HomeMy WebLinkAboutT-6217 - Agreement/Covenant - CFD 11 Maintenance - 12/12/2018 RECORDING REQUESTED BY 2®18_0147824
AND WHEN RECORDED MAIL TO:
City Clerk FRESNO County Recorder
Paul Dictoa, CPR
City of Fresno
2600 Fresno Street Wednesday, Dec 12, 2018 08:00:00 A{9
Fresno, CA 93721-3603 Titles: 1 Pages: 8
Fees: 0.00
CA SB2 Fee: 0.00
Taxes: 0.00
Total: 0.00
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 C BLIC IMPROVEMENTS
FOR THE FINAL MAP OF TRACT 7, PHASE 2 OF VESTING
TENTATI AP 0. 6056
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DOC#2018-0147824 Page 2 of 8
STATEMENT OF COVENANTS
CFD Maintenance
Tract No.6217
Page 2
RECITALS
WHEREAS, WC ASHLAN HAYES, LLC, a Callfomia Limited Lia Ilty Company,
hereinafter referred to as the "Covenantor," is the owner of the real prop e t in the City of
Fresno, County of Fresno, State of California, hereinafter referred to as the " ect perty"and
more particularly described as:
Lots 1 through 62, inclusive of the Final Map ofct according to
the map thereof recorded on 2 , in
Volume M of Plats at Page(s) res County Records;
and
WHEREAS, the Covenantor hereby warrantsffiat 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. 134 f t 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 hin 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
WHEREA n ' ' n of approval of the Tentative Map requires that the maintenance of
such improvem sha the responsibility of the Covenantor,a homeowners association or the
City of Fres ') 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
unity Facilities District No. 11.
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STATEMENT OF COVENANTS
CFD Maintenance
Tract No.6217
Page 3
COVENANTS, CONDITIONS AND RESTRICTIONS
NOW THEREFORE, it is agreed in consideration of the foregoing and t 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 to' provement plans
prepared by the Covenantor and approved by the Public Wor Dire
2. Covenantor shall maintain said improvements i r 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 es District No. 11.
3. The Covenantor shall provide t e ective purchaser of each lot of the
Subject Property, the "Notice of Special Tax," attac as EXHIBIT "A," in accordance with the
provisions of Section 53341.5 of the Cali a ment 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 nd b binding upon the undersigned, its grantees, heirs,
and successors and assigns.
5. The foregoin shall remain in full force and effect until such time as the
Director of the Public Wo a ent issues a written release of such conditions and obligations
and records such rel the Fresno County Recorder.
6. Th vis of this Statement of Covenants shall be deemed independent and
severable and nva' or partial invalidity or unenforceability of any one provision or portion
thereof sh n the validity or enforceability of any one provision thereof. Whenever the
context ment of Covenants so requires,in interpreting this.Statement of Covenants,any
gen es the other genders, the singular includes the plural, and the plural includes the
i gula
If either party is required to commence any proceeding or legal action to enforce or
i rpret any term or condition of this Statement of Covenant,the prevailing party in such proceeding
DOC#2018-0147824 Page 4 of 8
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 6217
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 ti pati n of and/or
during the course of litigation,whether or not otherwise recove ys'fees"or as"costs"
under California law, and the same may be sought and ed in rdance with California
procedure as pertaining to an award of contractual attome
8. The waiver by either party of a breach by a any provision of this Statement
of Covenant shall not constitute a continuing wa' o ' r of any subsequent breach of either
the same or a different provision of this Stat ent of enant. No provisions of this Statement of
Covenant may be waived unless in writin d n by all parties to this Covenant. Waiver of
any one provision herein shall not be d t e a waiver of any other provision herein.
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STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 6217
Page 5
DATED: N1yrm BER l S z0 I S?`
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
WC ASHCAN HAY ,
Public Works Department A California Lim' Lia b'' Company
Scott Mozier, P.E., Director
By: JPF APITA L
A C I omia Li ited Liability Company,
Its So r
By:
An rew J. BenJP.E., Assistant Director os eterson,
sident and Treasurer
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By: (Attach Notary Acknowledgment)
Mary Rat a of
epu ity o
Date: < < r
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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 QcA-pb�,�r 1 201�—before me, Joy Poeng, u
(insert na a and i e of the officer)
personally appeared Joshua Peterson
who proved to me on the basis of satisfactory evidence t person(g)whose name(g) is/afe
subscribed to the within instrument and acknowledged to he/*Me/tbby executed the same in
his/h6r/thp(ir authorized capacity(ieg), and that by hi ignature(a) on the instrument the
person(q), or the entity upon behalf of which t cted, executed the instrument.
I certify under PENALTY OF PERJURY u er the of the State of California that the foregoing
paragraph is true and correct.
JOY PO XG
WITNESS m hand and official seal. 5 NOT'41��0 °AL1Rwi
Y co��ssioH•2216E01
FRasHo courmr
Mp Comm,a*. A 2021
Signature (Seal)
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DOC#2018-0147824 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 Califomia )
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 i s 06partment 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 low le to me that he/she/they executed the
same in his/her/their authorized capaci n at by his/her/their signature(s) on the
instrument the person(s), or the entity u eh 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 corre
WITNESS my hand and official s
YVONNE SPENCE, CMC
City Clerk, City of Fresno
O F FgE,ay
By # o
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DOC#2018-0147824 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. 6217, 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 0 T PY 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 arty 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 ' to provide public facilities or
services that are likely to particularly benefit the property. YOU SHOULD KE THI TAX AND THE BENEFITS FROM
THE FACILITIES AND SERVICES FOR WHICH IT PAYS INTO ACCO IN D IDING WHETHER TO BUY THIS
PROPERTY.
(2)The maximum special tax which may be levied against this parce ay f r ongoing maintenance of public facilities
is $657.21 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 ct' st index for the San Francisco Region for the
prior twelve(12) month period as published in the En in ri (as applicable).
(3)The authorized facilities which are being paid for the spe ' taxes, are:
Maintenance of all landscaped areas, trees, and ' i ms, all concrete curbs and gutters, valley gutters,
sidewalks and curb ramps, interior local street pavin t name signage and street lights associated with Final Tract
Map No. 6217. Final Tract Map No. 6217 is Pha f ' g Tentative Map No. 6056 and will share the costs for all
Services in common with all final maps annexed the munity Facilities District No. 11 within Vesting Tentative Map
No. 6056.
These facilities may not yet have all been or acquired and it is possible that some may never be constructed
or acquired.
YOU MAY OBTAIN A COPY OF TH P ED RESOLUTION WHICH ANNEXED TERRITORY AND AUTHORIZED
THE LEVY OF A SPECIAL TAX NEXATION NO. 93 OF COMMUNITY FACILITIES DISTRICT NO. 11 AND
WHICH SPECIFIES MORE PRE Y THE SPECIAL TAX IS APPORTIONED AND HOW THE PROCEEDS OF
THE TAX WILL BE USED, FROW rfY CLERK'S OFFICE OF THE CITY OF FRESNO BY CALLING (559) 621-
7650. THERE MAY BE A H OR THIS DOCUMENT NOT TO EXCEED THE REASONABLE COST OF
PROVIDING THE DOCUM
I (WE)ACKNOWLEDGE T I HAVE READ THIS NOTICE AND RECEIVED A COPY OF THIS NOTICE PRIOR
TO ENTERING IN O CT TO PURCHASE OR DEPOSIT RECEIPT WrrH RESPECT TO THE ABOVE-
REFERENCED PR I (WE) UNDERSTAND THAT I (WE) MAY TERMINATE THE CONTRACT TO PURCHASE
OR DEPOSIT R HIN THREE DAYS AFTER RECEIVING THIS NOTICE IN PERSON OR WITHIN FIVE
DAYS AFTER IT S POSITED IN THE MAIL BY GIVING WRITTEN NOTICE OF THAT TERMINATION TO THE
OWNER, SU OR AGENT SELLING THE PROPERTY.
D Buyer:
eller Buyer: