HomeMy WebLinkAboutT-6030 - Agreement/Covenant - CFD Maintenance - 6/7/2018 . ..........
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO: III I III III II
IIII III I IIII II II IIII I IIIII I II III IIII
FRESNO'County 'Recorder
City Clerk Paul Dictos, C.P.A.
City of Fresno DDC— 2018-0067127
2600 Fresno Street Acct 8002-old Republic Title CONCORD
Fresno, CA 93721-3603 Thursday, JUN 07, 2018 08:00:00
Ttl Pd $221.00 Rcpt # 0@@5@1@@66
ARG/R3/3-12
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 CERTAIN PUBLIC IMPROVEMENTS
FOR THE FINAL MAP OF TRACT NO. 6030, PHASE 2 OF VESTING
TENTATIVE MAP NO. 5717
STATEMENT OF COVENANTS
CFD 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 1 through 108, inclusive of the Final Map of Tract No. 6030 according to
the map thereof recorded on IU- 17f— 7, z01,V ,
in Volume 03 of Plats at Page(s) O , 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. 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, 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 ("Citys") 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. 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. 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
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 6030
Page 4
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, "attomeys'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
parry'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 attorneys' fees.
8. The waiver by either parry 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.6030
Page 5
DATED: IM Y
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
FOWLER DEVELOPMENT COMPANY, INC.
Public Works Department A California Corporation
Scott Mozier, P.E., Director
By: By:
Andrew J. Bene , P.E., Assistant Director . Dari , enior Vice President
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By: (Attach Notary Acknowledgment)
aterman-Doidge
eputy City Attorney
Date: l Y
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 personko whose namekr) is/are-
subscribed to the within instrument and acknowledged to me that he/s4aA4" executed the same in
his/herlth&authorized capacity0es), and that by his/4e4the+r signatureM 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.
- - - - - - - - - - - - - - - - - - -
MADELYN CUELLAR
WITNESS my hand and official seal. jAemConiffilsslon 2103017
I Notary Public-California 9!
= Fresno County
My Comm.Ex ares 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) 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
�y O F FRf
YVONNE SPENCE, CMC
City Clerk, City of Fresno
9q (yam'+ 0
11VV �
047 QED OCt•11
By
Deputy
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on December 11 , 20 08 , 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 Cahlorma Limited Liability Company and
Assemi Brothers, LLC�a California Limited T.iahili rC Company , as Trustor,
First American Title Company , as Trustee
and U.S. Bank National Assoc. dba Housing Capital 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. 6030, Phase 2 of Vesting Tentative Map No.
5717.
DATED:
BENEFICIARY
By:
U.S. Bank National Assoc. dba Housing Capital Company
Name: Carrie L. Duran
Title: V.P.
By:
Name:
Title:
(Beneficiary to print/type 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(owhose name(ej is/afe-
subscribed to the within instrument and acknowledged to me that he/she" executed the same in
his/f eirauthorized capacity(), and that by his/herAheisignature(s4 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.
MADELYN CUELLAR
WITNESS my hand and official seal. Commission s 2103017
-s Notary Public-California =
Z Fresno County
My Comm.Expires Mar 13,2019
Signatures (Seal)
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. 2015-118378 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 , 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. 6030, Phase 2 of Vesting Tentative Map No.
5717.
DATED: ►v -;_0 18-
BENEFICIARY
L0C9�rs �/v(v iti zc�/i�` l�C d
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 personH whose name(* is/aFe-
subscribed to the within instrument and acknowledged to me that he/fey executed the same in
hisihe4theif authorized capacity4es), and that by his/hei4their signature() on the instrument the
person(sa, 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
Commission#2103017
WITNESS my hand and official seal. = e Notary Public-California i
= Fresno County
M .Comm.Ufires Mar 13,2019+
Signature ��e 1jf �� (Seal)
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. 6030, 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 $947.05 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 landscaped areas, irrigation systems, trees, hardscaping, and park amenities located in Outlots A, B
and C within and adjacent to Final Tract Map No. 6030. Maintenance of all concrete curbs and gutters, valley gutters,
sidewalks and curb ramps, local street paving, street name signage and street lighting associated with Final Tract Map
No. 6030. Final Tract Map No. 6030 is Phase I of Vesting Tentative Map No. 6030 and will share the costs for all
Services in common with all final maps annexed to the Community Facilities District No. 11 within Vesting Tentative Map
No. 6030.
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. 88 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: