HomeMy WebLinkAboutT-6075 - Agreement/Covenant - 3/30/2016 WHEN RECORDED MAIL TO: IIIIIIIIIIIIiIIIIIII�IIIIIIIIIIIIII�IIII�IIIIIIII
FRESNO County Recorder
City Clerk Paul Dictos, C.P.A.
City of Fresno DSC— 2016-0035370
2600 Fresno Street Acet 70-Old Republic Title CONCORD
Fresno,CA 93721-3603 Tuesday, MAR 22, 2016 08:00:00
Tt 1 Pd $0,00 Rcpt # 0004497593
RGR/R4/2-10
NO FEE-Government Code 6103
CITY OF FRESNO
Public Works Department
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS
FOR THE FINAL MAP OF TRACT NO. 6075, PHASE 2 OF VESTING
TENTATIVE MAP NO. 6052
STATEMENT OF COVENANTS
CFD Maintenance
Tract No.6075
Page 2
RECITALS
WHEREAS, HERNDONIHAYES NO. 1, LLC, A California Limited Liability Company,
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 44,inclusive,of the Final Map of Tract No.6075 according to
the map thereof recorded on Mn r r-13 2,2 -�U/4,in Volume SS of
Plats at Page(s) 80 +k u jU_, 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. 13255 of the Fresno City Planning Commission conditionally
approved Vesting Tentative Map No. 6052, 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.6075
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.6075
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.6075
Page 5
DATED: FQRUgAY ���
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
HERNDON/HAYES NO. 1, LLC,
Public Works Department A California Limited Liability Company
Scott Mozier, P.E., Director
By: By:
rn*drew6Bfili, P.E., Assis ant Director Robert A. McCaffrey, Man ger
APPROVED AS TO FORM:
DOUGLAS 2yR
City Attorne (Attach Notary Acknowledgment)
By:
Deputy City Attorney
Date:
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 CER TIFICA TION
State of California )
County of Fresno )
On February 29. 2016 before me, Marco Martinez-Velasquez, Deputy Ci Clerk, personally
appeared, Andrew J. Benelli Assistant Director of Public Works 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 4•i` °��R�s
City Clerk, City of Fresno o
c ti
e ti�
4*rEa CcT•�'1
By �� a --
Deputy .
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 )
SS.
COUNTY OF FRESNO )
On January 28,2016, before me,Shelle Hartmann,Notary Public, personally
appeared,Robert A. McCaffrey,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 LEI- , ol
L.S. My Commission xpires: March 19,2019
91fEELE1fJ1RT!MA1111
COMM"Orr 0 21M75
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my Comm,f2 flet Met 1 201
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on November 6, 2008 in the office of the Fresno County Recorder, as Document No.
2008-0155767 of which the Deed of Trust in, by and between: Hemdon/Hayes No. 1, LLC, a
California limited liability company; McCaffrey Development, L.P., a California limited partnership;
and The McCaffrey Group, Inc., a California Corporation, as Trustor, First American Title
Insurance Company, as Trustee and Housing Capital Company, a Minnesota partnership, 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. 6075, Phase 2 of Vesting Tentative Map No. 6052.
DATED:
BENEFICIARY
U. S. Bank National Association, D/B/A
Housing Capital Company
Y
Name: Thomas G.Walker
Title: Senior Vice-President
By:
Name:
Title:
(Beneficiary to print/type Name and Title;
and attach Notary Acknowledgment)
ACKNOWLEDGMENT
i4.40tai A11 is Or other o � ,cer OQnY.7W tlilfl t 11S
certificate Weri fits athe Identity:o>l i.tlie
itzdiv tial'ilio S1gged t1i'e �ioc [,to w 11c,If.d1is
ccr ifiOtelis Rtta�lied thiel not,the1ru if i less.
acciuttc •:.o1 .�t11icl th-a d6ctuiieiit.
STATE OF CALIFORNIA
COUNTY OF FRESNO
On January 29, 2016, before me, Lori Nicole Beckman, a Notary Public,
personally appeared Thomas G. Walker, who proved to n1e 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.
6-(00'
Signatur
[SEAL]
LORI NICOLE BECKMAN
Commission#2012327
x'-+ Notary Public-California a
Fresno County
M Comm-Ex fres Mar 15,2017
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. 6075, 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 likeiy 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 $779.54/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 landscaped areas, trees and irrigation systems located within the public easements and Outlot B of
Final Tract Map No. 6053; including West Herndon Avenue median islands and trail. Maintenance of all concrete curbs
and gutters, valley gutters, curb ramps, sidewalks, trail and major street median hardscaping, expressway barrier fencing,
street name signage, trail amenities, street lighting, Outlot B park amenities: including, without limitation, tubular steel
fencing, pilasters,gate concrete walk areas and benches. Final Tract Maps No. 6052, 6053 and 6075 will share the costs
for all Services in common with all three final maps annexed to the Community Facilities District No. 11 as Annexation No.
60.
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. 60 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:
I)D