HomeMy WebLinkAboutT-6104 - Agreement/Covenant - 4/21/2016 (3) 11111111 11111111111111111111111 111111111111111111
WHEN RECORDED MAIL TO: FRESNO County Recorder
Paul Oictos, C,P.A.
City Clerk DOC— 2016-0045094
City of Fresno Acct 70-41d Republic Title CONCORD
2600 Fresno Street Wednesday, APR 13, 2016 08:00:00
Fresno, CA 93721-3603 Ftl Pd $0,00 Rcpt # 0004510$47
KJE�R3/2-9
IT
NO FEE - Government Code 6103
CITY OF FRESNO
Public Works Department
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR THE MAINTENANCE OF LANDSCAPE IMPROVEMENTS FOR
CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 6104
STATEMENT OF COVENANTS
Landscape Maintenance
Tract No. 6104
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, 14, 15.and 28 of the Final Map of Tract No. 6104 according to the
map thereof recorded on A PRI t-- 1171 Zd 1 a in
Volume 05 of Plats at Page(s) � ��p Bfy Fresno County
Records; and
WHEREAS, the Covenantor hereby warrants that any and all parties having record title
interest in the Subject Propertywhich may ripen into a fes have subordinated tothis instrument and
that all such instruments of Subordination, if any, are attached hereto and made a part of this
instrument; and
WHE=REAS, Resolution No. 13347 of the Fresno City Planning Commission conditionally
approved Vesting Tentative Map No. 6164, 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 minimum of a 7 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, 8104
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 minimum of a 7 foot landscape area on the
Subject Property that is adjacentto 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.
5. 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.61 Q4
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 andlor
during the course of litigation,whether or not otherwise recoverable as"attomeys'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 wa iver by either party of a breach by the other of any provision of this Statement
of Covenant shall not constitute a continuing waiver ora 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- 6104
Page 5
DATED: dr9flG�r�' ZYl
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
JPF FANCHFR CREEK, LLC.,
Public Works Department A Delaware Limited Liability Company
Scott Mozier, P.E., Director
. 2
By. By:
Andrew J. Ben i, P-E., Assistant Director Jo ua Peterson, President
APPROVED AS TO FORM_
-DOUGLAS T. SLOAN (Attach Notary Acknowledgment)
City Attorney
By:
ry Raterman-Doidge
Deputy City Attorney
Date:, ..7 Z2 ZZO
CALIFORNIA ALL-PURPOSE ACKNOWLEDOMENT 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 va}idity of that document.
State of California )
County of f 9?f Q —z K.)
On fg-6 u v�� �ZD i before me, P,,�►.]7V-Aa P. Lm N-"�C- , A,- C-
Date Here Insert Name and Title of the Officer
personally appeared -Ju'��rk+,,t E'. Fe-re?-���
Name( of Signerw
who proved to me on the basis of satisfactory evidence to be the person(4 whose name(4 WA
subscribed to the within instrument and acknowledged to me that he/we/tp�y executed the same in
his/hefltheit authorized capacity(iet), and that by his/WrftedF signature(4on the instrument the person(K,,
or the entity upon behalf of which the person(K acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
ApDREA Cutof the State of California that the foregoing paragraph
COMM 02028241 � is true and Correct.
•_ � Notary Public California
Z .P p WITNESS my hand and official seal.
-Fresno County
O
Comm.E ices June 9.2017
Signature
Signature of Notary Publi
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: Sigper(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
ECJ Corporate Officer — Title(s); ❑ Corporate Officer — Title(s):
Fl Partner — ❑ Limited LGeneral ❑ Partner — IJ Limited F)General
❑Individual 1,1 Attorney in Fact L, Individual []Attorney in Fact
L Trustee 0 Guardian or Conservator J Trustee 0 Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: __ _' _ Signer is Representing:
(92014 National Notary Association•www.NationalNotary.org • 1-840-US NOTARY(1-800-876-6827) ltem#5907
C
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 )
On March 24, 2016 before me, Marco Martinez-Velar uez 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.
certify under PENAL TY 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 iq OF PRF
City Clerk, City of Fresno �` sy
Q+r tip.
Fp 0C
By 7Yl a : ?rte-x—,44[ �
Deputy .
7
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on JL11Y 15. 2015 , in the office of the Fresno County Recorder
as Document Na2DI5-00%238 & 2015-0090479 of which the Deed of Trust in by and between:
X F'Far&Ec'Qom, LEC, a Dall n t sd liab 17 tY cmpany as Trustor,
mitral Value ComuiitY B5rk. A(151ifbaiia Cbqxxuti , as Trustee,
and lall� i�1 Hwk• a CaLlif=-o Oaqxzat= ,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. 6104.
DATED: 2
BENEFICIARY
Central_U .
By. �! '�'`�
r(
N me: ce
Title: S9;jyka& V1 6:5'
By:
Name:
Title:
(Beneficiary to prinoype 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 a-►.tom-� 3, Z-cktp before me, _ - 7 C _Lett � ,P,, s3 -Aft>1L
Date Here Insert Name and Title of the Officer
personally appeared �_] Pio"C_�E
Nameo) of Signer
who proved to me on the basis of satisfactory evidence to be the personw whose name(,s'j isle{
subscribed to the within instrument and acknowledged to me that hel ltt4 executed the same in
hisl14l$l sir authorized capacity(aesj,and that by hisfPerltkdir signatureo on the instrument the persons'
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
ANDREA l11
is true and correct.
COMM. #21328241
' Notary Public-California c WITNESS my hand and official seal.
Z i Tresno County
Comm-Expires June 9.2011
Signature
Signature of Notary Pubic
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:
ElCorporate Officer — Title(s): yi Corporate Officer -- Title(s):
r1 Partner - _1 Limited ❑ General -] Partner - LJ Limited � General
Individual 1::1 Attorney in Fact '_.I Individual -L.1 Attorney in Fact
Trustee 1-1 Guardian or Conservator L Trustee 1::1 Guardian or Conservator
Other: E" Other:
Signer Is Representing: Signer 1s Representing:
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02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907