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HomeMy WebLinkAboutT-6108 - Agreement/Covenant - 10/12/2016 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: IIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIII�IIIIIIII City Clerk FRESNO County Recorder City of Fresno Paul Dictos, C•P,A• 2600 Fresno Street DDC— 2016-0134852 Fresno, CA 93721-3603 Acct 70-old Republic Title CONCORD Tuesday, OCT 04, 2016 08:00:00 Tt l Pd $109.00 Rcpt # 0004628077 RG R/R4/4-12 NO FEE - Government Code 6103 CITY OF FRESNO Public Works Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE MAINTENANCE OF CERTAIN PUBLIC IMPROVEMENTS FOR THE FINAL MAP OF TRACT NO. 6108 STATEMENT OF COVENANTS CFD Maintenance Tract No.6108 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 55, inclusive and Outlot A of the Final Map of Tract No. 6108 according to the map thereof recorded on nr_ ber y,. �l6 , in Volume 8L of Plats at Page(s) q0 -1-V/ 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. 13359 of the Fresno City Planning Commission conditionally approved Vesting Tentative Map No. 6108, 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. 6108 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. 6108 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 ora 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. 6108 Page 5 DATED: S ,6PT/_'MQZ7a CITY OF FRESNO, COVENANTOR a Municipal Corporation FOWLER DEVELOPMENT COMPANY, INC., Public Works Department A California Corporation Scott Mozier, P.E., Director. By: B Andrew J. Be Ili, P.E., Assistant Director Darius sse e Vice President APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: M aterman-Doidge (Attach Notary Acknowledgment) eputy City Attorney Date: 67 �l l 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�,�en_ h ) On before me.�*,� lc� ce -b.,;vo Uyovbl�c_.; Date Here Insert Name and Title of the Officer personally appeared�.rty_C , �P &� NameK of Signer( who proved to me on the basis of satisfactory evidence to be the person( whose name is/Nd subscribed to the within instrument and acknowledged to me that hel>W%k y executed the same in his/fte1tbsfauthorized capacity), and that by his/fyetttsexfr signatureW on the instrument the personal, or the entity upon behalf of which the personX 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. 'TACY-ANN TERRY- BENM : 210082+ Not ornila Signature Fresno County Comm.E Tres Feb 21 2018 Signature of Notary Public _ , 8TACY ANN TM-ANN iflM Ctmttbston i 2100821 Nodry pwft.-CWonft / Fresno County 3 M Comm.Expires Feb 21,2019 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the ument or fraudulent reattachment of this form to an unintended docum Description of Attached Document Title or Type of Document: cument Date: Number of Pages: Signer(s) Other Than Name ove: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: U Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): 1-1 Partner — ElLimited - Gene LlPartner — ❑ Limited General LJ Individual L-Attorn Fact ❑ Individual I_-Attorney in Fact 0 Trustee rdian or Conservator ❑Trustee L:Guardian or Conservator ❑ Other: ❑ Other: Signer Is esenting: Signer Is Representing: ©2014 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 ) On September 15, 2016 before me, Marco Martinez-Velasquez, Deputy City Clerk, personally appeared, Andrew J. Benelli, P.E., 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, CMCJ= City Clerk, City of Fresno +oR �' 4 By ' rp OCA.♦ Deputy SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 13 20 14 , in the office of the Fresno County Recorder, as Document No. 2014-0053361 of which the Deed of Trust in, by and between Fowler Development Company, Inc., A California Corporation , as Trustor, Old Republic Title Company , as Trustee and Locans Investments, LLC., A California Limited Liability Company , 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 Public Improvements for the Final Map of Tract No. 6108. DATED: Q3 h2- 171 (L BENEFICIARY Z-ucq,vs' /BVI//srM2iv? . L / y By: Name: I� yi '� Title: By: Name: Title: (Beneficiary to prinbtype 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 .CSlt+� ) On TILE Sdy6l a�`� 2�/L� before me, -�T - /G Date Here Insert Name and Title atIthe Officer personally appeared /o Namelof Signe) who proved to me on the basis of satisfactory evidence to be the_persono whose nameof�fe�e ubscribed to the within instrument and ackno ledged to me tha e y executed th same in hi fk4erieir authorized capacits),and that b hi it signature on the instrument the persona'), 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. NATALIE TORRES WITNESS my hand and official seal. Commission#2100957 _ Notary Public-California Z Fresno County Signature Comm.:-%-ires Feb 22,2019 J natu f Nota Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can fant lteration of the document o fraudulent reattachment of this form to an unindocument. Description of Attached Document Title or Type of Document: D Date: Number of Pages: Signer(s) Other Than Na ove: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): Ll Corporate Officer — Title(s): ❑ Partner — ❑ Limited L� eneral ❑ Partner — ❑ Limited ❑General ❑ Individual tarney in Fact F-1 Individual El Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑O Li Other: igner Is Representing: Signer Is Representing: 02014 National 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 August 6 , 20 14 , in the office of the Fresno County Recorder, as Document No. 2014-0086568 of which the Deed of Trust in, by and between Fowler Development Company, Inc.,A California Corporation , as Trustor, Old Republic Title Company , as Trustee and U.S. Bank National Association, d/b/a Housing Capital Company_, 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 Public Improvements for the Final Map of Tract No. 6108. DATED: Ce /2Z /ZaIG BENEFICIARY By: c C��V ��LJ C����✓V v Name: Ca�� e L • ra�'1 Title: V. By: Name: Title: (Beneficiary to prinbtype document information, Name, Title and attach Notary Acknowledgment) SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 27 , 20 16 , in the office of the Fresno County Recorder, as Document No. 2016-0067751 of which the Deed of Trust in, by and between Fowler Development Company, Inc.,A California Corporation , as Trustor, Old Republic Title Company , as Trustee and U.S. Bank National Association,d/b/a Housing Capital Company , 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 Public Improvements for the Final Map of Tract No. 6108. DATED: /22120(L BENEFICIARY DleP By: Name: Title: V I By: Name: Title: (Beneficiary to prinbtype document information, Name, Title and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 --.o.-C—rn _^------------ A —r- - ----nA 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 N-I(e,�fyl O ) On AQ gt)St- 221 201(P before me, '��Yl �J2 « ►'� Imo,Ir l t C. Date Here Insert Name and Title of the Officer personally appeared L,- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(4 is/aFe subscribed to the within instrument and acknowledged to me that#e/she/#" executed the same in 4is/her/their authorized capacity(ies),and that by hds/her/tI4e*signature(s3 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. MeADELYN CUELLAR Commission#2103017 WITNESS my hand and official seal. Z ,-s Notary Public-Californla = = Fresno County My Comm.Expires Mar 13,2019+ I Signature +' to S, Si,4dature 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): D Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General F1 Partner — ❑ Limited ❑ General F-1 Individual ❑Attorney in Fact n Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: D Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907