HomeMy WebLinkAboutT-4983 - Agreement/Covenant - 12/29/2005 (4) } WHEN RECORDED MAIL TO:
City Clerk
City of Fresno 12/29/1005,10050303877 j
2600 Fresno Street
Fresno, CA 93721-3603
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nom.. NO FEE -Government Code 6103 ,
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CITY OF FRESNO
U Public Works Department
P.W. File No. 10338
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 4983
B
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STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 4983
Page 2
s RECITALS
WHEREAS, Ennis Homes, 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 53,inclusive,.together with Oulots "A"&T" of Final Tract Map No.
4983, in the City of Fresno, County of Fresno, State of California, according to the
map thereof recorded on a`I 2005, in Volume -2 5� —, of
Plats at Page(s), d- , Fresno County Records.
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. 11535 of the Fresno City Planning Commission conditionally
approved Vesting Tentative Tract No. 4983/UGM; hereinafter referred to as the "Tentative Map";
and
WHEREAS, a condition of approval of the Tentative Map requires the Covenantor to install
and maintain the landscaping and irrigation system within the landscape easement along the rear
and side property lines of lots which back-onto or side-onto the West Dakota and North Cornelia
Avenue frontages within the Tentative Map; and
WHEREAS, a condition of approval of the Tentative Map requires that the maintenance of
such landscaping and irrigation system shall be the responsibility of the Covenantor,a homeowners
association or the 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.No. 2; and
WHEREAS, Covenantor has requested the City to annex the Subject Property to the City's
Community Facilities District No. 2.
r
M STATEMENT'OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 4983
J 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. Said landscaping and irrigation system 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 landscaping and irrigation system 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. 2.
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.
a
.:.: STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 4983
Page 4
t ..
6. The provisions of this Statement 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 so requires, in interpreting this Statement, any gender includes the other genders, the
singular includes the plural, and the plural includes the singular.
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STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 4983
Page 5
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation Ennis Homes, Inc., a California Corporation
DAVID D. HEALEY, Director
Public Works Department
By.
Brian Ennis, President
By: 'v
Michael T. Kirn, Assistant Director
s
APPROVED AS TO FORM:
Hilda Cantu Montoy
City Attor y
By:
Deputy (Attach Notary Acknowledgments)
Revised: 08/31/2005,
X,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 1 do m ss.
On ���. i o rJ� before me, U.San Lcl
o Kate Name and Title of Officer(e.g.,"J a Doe,Notary Public")
personally appeared
Name(s)of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person($) whose name($) is/afe subscribed
to the within instrument and acknowledged to me that
SUSAN LAFFFRTY he/sbRAhey executed the same in his/he#tbeir
commisBion#1350M authorized capacity(ies), and that by his/her,41;eir
NdMPublic-ca5fonda signature(h) on the instrument the person($), or the
Tulare COU* entity upon behalf of which the person(%) acted,
V0*Corwn.E*=M3Y1Z2j=
executed the instrument.
WI NESS my and and o -ial seal.
Place Notary Seal Above —
gnat re of Notary Public
OPTIONAL'
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another 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:
El Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
El Partner—❑ Limited ❑ General El —❑Limited El_
El Attorney in Fact El Attorney in Fact INy Top of thumb here y Top of thumb here
❑' Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On December 21, 2005, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
Michael T. Kirn,Assistant Public Works Director, known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose name(s) 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(s) the person(s),
or the entity upon behalf of the City of Fresno of which the person(s) acted, executed the
instrument.
WITNESS my hand and official City Seal.
REBECCA E. KL ISCH, CMC
CITY CLERK
CD
By
Deputy December 21,2005(10:35am)
'iii
FV
a
NOTICE OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 2
COUNTY OF FRESNO, CALIFORNIA
TO: THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY KNOWN AS:
Tract No. 4983, Lot No. A.P.N. No.:
THIS IS A NOTIFICATION TO YOU PRIOR TO YOUR ENTERING INTO A CONTRACT TO PURCHASE
THIS PROPERTY. THE SELLER IS REQUIRED TO GIVE YOU THIS NOTICE AND TO OBTAIN A COPY
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 property taxes and any other
charges, fees, special taxes, and benefit assessments on the parcel. It is imposed on this property because
it is a new development, and may not be imposed generally upon property outside of this new development.
If you fail to pay this tax when due each year,the property may be foreclosed upon and sold. The tax is used
to provide public facilities or services that are likely to particularly benefit the property. YOU SHOULD TAKE
THIS TAX AND THE BENEFITS FROM THE FACILITIES AND SERVICES FOR WHICH IT PAYS INTO
ACCOUNT IN DECIDING WHETHER TO BUY THIS PROPERTY.
(2) The maximum special tax which may be levied against this parcel to pay for ongoing maintenance of
public facilities is$287 during the 05-06 tax year. The maximum special tax may be adjusted annually by
+3%.plus the increase, if any, in the construction cost index for the San Francisco Region for the prior twelve
(12) month period as published in the Engineering News Record (as applicable).
(3)The authorized facilities which are being paid for by the special taxes, and by the money received from
the sale of bonds which are being repaid by the special taxes, are:
Landscaping adjacent to Tentative Tract No. 4983. Specifically along Cornelia and Dakota Avenues.
These facilities may not yet have all been constructed or acquired and it is possible that some may never be
constructed or acquired.
YOU MAY OBTAIN A COPY OF THE RESOLUTION OF FORMATION WHICH AUTHORIZED CREATION
OF THE COMMUNITY FACILITIES DISTRICT, ANNEXATION 31, AND WHICH SPECIFIES MORE
PRECISELY HOW THE SPECIAL TAX IS APPORTIONED AND HOW THE PROCEEDS OF THE TAX WILL
BE USED, FROM THE CITY CLERK'S OFFICE OF THE CITY OF FRESNO BY CALLING (559)621-7650.
THERE MAY BE A CHARGE FOR THIS DOCUMENT NOT TO EXCEED THE REASONABLE COST OF
PROVIDING THE DOCUMENT.
I (WE) ACKNOWLEDGE THAT I (WE) HAVE READ THIS NOTICE AND RECEIVED A COPY OF THIS
NOTICE PRIOR TO ENTERING INTO A CONTRACT TO PURCHASE OR DEPOSIT RECEIPT WITH
RESPECT TO THE ABOVE-REFERENCED PROPERTY. I (WE) UNDERSTAND THAT I (WE) MAY
TERMINATE THE CONTRACT TO PURCHASE OR DEPOSIT RECEIPT WITHIN THREE DAYS AFTER
RECEIVING THIS NOTICE IN PERSON OR WITHIN FIVE DAYS AFTER IT WAS DEPOSITED IN THE MAIL
BY GIVING WRITTEN NOTICE OF THAT TERMINATION TO THE OWNER, SUBDIVIDER, OR AGENT
SELLING THE PROPERTY.
Date: Buyer:
Seller: Buyer:
EXHIBIT "A"
17
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on December 30, 2004, in the office of the Fresno County Recorder as Document No.
2004-291507 of which the Deed of Trust in by and between: Ennis Homes Inc., as Trustor, First
American Title Insurance Company, a California Corporation, as Trustee, and Bank of Visalia, as
Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto
to the foregoing Statement of Covenants Affecting Land Developmentfor Landscape Maintenance
for Tract No. 4983.
DATED: 30 , 2005
TRUSTEE or BENEFICIARY
B
Y•
N3A, I d S. L_66 h �cc e Qrest de�-�-
By:
(Trustee/Beneficiary to print/type Name and Title; and
attach Notary Acknowledgment)
OPP-
'T
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County ofyss.
N
On Q�er►ti ZCk� before me, ,
Date Name and Title of Officer(e.g.,"Jane Obe,Notary Public")
personally appeared ��� 's. " 1
Name(s)of Signer(s)
personally known to me
11 proved to me on the basis of satisfactory evidence
to be the person(t) whose name(s) is/ace subscribed
to the within instrument and acknowledged to me that
he/s4efthey executed the same in his/herf heir
SUMN LAFFERTY
Comm;ssion#1358288 authorized capacity(ies), and that by his/*erft14Eir
x NotarpPublic-Cellfonds I signature() on the instrument the person(), or the
Tulam County ir entity upon behalf of which the person() acted,
MyCOMM-E4*WMl1y1IZ 008 executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
S nat re of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another 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:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
• Partner—❑ Limited ❑ General ❑ Partner—❑Limited ❑ General
❑ Attorneyin Fact . O Attorneyin Fact '
Top of thumb here Top of thumb here
❑ Trustee. ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free-1-800.876-6827