HomeMy WebLinkAboutT-6033 - Agreement/Covenant - 3/11/2015 (5) WHEN RECORDED MAIL TO:
City Clerk 0311112015,20150028541
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE - Government Code 6103
O CITY OF FRESNO
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STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR THE MAINTENANCE OF LANDSCAPE IMPROVEMENTS FOR
CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 60339
PHASE 1 OF VESTING TENTATIVE MAP NO. 6033
STATEMENT OF COVENANTS
Landscape 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 21, 22, 29, 30, 37, 38, 45, 46, 55, 56, 65, 90 and 91 of the Final Map of
Tract No. 6033 according to the map thereof recorded on
MA K , i 1 , ZOi 5 in Volume gi-j�— of Plats at
Page(s) "Ito 4 '1"1 . 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; 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 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 City's 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
STATEMENT OF COVENANTS
Landscape 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. 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
STATEMENT OF COVENANTS
Landscape 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
Landscape Maintenance
Tract No. 6033
Page 5
DATED: 620VA2 Y 2_61fS
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. Benelli .E., Assistant Director Darius Assemi, Se ' r Vice-President
APPROVED AS TO FORM:
DOUGLAS T. SLOAN (Attach Notary Acknowledgment)
City Attorney
By:
M,a6 Raterman-Doidge
eputy City Attorney
Date:
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 11 O )
On 30 -� `� before me, L�a►�� LeU va 'Pub I I c
Date Here Insert Name and Title of the Officer
personally appeared Q.lri LAS A S S-t✓I'Yl I
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person�j whose name is/a+te
subscribed to the within instrument and acknowledged to me that he/sl4e0hey executed the same i
his/ authorized capacity), and that b his/h eir 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.
LIANA LEYVA
Commission#2078341 WITNESS my hand and official seal.
Notary Public-California
fWFresno
a County
Comm.Aires Aug17,2018t Signature14d�_
{
Signature of Nota ublic
Place Notary Seal Above
OPTIONA
Though this section is optional, completing this infer anon can deter alteration of the document or
fraudulent reattachment of this f to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) C7t r Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: _-_ Signer's Name: —
❑ Corporate Officer — Title(s): Corporate Officer — Title(s):
❑ Partner — F1 Limited ❑Ge eral Partner — l Limited General
❑ Individual Attorne m Fact ! Individual Attorney in Fact
❑Trustee Guar 2n or Conservator -1 Trustee Guardian or Conservator
❑Other: Other:
Signer Is Representin Signer Is Representing:
02014 National otary 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. Benelli 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 of FRFs
GSC J
Deputy 0d
e 'f�
Q���ac ort'
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on Y1A1 GOi 2014 , in the office of the Fresno County Recorder
as Document No. 9,Dt4 - 005336 1 of which the Deed of Trust in by and between:
C COTIOP as Trustor,
oLp f�epUBLtG TrrLE cdMpa3u d. CA R.00Qa-r-icwl as Trustee,
and ux:,e-ios IN u4. L,b.%j,-trq , 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. 6033, Phase 1 of
Vesting Tentative Map No. 6033.
DATED: �J GLI'�U�r`l Z)o -? 15
BENEFICIARY
By:
Name:
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 �c)-1 El - before before me,.�. i�-�IL�f� . i)afaYV RU ! L ,
Date `� Here sect Name and Tit! of the Officer
�
personally appeared ari LLL E), S m l
Name(s) of Signer(s)
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/shad executed the same in
his/herftheir authorized capacity(io, and thatb his/herFieir signaturef on the instrument the person,
or the entity upon behalf of which the personKacted, 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 LEWA WITNESS my hand and official seal.
L •._ Commission#2078341
i ;.: Notary Public-California
Z Fresno County
my Comm.F. gM Aug 117,_2018 Signature
- Signature of Not!ay Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this informati can deter alteration of the document or
fraudulent reattachment of this form t an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other an Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ Ge ral Partner — I I Limited 1 General
❑ Individual Attorne In Fact Individual Attorney in Fact
[A Trustee Gu Ian or Conservator Trustee I Guardian or Conservator
❑ Other: Other:
Signer Is Represer g: Signer Is Representing:
Q201710R4nal Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item 90907
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on Aosr b*d 2014 , in the office of the Fresno County Recorder
as Document No. 2014 006(650 . __ of which the Deed of Trust in by and between:
fi:5uji,E Q uEGOPMENT ( bmAA1JV I&K.' A. Ca Gp-Pcpa-t-jzm}_as Trustor,
flute R PUQ1-1e `r MLE CompAtjy. A CA QyLmwA- Lor) , as Trustee,
and U•S. oD02 d , as Beneficiary,
ArJv
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. 6033, Phase 1 of
Vesting Tentative Map No. 6033.
DATED: f 130 /t f-
BENEFICIARY
j).5, 124Aj N,4f7C1 ,#1- 4jY0CI,F7C•y
01S1,4
By:
Name:
Title: S� P
By: -
Name: _
Title:
(Beneficiary to print/type document
information, Name, Title and attach Notary
Acknowledgment)
ACKNOWLEDGMENT
A riotaiy p-Liblic or other officer cortip etiilg this
certificate verifies only the ideIltity of the
individual who siamed the documeI1t to Which this
certificate is attached, and not the trutlifullless,
accuxacy, or validity of that document.
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
" COMM48111on N 2012321
Notary Public-California z
Fraano County
My Comm.Ex i►Is Mar 15,2017