HomeMy WebLinkAboutT-6103 - Agreement/Covenant - 11/17/2015 (3) WHEN RECORDED MAIL TO:
11/17/2015,20150147082
City Clerk
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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STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR THE MAINTENANCE OF LANDSCAPE IMPROVEMENTS FOR
CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 6103
STATEMENT OF COVENANTS
Landscape Maintenance
Tract No. 6103
Page 2
RECITALS
WHEREAS, JPF FANCHER CREEK, LLC, a Delaware 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 and 30 of the Final Map of Tract No. 6103 according to the map
thereof recorded on ltlbyp�,�ber I �C�IS in
Volume of Plats at Page(s) 46 4- / 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. 13328 of the Fresno City Planning Commission conditionally
approved Vesting Tentative Map No. 6103, 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 an 8 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. 6103
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 an 8 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. 6103
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.
A i Y v
STATEMENT OF COVENANTS
Landscape Maintenance
Tract No. 6103
Page 5
DATED: 00-00 ek /Z, Zai `
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
JPF FANCHER CREEK, LLC.,
Public Works Department A Delaware Limited Liability Company
Scott Mozier, P.E., Director
By. By ';�
Andrew J. Benelli,�P'E., Assistant Director J9 ua Peterson, President
APPROVED AS TO FORM:
DOUGLAS T. SLOAN (Attach Notary Acknowledgment)
City Attorney
By:
ZRaterman-Doidge
puty City Attorney
Date: to I Z�
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 r7r'e'-ano )
On �i 4[rYl Fier 1�r�_��S before me, . C Cl.rd w G 11 Dimer u-b I►C ,
Date _ Here Insert Name and Title of the Officer
personally appeared Lt t-i
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personif4 whose name is/am—
subscribed to the within instrument and acknowledged to me that helsheAl�ey executed the same in
hislh }eir:authorized capacity§es�,and that by his/hefA4 f'signature(Kon the instrument the persoi�
or the entity upon behalf of which the perso5Kacted, 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.
KERRY K.CALDWV ELL WITNESS my hand and official seal.
Commission #2058249
zi Notary Public-California z
z Fresno Count
v Signature
f� Comm. fifes Mar 16,2018 Si afore of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended 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:
❑Corporate Officer — Title(s): ., ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
NUMI
02014 National 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 document
CLERK'S CERTIFICATION
State of California }
County of Fresno j
On October 12, 2015 before me, Todd Stermer, Deputy City 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
City Clerk, City of Fresno
0{''rR�s
By -1015'
Deputy
Tod S+e��et
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on I tAL-L ,5 "2-.4> 1:G in the office of the Fresno County Recorder
as Document No. 20105— u0clDz3116 of which the Deed of Trust in by and between:
-Pr 1 k9-E LAmrr4M UAeEALATLI ecrnP as Trustor,
0W1-P kL Ilp L U-T- tw A i2oQ t,-� , as Trustee,
and V ti A C414Wbf4-,-►K M4—a ds 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. 6103.
DATED:
BENEFICIARY
C elv>RfiL V lIV uNI lY is'm1i' �
// talf?f-fwll y
By.
Name: MC-P
Title: St�✓��.� y!C� Q�£��D�,ti
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 Nv )
On�ImtaL 1-1 -2-0 0S before me, i'ut►S�.+C ,
Date Here Insert Name and Title d the Officer
personally appeared f
Nameg of Signer
who proved to me on the basis of satisfactory evidence to be the person(81 whose name is/ar6
subscribed to the within instrument and acknowledged to me that he6sKe/;hrey executed the same in
his/Wtldr authorized capacity(iet),and that by his/>dir/tbOsignatureK on the instrument the persoax,
or the entity upon behalf of which the personWacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
AND16 COAG is true and correct.
. ...� COMM. #aazs��1 �
=+ Notary Public.California WITNESS my hand and official seal.
' .. Fresno County
At Comm,Expires June 9.2011
Signature--_- -
Signature of Notary P lic
Place Notary Seal Above
-'_ OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended 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:
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): _
❑ Partner — ❑ Limited ❑ General ❑ Partner — EJ Limited ❑ General
❑ Individual L7 Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: _ Signer Is Representing:
02014 National Notary Association • www.National Notary.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 Ju L. I S 2-u ti 5 , in the office of the Fresno County Recorder
as Document No.?.o IS— owploLvlq of which the Deed of Trust in by and between:
l.ksr►�'+f u i►. CVMas Trustor,
C sKM4. ,�,i�, Trustee,
and! "or&4 PWas 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. 6103.
DATED: 4
BENEFICIARY
2 1.A
IN i2Po�aly
By:
e: l FR L-
Title:
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 F�V_�_ �c )
On 4u k= before me,
Date Here Insert Name and Title of the Officer
personally appeared ^'
Name of Signero
who proved to me on the basis of satisfactory evidence to be the personV whose name islaA
subscribed to the within instrument and acknowledged to me that hel,%kelthey executed the same in
his/�W/th&authorized capacity(ie< and that by hisll�ltWir signatureo 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
ANDREA LONG is true and correct.
COMM. #2028241 z
Notary Public-California WITNESS my hand and official seal.
Z '+t. Fresno County
Comm.Ex ares June 9.2017~
Signature-4; L--
Signature o Notary Pis
Place Notary Seal Above
OPTIONAL,
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended 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:
O Corporate Officer — Title(s): F, Corporate Officer — Title(s):
El Partner — [J Limited C General J Partner — F1 Limited i-] General
n Individual I 1 Attorney in Fact Individual CJ Attorney in Fact
FA Trustee 17 Guardian or Conservator ❑Trustee CI Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association ° www.National Notary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907