HomeMy WebLinkAboutT-5464 - Agreement/Covenant - CFD 11 Maintenance - 12/5/2018 VIII I ��iYA CA ' ,
�I�'����(�yP�lti,f9tilJAPJA4rh 11111
RECORDING REQUESTED BY 2018-0145155
AND WHEN RECORDED MAIL TO:
FRESNO County Recorder
City Clerk Paul Dlctoa, CPA
City of Fresno Wednesday, LDec 05, 2018 08:00:00 AM
2600 Fresno Street Titles: 1 Pages: 8
Fresno, CA 93721-3603 Fees: 0.00
CA SB2 Fee: 0.00
Taxes: 0.00
Total: 10.00
CITY OF FRESNO
NO FEE -Government Code 6103
CITY OF FRESNO
Public Works Department
O
STATEMENT OF COVENANTS AFFE ND DEVELOPMENT
FOR THE MAINTENANCE OF C T BLIC IMPROVEMENTS
FOR THE FINAL MAP OF TRACT 4, PHASE 1 OF VESTING
TENTATI AP 0. 5464
O
O
O
DOC#2018-0145155 Page 2 of 8
STATEMENT OF COVENANTS
CFD Maintenance
Tract No.5464
Page 2
RECITALS
WHEREAS, KB HOME SACRAMENTO, INC., a CaliforniaCorpo on, hereinafter
referred to as the "Covenantor," is the owner of the real property situat i of Fresno,
County of Fresno, State of California, hereinafter referred to;asthe "Sub' pe and more
particularty described as:
Lots 1 through 34, inclusive of the Final Map of according to
the map thereof recorded on
in Volume.�fof Plats at Page(s) 9 res County Records;
and
WHEREAS, the Covenantor hereby warrants t d all parties having record title
interest in the Subject Property which may ripen ' a subordinated to this instrument and
that all such instruments of Subordination ' any, a ttached hereto and made a part of this
instrument; and
WHEREAS, Resolution No. 12 sno City Planning Commission conditionally
approved Vesting Tentative Map No. , he inafter referred to as the"Tentative Map;"and
WHEREAS, a condition of p I of the Tentative Map requires the Covenantor to install
and maintain certain impro in the limits of the Tentative Map, more particularly
described in EXHIBIT"A° h reto and incorporated by reference as if fully set forth herein;
and
WHEREAS n ' n of approval of the Tentative Map requires that the maintenance of
such improveme hal the responsibility of the Covenantor,a homeowners association or the
City of Fres 's ") Community Facilities District; and
Covenantor has elected to satisfy this maintenance condition by annexing the
Sub' into the City's Community Facilities District; and
EREAS, Covenantor has requested the City to annex the Subject Property to the City's
pity Facilities District No. 11.
DOC#2018-0145155 Page 3 of 8
STATEMENT OF COVENANTS
CFD Maintenance
Tract No.5464
Page 3
COVENANTS, CONDITIONS AND RESTRICTIONS
NOW THEREFORE, it is agreed in consideration of the foregoing and th pproval of the
final map for the Subject Property by the City of Fresno, the Coven covenants,
promises and agrees with the City of Fresno for the benefit of said City
1. Such improvements will be designed and installed i to i provement plans
prepared by the Covenantor and approved by the Public Wo Direct
2. Covenantor shall maintain said improvements in a acceptable to the Public
Works Director until such time as the City notifies th antor that such maintenance
responsibility has been assumed by the City's Comm s District No. 11.
3. The Covenantor shall provide t e ctive purchaser of each lot of the
Subject Property, the "Notice of Special T ° attach as EXHIBIT °A,° in accordance with the
provisions of Section 53341.5 of the Calif ent Code.
4. It is the intention hereof is ment shall constitute a covenant in favor of the
City of Fresno and shall run with the la d binding upon the undersigned, its grantees, heirs,
and successors and assigns.
5. The foregoing hall remain in full force and effect until such time as the
Director of the Public Wo art nt issues a written release of such conditions and obligations
and records such rele the Fresno County Recorder.
6. The visi of this Statement of Covenants shall be deemed independent and
severable and t vale ' or partial invalidity or unenforceability of any one provision or portion
thereof shal rho the validity or enforceability of any one provision thereof. Whenever the
context o e ent of Covenants so requires, in interpreting this Statement of Covenants,any
Bend i the other genders, the singular includes the plural, and the plural includes the
si ular.
If either party is required to commence any proceeding or legal action to enforce or
int r ret any term or condition of this Statement of Covenant,the prevailing party in such proceeding
DOC#2018-0145155 Page 4 of 8
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 5464
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, "attomeys'fees"and"legal expenses"
include, without limitation, paralegals' fees and expenses, attorneys, cons nts fees and
expenses, expert witness fees and expenses, and all other expenses in prevailing
party's attorneys in the course of the representation of the prevailing pa i tI ' ati n of and/or
during the course of litigation,whether or not otherwise recovera 'fees"or as"costs"
under California law, and the same may be sought and awa ed in a rdance with California
procedure as pertaining to an award of contractual attome
8. The waiver by either party of a breach by any provision of this Statement
of Covenant shall not constitute a continuing wa a or iv of any subsequent breach of either
the same or a different provision of this Stat ent of C nant. No provisions of this Statement of
Covenant may be waived unless in writin s' y all parties to this Covenant. Waiver of
any one provision herein shall not be d to a waiver of any other provision herein.
O
O
O
DOC#2018-0145155 Page 5 of 8
STATEMENT OF COVENANTS
CFD Maintenance
Tract No.5464
Page 5
DATED: S 6ma-18Ck z1"20j
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
KB HOME SACRA C.,
Public Works Department A California Corp ion
Scott Mozier, P.E., Director
By: B -
O
Andrew J. Ben i, P.E., AssisTant Director antoja,
reside o rd Planning
and D ment
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
M Raterma - idg (Attach Notary Acknowledgment)
eputy City A
Date:
O
O
DOC#2018-0145155 Page 6 of 8
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 l
County of Placer J}
On 8/13/2018 before me, Samantha See-ine La ub Ic
Date Here Insert Name dnolptle o e Officer
personally appeared Leo Pantoja
Nome(s)of Sign� s)
))
who proved to me on the basis of satisfactory evidence to be the ose name(s)is/are subscribed
to the within Instrument and acknowledged to me that he/she/th a ed the same In hls/her/thelr
authorized capacity(ies), and that by his/her/their signature(s)on s u ent the person(s), or the entity
upon behalf of which the person(s) acted,executed the Instrjxrtpn
LZ
I c u er PENALTY OF PERJURY under the
laws f the State of California that the foregoing
SAMANTHASENNELAW ar ph is true and correct
Notary Public-California s
Placer County WITNESS my hand and official seal.
Commission#2246971
My Comm.Expires Jun 21,202
Signature
Place Notary Seal and/or Stam veIgnature tary u ic
' OPTIONAL
Complet! is ation can deter alteration of the document or
fraudul ac ment of this form to an unintended document
Description of Attache t of Covenants Affecting Land Development for the Maintenan of Certain
Title or Type of D lic Improvements for The Final Map of Tract No. 5464, Phase 1 of Ves'ng Tentative
u. 5484
Document Date- 01 Number of Pages: 8
Slgner(s) Oth an ed Above: Andrew J. Benelli, Mary Raterman- Doidge
Capacity d by Signer(s)
Signer' dpi Signer's Name:
❑Cor er—Title(s): ❑ Corporate Officer—Tftle(s):
❑ Partin — ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General
❑ a ❑ Attorney In Fact ❑ Individual ❑ Attorney in Fact
ee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator
❑ Ot r. ❑ Other
n r s Representing: Signer Is Representing:
017 National Notary Association
DOC#2018-0145155 Page 7 of 8
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 21, 2018 before me, Cherisea Barnes, D u Clerk, personally appeared,
Andrew J. Benelli P.E. Assistant Director of Public Wo the`City of Fresno who proved to
me on the basis of satisfactory evidence, to be the p Iose name(s) is/are subscribed
to the within instrument and acknowledged to th s /they executed the same in
his/her/their authorized capacity(ies), and that by i e it signature(s)on the instrument the
person(s), or the entity upon behalf of whic a pe (s) acted, executed the instrument.
I certrfy under PENALTY OF PERJURY r s of the State of Califomia that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
YVONNE SPENCE, CMC
City Clerk, City of Fresno. �� F
r
O 4�
47 t
OOTry.
f,
By
De
O
O
DOC#2018-0145155 Page 8 of 8
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. 5464, Lot No.: A.P.N. No.:
THIS IS A NOTIFICATION TO YOU PRIOR TO YOUR ENTERING INTO A CONTRAC TO PURCHASE THIS
PROPERTY. THE SELLER IS REQUIRED TO GIVE YOU THIS NOTICE AND TO Y 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 p an any other charges,
fees, special taxes, and benefit assessments on the parcel. It is imposed o is p rty because it is a new
development, and may not be imposed generally upon property outside of th' ment If you fail to pay this tax
when due each year, the property may be foreclosed upon and sold. a tax se to provide public facilities or
services that are likely to particularly benefit the property. YOU SHOULD KE THI AX AND THE BENEFITS FROM
THE FACILITIES AND SERVICES FOR WHICH IT PAYS INTO ACCOU N D IDING WHETHER TO BUY THIS
PROPERTY.
(2)The maximum special tax which may be levied against this parcel ts,/ y r ongoing maintenance of public facilities
is $530.53 per lot annually for Fiscal Year 2018-2019 (valid throu u 019.) The maximum special tax shall be
adjusted annually by +3% plus the increase, if any, in the cons st index for the San Francisco Region for the
prior twelve(12) month period as published in the Engine (as applicable).
(3)The authorized facilities which are being paid for a sped I es are:
Maintenance of all landscaped areas, trees, irrigation a certain above ground infrastructure located within the
public easements and outlots within and adjacent to Fi Map No. 5464. Maintenance to include,without limitation,
all concrete curbs and gutters, valley gutters, sid ramps, entrance median curbs, and South Temperance
Avenue median capping, local street paving, trail vin t name signage and street lights within and adjacent Final
Tract Map No. 5464. Final Tract Map No. 5464 is se I of Vesting Tentative Map No. 5464 and will share the costs for
all Services in common with all final maps a e Community Facilities District No. 11 within Vesting Tentative
Map No. 5464.
These facilities may not yet have all be ed or acquired and it is possible that some may never be constructed
or acquired.
YOU MAY OBTAIN A COPY OF VED RESOLUTION WHICH ANNEXED TERRITORY AND AUTHORIZED
THE LEVY OF A SPECIAL T O NEXATION NO. 92 OF COMMUNITY FACILITIES DISTRICT NO. 11 AND
WHICH SPECIFIES MORE P Cl Y OW THE SPECIAL TAX IS APPORTIONED AND HOW THE PROCEEDS OF
THE TAX WILL BE USED, T CITY CLERK'S OFFICE OF THE CITY OF FRESNO BY CALLING (559) 621-
7650. THEREMAY B C E FOR THIS DOCUMENT NOT TO EXCEED THE REASONABLE COST OF
PROVIDING THE DOCU
I (WE) ACKNOWLE T I (WE) HAVE READ THIS NOTICE AND RECEIVED A COPY OF THIS NOTICE PRIOR
TO ENTERING I TRACT TO PURCHASE OR DEPOSIT RECEIPT WITH RESPECT TO THE ABOVE-
REFERENCED PR E I (WE) UNDERSTAND THAT I (WE) MAY TERMINATE THE CONTRACT TO PURCHASE
OR DEPOSIT T WITHIN THREE DAYS AFTER RECEIVING THIS NOTICE IN PERSON OR WITHIN FIVE
DAYS AFT EPOSITED IN THE MAIL BY GIVING WRITTEN NOTICE OF THAT TERMINATION TO THE
OWNER, D ER, OR AGENT SELLING THE PROPERTY.
TE: Buyer:
I Buyer: