HomeMy WebLinkAboutT-6003 - Agreement/Covenant - 12/10/2013 WHEN RECORDED MAIL TO:
City Clerk 1210412013,20130164211
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE - Government Code 6103
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STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS
FOR THE FINAL MAP OF TRACT NO. 6003, PHASE 1 OF VESTING
TENTATIVE MAP NO. 6003
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 6003
Page 2
RECITALS
WHEREAS,COPPER/MAPLE NO.4,INC,A Delaware 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 54, inclusive, of the Final Map of Tract No. 6003 according
to the map thereof recorded on 13 in
Volume _K- of Plats at Page(s) (o4 + ,yu 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. 13168 of the Fresno City Planning Commission conditionally
approved Vesting Tentative Map No. 6003, 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 ("City's") 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. 6003
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
or action shall be entitled to recover from the other party its reasonable attorney's fees and legal
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 6003
Page 4
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 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.
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 6003
Page 5
DATED: 11-2-1- 1-3
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
COPPER/MAPLE NO.4, INC.,
Public Works Department A Delaware Corporation
Patrick Wiemiller, Director
By: By: ,l
Scott fflozier, P.E., Assi . nt Director Robert A. McCaffrey,
Chief Executive Officer
By:
rent M. M c C Or&
APPROVED AS TO FORM: President
DOUGLAS T. SLOAN
City Attorney
(Attach Notary Acknowledgment)
By: -
lia Kollu - a ck
Deputy City Attorney
Date: Imo '
CLERK'S CERTIFICATION
State of California)
County of Fresno )
On November 25, 2013, before me, Cindy Bruer, Deputy City Clerk, personally
appeared Scott Mozier, Assistant Public Works Director 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 be 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), acted, executed the
instrument.
I certify under PENALTY OR 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
4F FRE'
By
Qoputy ti
O h'
STATE OF CALIFORNIA )
SS.
COUNTY OF FRESNO )
On September 30, 2013, before me, Michele L. Hogan, Notary Public,
personally appeared, Robert A. McCaffrey and Brent M. McCaffrey, who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) are
subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacity(ies), and that by their signature(s) on the
instrument the person(s) or the entity(ies) on behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
f` f
r
Notary Public L
L.S. My Commission fres: Ap l 29, 2015
MICHELE L. HOGAN
Commission # 1931224
a"ori Notary Public -California i
Z Fresno County
My Comm.Expires A r 29,2015
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on A , 2,013 in the office of the Fresno County Recorder
as Document No. 2-013-6yos 2-ib-ob of which the Deed of Trust in by and between:
�� �Y1'taDk t 6 4 Inc.. ,n SUM& Cor?JJ0A as Trustor,
651 Amcrica-n ► tomm.%q as Trustee,
and LLS BonK N :kQn4 a4io "JAJ Cc,*W "1 04 , 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 Certain
Improvements for the Final Map of Tract No. 6003, Phase 1 of Vesting Tentative Map No. 6003.
DATED: /� 3
BENEFICIARY6°"� �0n°'� ' `
i
By: 7
Name: Tk LAI'
Title: ,ft K: v,
By:
Name:
Title:
(Beneficiary to print/type document
information, Name, Title and attach Notary
Acknowledgment)
STATE OF CALIFORNIA )
SS.
COUNTY OF FRESNO )
On October 1, 2013, before me, Michele L. Hogan,Notary Public, personally
appeared, Thomas G. Walker, who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that
by his signature on the instrument the person or the entity on behalf of which the
person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
My Commission Exes: Apr' 29,1015
L.S.
MICHELE L. HOGAN '
Commission # 1931224
a =w Notary Public -California z
Z Fresno County r
Icy Comm.Fx fres A4 29,2015
EXHIBIT A
Covenanter's Initial Date
No-nCE 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. 6003, 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 $ 34.22/lot during the 2012-2013 tax year (valid through June 30, 2013.) 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 Services 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 as follows:
The landscaping, trees, irrigation system and median edging within the median island in North Maple Avenue and the
concrete curbs, gutters and valley gutters along East Copper Avenue and East Maple Avenue frontages as associated
with this subdivision.
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 NO. 11, ANNEXATION 48 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: