HomeMy WebLinkAboutT-6033 - Agreement/Covenant - 3/11/2015 (2) WHEN RECORDED MAIL TO:
03/11/2015,2015@028540
City Clerk
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. 6033, PHASE 1 OF VESTING
TENTATIVE MAP NO. 6033
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 6033
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 94, inclusive, and Outlot A of the Final Map of Tract No. 6033
according to the map thereof recorded on MAR - It , Z o 15 ,
in Volume of Plats at Page(s) 'l� �4 11 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. 13281 of the Fresno City Planning Commission conditionally
approved Vesting Tentative Map No. 6033, 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. 6033
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. 6033
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, "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. 6033
Page 5
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
FOWLER DEVELOPMENT COMPANY, INC.,
Public Works Department A California Corporation
Scott Mozier, P.E., Director
c
By: By:
Andrew J. Bene#ii, P.E., Assistant Director Darius Assemi, Senior Vice-President
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
-� (Attach Notary Acknowledgment)
By:
Marj Raterman-DoidrJe
peputy City Attorney
Date: r
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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 ofrt�
On C)-- I t:5 before me, Lf Ann- Le 4 /a - N ufmryl ILL) i C_ ,
Date Here lnse Name and Title of the Officer
personally appeared D o Y 1 U 5 )n S S e- no t
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person whose nameo WaFe-
subscribed to the within instrument and acknowledged to me that he/sfaeAhey executed the same in
lois/hxaAheir authorized capacity0g), and that by his/heWNieir signatureol on the instrument the person(
or the entity upon behalf of which the persono acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
LIANA LEYVA is true and correct.
Commission*2078341 WITNESS my hand and offici ...seal.
Notary Public-California z
� Fresno County �
Comm.gres Aug17.2018 Signature f
Signature of Notary, ubfic
Place Notary Seal Above
OPTfONA
Though this section is optional, completing this ir7for ation can deter alteration of the document or
fraudulent reattachment of this f rrr to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) O er Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): Corporate Officer — Title(s):
❑ Partner — i❑ Limited ❑ neral Partner — I I Limited General
❑ Individual Attor y in Fact Individual Attorney in Fact
❑Trustee Gu than or Conservator ;Trustee 1 Guardian or Conservator
❑ Other: . Other: _
Signer Is Represen . g: Signer Is Representing:
0201 Natio Notary Association - www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907
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
CLERK'S CERTIFICATION
State of California }
County of Fresno }
On February 27, 2015 before me, Cindy J. Bruer, Deputy City Clerk, personally appeared,
Andrew J. Benellf,_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 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
By �� s
Oeputy
*ate �r titin
{rib ort'
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on IAA 03�N , 20kA , in the office of the Fresno County Recorder, as
Document No. 201 - OOE25`36% of which the Deed of Trust in, by and between
FbWL6f2 tX -VeL-0P"9AX[ r-C►-A ALW- IwY., A CA CQAPPE ,4 IWJ as Trustor,
eLc REPugLIL TITLE C1>yA ij!1 ^ CAnR47,a1�-rtai , as Trustee
and LoG" iwyggCt,i1 VM UZ . A eA LiMI-ffp "kp%i L jW Lntgg&,/, 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. 6033, Phase 1 of Vesting Tentative Map No. 6033.
DATED: C-.nk�"cu- 30, Z01`�
BENEFICIARY
1Arv,'.SrMf-1VTS, L/-G
/--0i4.v i
By:
Name:
-tees
Tit e:
By:
Name: _
Title:
(Beneficiary to print/type document
information, Name, Title and attach Notary
Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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
On 1— -J C, -- ( �5 . before me, t GC_ Ua .N(fAx V Pu hl t L, ,
Date Here I sert Name and title of the Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person whose named) is/em
subscribed to the within instrument and acknowledged to me that he/� executed the same in
his/her heir authorized capacityW,and that b his/� signature(js�'on the instrument the person,
or the entity upon behalf of which the persoriacted, 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.
LIANA!EWA
Commission#t 2078341 WITNESS hand&andoffficial seal.
a 'r Notary Public-California z
z Fresno County n
My Comm.Ex17,2018,
Signature.
Signature of Nota ublic
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this info r tion can deter alteration of the document or
fraudulent reattachment of this fo to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Oth Than Named Above: .-.___
Capacity(ies) Claimed by Signer(s)
Signer's Name: _. Signer's Name:
El Corporate Officer — Title(s): _ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑G eral Partner — I I Limited i General
❑ Individual Attorn in Fact =1 Individual Attorney in Fact
❑Trustee Gu ian or Conservator I-I Trustee I ! Guardian or Conservator
❑ Other: _ Other: _
Signer Is Represer g: Signer Is Representing:
02014 Tonal Notary Association - www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on AJCi UST 6TH , 20J_4 , in the office of the Fresno County Recorder, as
Document No. 201 - 0086568 of which the Deed of Trust in, by and between
FOWL-5R- E►uT as Trustor,
0Lo REPUR LIC -r ITLE as Trustee
and O S BA Qie- t�lp+ to&AL- AZWi A--rtot4 d/b/2 Wyartxx� CapTAL , Beneficiary,
- 74m4v^
hereby expressly subordinates said Deed of Trust and its beneficial interest t§e�reto to the
foregoing Statement of Covenants Affecting Land Development for the Maintenance of Certain
Improvements for the Final Map of Tract No. 6033, Phase 1 of Vesting Tentative Map No. 6033.
DATED:
BENEFICIARY
�al�1 a Ha�•w��:.� ccs+., ��.y
By: ��� ►/�/
Name: Tti�.�.. ; 67-
Title:Title: SJR
By
Name: _
Title:
(Beneficiary to print/type document
information, Name, Title and attach Notary
Acknowledgment)
ACKNOWLEDGMENT
A iiotaiT pul)lic or other officer coiupleting this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the trutlifithiess.
accivac - or validity of that dociliiieiit.
STATE OF CALIFORNIA
COUNTY OF FRESNO
On January 30, 2015, before me, Lori Nicole Beckman, a 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 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.
WITNESS my hand and official seal.
Signatur
[SEAL] LORI NICOLE BECKMAN
Conreriaalon#2012327
Notary Public-California
Fresno County
Comm.Ex ires Agar 15,2017
EXHIBIT A
Cov nitial 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. 6033, 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 $1,009.26/lot during the 2014-2015 tax year(valid through June 30, 2015.) 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 landscaping, trees and irrigation systems within the street rights-of-way (including '/2 of the median
island) and landscape easements along North Fowler and East Clinton Avenues and within Outlot A; to include concrete
curbs and gutters, entrance median curbs and hardscaping, valley gutters, curb ramps, sidewalks, and traffic calming
curbs and hardscaping, street name signage, street lighting, and local street paving associated Final Tract Map No. 6033.
Facilities also include all above ground infrastructure, bock wall and park amenities within Outlot A. Final Tract Map No.
6033 is Phase I of Vesting Tentative Map No. 6033 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. 6033.
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. 58 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: