust in by and between:
Locans Investments, LLC a Calitornia Limited Liability Company and
ASSPmi Brothers LLC:, a California Limited Liability Company as Trustor,
First American Title Company , as Trustee,
and U.S. Bank National Assoc. dba Housing Capital Company , 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. 6030, Phase 2 of
Vesting Tentative Map No. 5717.
DATED:
BENEFICIARY
n ,
By:
U.S. Bank National Assoc. dba Housing Capital Company
Name: Carrie L. Duran
Title: V.P.
By:
Name:
Title:
(Beneficiary to prinbtype 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 April 23, 2018 before me, Madelyn Cuellar, Notary Public
(insert name and title of the officer)
personally appeared Carrie L. Duran
who proved to me on the basis of satisfactory evidence to be the person{-j)whose name{.&) is/are-
subscribed to the within instrument and acknowledged to me that he/ ay executed the same in
his/her hen authorized capacity(tes), and that by hisAie##:Reir signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(e-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 COft LLAR
WITNESS my hand and official seal. Commission#2103017 Z
Notary Public-California
Fresno County
Comm.Ex fres Mar 13,2019
Signature /� (Seal)
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on September 14, 2015 , in the office of the Fresno County Recorder
as Document No. 2015-0118378 of which the Deed of Trust in by and between:
Fowler Development Company, Inc a California Corporation as Trustor,
Old Republic Title Company , as Trustee,
and Locans Investments, LLC a California Limited Liability Company , 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. 6030, Phase 2 of
Vesting Tentative Map No. 5717.
DATED: M al/III ZU IS"
BENEFICIARY
Z_acewx�INKAI-7-1E��'�A ��� CetitP�Xr
By:
Name: Darius Assemi
Title: Trustee of the Amended and Restated
Darius Assemi Revocable Trust, Member
By:
Name:
Title:
(Beneficiary to print/type document
information, Name, Title and attach Notary
Acknowledgment)
�O
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 May 1, 2018 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 persons-)whose name(&) is/afe-
subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in
his/ke0their authorized capacity(4ac& , and that by hisAherfth it signature(&) on the instrument the
person(.&), 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.
MADELYN CUELLAR
WITNESS my hand and official seal. Commission#2103017
Notary Public-California i
Fresno County
MY Comm.Expires Mar 13,2019
Signature (Seal)