HomeMy WebLinkAboutT-6004 - Agreement/Covenant - 7/31/2014 WHEN RECORDED MAIL TO:
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City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE - Government Code 6103
CITY OF FRESNO
Public Works Department
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a STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS
FOR THE FINAL MAP OF TRACT NO. 6004, PHASE 2 OF VESTING
TENTATIVE MAP NO. 6003
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 6004
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 51, inclusive, of the Final Map of Tract No. 6004 according
to the map thereof recorded on .Ta(W 31. .26/q in
Volume 94 of Plats at Page(s) Iii' Qo 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. 6004
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. 6004
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"oras"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. 6004
Page 5
DATED: -, Y /P. 'v 1"y
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
COPPER/MAPLE NOA, INC.,
Public Works Department A Delaware Corporation
Scott Mozier, P.E., Director
By: By:
-Seet4-M9zitf, _D eete� Robert A. McCaffrey,
Andrew Bene X' ii,, P.E. , Assistant Director Chief,Executive C
,r
By:
APPROVED AS TO FORM: Brent IV. McCaffr
President
DOUGLAS T. SLOAN
City Attorney
By: (Attach Notary Acknowledgment)
Mary .aternan-Doidge
Deputy City Attorney
Date: 7114_11q
STATE OF CALIFORNIA )
SS.
COUNTY OF FRESNO )
On May 2, 2014'
, 2014, before me, Shelle Hartmann, Notary Public, personally
appeared, Robert A. McCaffrey and Brent M. McCaffrey, who proved to me on the
basis of satisfactory evidence to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signature on the instrument the persons or
the entity on behalf of which the persons 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
L.S. My Commission Expires: January 1, 2015
Jli1lh HAS? PA'ANN
{ Cornmission # 191986`.
Notary Public - California Z
Fresno County
My Comm. Ex fres
an 1, 2015
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On July 21, 2014 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared,
Andrew Benelli, 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
YVONNE SPENCE, CMC
City Clerk, City of Fresno
1-3
By C
Deputy
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on December 23, 2013 and modified/amended on June 9, 2014, in the office of the
Fresno County Recorder as Document Nos. 2013-0171763 and 2014-0064028 of which the
Deed of Trust in by and between: Copper/Maple No. 4, Inc., a Delaware corporation as Trustor,
First American Title Company, as Trustee, and U.S. Bank National Association d/b/a 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 Certain Improvements for the Final Map of Tract No. 6004, Phase 2 of
Vesting Tentative Map No. 6003.
DATED: -Tu,". z4
BENEFICIARY, !!,S`. QANk ��.� �•�cA1Jac��na.�
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By;
Name: Jason Subia
Title: Vice President
By:
Name:
Title:
(Beneficiary to print/type document
information, Name, Title and attach Notary
Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On # �y before me, ,
Date Marq Insert Na an Title of the Ctr
personally appeared
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the persons) whose names) is/ax&subscribed to the
within instrument and acknowledged to me that
he/Waaabay executed the same in his ` , authorized
RHONDA HAROLD capacity(ies), and that by his/,he4449ir signaturel(s) on the
Commission # 1906102 instrument the person(s), or the entity upon behalf of
`-m Notary Public-California i
Z
, , , which the person(s) acted, executed the instrument.
Z Fresno County
My Comm. Expires Oct 28,2014
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—OLOIOL
4
Place Notary Seal Above Signature of Notary 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 Iters#5907 Reorder:Cal)Toll-Free 1-800-876-6827
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on June 9, 2014, in the office of the Fresno County Recorder as Document No. 2014-
0064025 of which the Deed of Trust in by and between: Copper/Maple No. 4, Inc., a Delaware
corporation as Trustor, Old Republic Title Company, as Trustee, and U.S. Bank National
Association d/b/a 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 Certain Improvements for the Final Map of
Tract No. 6004, Phase 2 of Vesting Tentative Map No. 6003.
DATED:
BENEFICIARY, SQ,�,vK �IR7i�fi rlr.rew
By: f
Name: Thomas G. Walker
Title: Senior Vice President
By:
Name:
Title:
(Beneficiary to prinf/type document
information, Name, Title and attach Notary
Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
r
County of
On ! before me,
Date �^ r- Flee IM1sert Nam .e s Tftle4f the Officer
personally appeared
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(a) whose names) is/aye subscribed to the
within instrument and acknowledged to me that
he/sl� executed the same in his/4e#4 eir authorized
riHONOA HaRobo capacity(4es), and that by his/faeriti-ieir signatures) on the
Commission# 1906102 instrument the person(-&), or the entity upon behalf of
a =a Notary Public-California z which the person(&) acted, executed the instrument.
Z r:% 4. Fresno County
My Comm.Expires Oct 28,2014 1 certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Signature
WITNESS my hand and official 1.
Place Notary Seal Above Signature of Notary 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(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General _ _ CI Partner—E] Limited ❑ General WICM MUNI-_
❑ Attorney in Fact ❑Attorney in Fact •
❑ Trustee Top of thumb here CI 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.NatbnalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-878-6827
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. 6004, Lot No.: I 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 AIVD 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: