HomeMy WebLinkAboutT-6217 - Agreement/Covenant - Landscape Maintenance - 12/12/2018 mill MOM C0 1011 IF i'AwilwU 11i wNril k 11111
RECORDING REQUESTED BY 2018-0147823
AND WHEN RECORDED MAIL TO:
FRESNO County Recorder
City Clerk Paul Dfctos, CPA
City of Fresno Wednesday, Doc 12, 2018 08:00:00 AM
2600 Fresno Street Titles: 1 Pages: 7
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
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STATEMENT OF COVENANTS AFFE I ND DEVELOPMENT
FOR THE MAINTENANCE OF E IMPROVEMENTS FOR
CERTAIN LOTS WITHIN THE FI P OF TRACT NO. 6217,
PHASE 2 OF VESTIN N TIVE MAP NO. 6056
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DOC#2018-0147823 Page.2 of 7
STATEMENT OF COVENANTS
Landscape Maintenance
Tract No.6217
Page 2
RECITALS
WHEREAS, WC ASHLAN HAYES, LLC, a Califomla Llmlted Lia 'lity Company,
hereinafter referred to as the "Covenantor," is the owner of the real prope at in the City of
Fresno, County of Fresno, State of California, hereinafter referred to as the ect perty"and
more particularly described as:
Lots 10, 40,47 and 59 of the Final Map of Trao. rding to the
V4map thereof recorded on 2 2 in
Volume RBof Plats at Page(s) 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 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. 13 f resno City Planning Commission conditionally
approved Vesting Tentative Map No. he inafter referred to as the "Tentative Map;" and
WHEREAS,a condition o p I of the Tentative Map requires the Covenantor to install
and maintain certain improv n the limits of the Tentative Map; and
WHEREAS, a con ' ' f a proval of the Tentative Map requires that the maintenance of
such improvements s b e responsibility of the Covenantor,a homeowners association or the
City of Fresno's (" s") munity Facilities District; and
WHE Cov antor has elected to satisfy the majority of this maintenance condition by
annexing t Property in the City's Community Facilities District. The remaining
improve t annexed into the City's Community Facilities District- are the landscape
improv within a 5 foot landscape area on the Subject Property that is adjacent to and sides
0 o a et; and
HEREAS, Covenantor has elected to satisfy this maintenance condition by Covenantors
nal responsibility; and
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DOC#2018-0147823 Page 3 of 7
STATEMENT OF COVENANTS
Landscape Maintenance
Tract No.6217
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 h by covenants,
promises and agrees with the City of Fresno for the benefit of said City t
1. The landscape improvements within a 5 foot landscape a u Property
that is adjacent to and sides onto a street will be designed and in rdi g to improvement
plans prepared by the Covenantor and approved by the Publi orks i e or.
2. Covenantor shall maintain said improvements ov ntor's sole expense in a
manner acceptable to the Public Works Director.
3. The Covenantor shall provide to every p urchaser of the Subject Property,
a copy of this covenant.
4. It is the intention hereof that docum t shall constitute a covenant in favor of the
City of Fresno and shall run with the land upon the undersigned, its grantees, heirs,
and successors and assigns.
5. The foregoing conditio all main in full force and effect until such time as the
Director of the Public Works Dep r� i sues a written release of such conditions and obligations
and records such release w' o County Recorder.
6. The provisthi Statement of Covenants shall be deemed independent and
severable and the in ' partial invalidity or unenforceability of any one provision or portion
thereof shall not a t th lidity or enforceability of any one provision thereof. Whenever the
context of the S en Covenants so requires, in interpreting this Statement of Covenants,any
gender incl a her genders, the singular includes the plural, and the plural includes the
singular.
If either party is required to commence any proceeding or legal action to enforce or
i t rpre ny term or condition of this Statement of Covenant,the prevailing,party in such proceeding
ion shall be entitled to recover from the other party its reasonable attorneys fees and legal
enses. For the purposes of this Statement of Covenant, "attomeys'fees°and"legal expenses"
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DOC#2018-0147823 Page 4 of 7
STATEMENT OF COVENANTS
Landscape Maintenance
Tract No. 6217
Page 4
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 anti ion of and/or
during the course of litigation,whether or not otherwise recoverable as"alto r as"costs"
under California law, and the same may be sought and awarded in a w' California
procedure as pertaining to an award of contractual attorneys' f
8. The waiver by either party of a breach by the oth of any r vision of this Statement
of Covenant shall not constitute a continuing waiver or a wai an subsequent breach of either
the same or a different provision of this Statement of Co provisions of this Statement of
Covenant may be waived unless in writing and i al arties to this Covenant. Waiver of
any one provision herein shall not be deem to be a Iver of any other provision herein.
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DOC#2018-0147823 Page 5.of 7
STATEMENT OF COVENANTS
Landscape Maintenance
Tract No.6217
Page 5
DATED: /Vd Qf
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
WC ASH LAN HAYE
Public Works Department A California Limited L' ity any
Scott Mozier, P.E., Director
By: JPF CAPITAL
A Califomia L' ed L' bility Company,
Its So
By: B .
Andrew J. Benet' . ., Assistant l5ireGtor J Peterson,
ent and Treasurer
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
(Attach Notary Acknowledgment)
By:
aterman-
Deputy City A ey
Date: ' 1
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DOC#2018-0147823 Page 6 of 7
ACKNOWLEDGMENT
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 Fresno )
On Oc}ob-e-✓ 117 o I% before me, .joy Poeng, b
(insert n e and t ti of the officer)
personally appeared Joshua Peterson
who proved to me on the basis of satisfactory evidence t ersonV whose name(gr) is/are
subscribed to the within instrument and acknowledged he/sA/thley executed the same in
his/h4r/th authorized capacity(iA, and that by hi it signature( on the instrument the
person(Kor the entity upon behalf of which th ted, executed the instrument.
I certify under PENALTY OF PERJURY u r the la of the State of California that the foregoing
paragraph is true and correct.
JOY POENO
ORNIA
WITNESS my hand and official seal. NOT�MUM"0221511
FMNO COUNTY
ekoj comm.a*.sepwrbe 20,2mi
Signature (Seal)
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DOC#2018-0147823 Page 7 of 7
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 )
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On November 15. 2018 before me, Cindv J. Bru r City Clerk, personally appeared,
Andrew J. Benelli Assistant Director of the Pu 1 s 0 partment of the City of Fresno who
proved to me on the basis of satisfactory eviden o the person(s) whose name(s) is/are
subscribed to the within instrument and owl d to me that he/she/they executed the
same in his/her/their authorized capaci at by his/her/their signature(s) on the
instrument the person(s), or the entity up h of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJ Y er the laws of the State of California that the
foregoing paragraph is true and con-ec.
WITNESS my hand and official s
YVONNE SPENCE, CMC
City Clerk, City of Fresno
OFF/P'
By 0
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