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HomeMy WebLinkAboutT-5029 - Agreement/Covenant - 2/15/2005 (3) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 1�11912003,2003')719020 NO FEE - Government Code 6103 CITY OF FRESNO ` Public Works Department LL P.W. File No. 10524 L) JAF: 1495 East Sarasota Way (T-5029, Lot 1) L`l a• 1d 4 �L STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 5029, Phase I of Vesting Tentative Map No. 5029 4 STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5029 Page 2 RECITALS WHEREAS, DC 5029 L.P., a California Limited Partnership, 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 290, inclusive, and Outlot A of Tract No. 5029 according to the map thereof recorded on N op-JD IO ,r` IQ . 2o03 in Volume of Plats at Page(s) 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. 11704 of the Fresno City Planning Commission conditionally approved Vesting Tentative Map No. 5029, 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 North Millbrook, East Olympic and East Copper Avenue frontages; 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 STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5029 Page 3 Subject Property and all other final map phases of the Tentative Map 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. 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 Director of the Parks, Recreation and Community Services Department. 2. Covenantor shall maintain said landscaping and irrigation system in a manner acceptable to the Parks, Recreation and Community Services 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 ' STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5029 Page 4 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 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. /// 111 STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5029 Page 5 DATED: 6G70&ER 2S, 2003 CITY OF FRESNO, COVENANTOR a Municipal Corporation DC 5029 L.P. a California Limited Partnership JON R. RUIZ, Director Public Works Department By: Team 5 Properties, Inc. a California Corporation as General Partner By Ali , Michael T. Kim, P.E., Assistant Director By: Jerry eYoung esident APPROVED AS TO FORM: HILDA CANTO-MONTOY City Attome By _ Deputy (Attach Notary Acknowledgment) LD&E FORM Covenant Landscape Maintenance v7�03 louier 5-15.03 CLERK'S CERTIFICATION STATE OF CALIFORNL4 ) CO UNTY OF FRESNO ) CITY OF FRESNO ) On October 30,2003, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Michael T. Kirn, Asst. 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. WI77NE55 my hand and official City Seal. REBECCA E. KL15CH City Clerk o � By Deputy Tract No. 5029/UGM P.W. File No. 10524 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on Anm,Gt '30, 2002 , in the office of the Fresno County Recorder in Book , Page(s) Document No. 2002-0149095 of which the Deed of Trust in by and between: PF-4eUR9 ities, IRG. , a Q41j€Qr—Ri R a i as Trustor, Fidelity National onal Tit1e ra=ny , as Trustee, and California Rank & Tnmt-, a California Ranking Cnr=arabnn , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for Landscape Maintenance for Tract No. 5029, Phase I of Vesting Tentative Map No. 5029. DATED: ,-,tFnher 29, 2owi BENEFICIARY Richard J. Au 'no Senior Vice President (Attach Notary Acknowledgement) STATE OF CALIFORNIA, }COUNTY OF FrPcnn S.S. On September 25, 2003 , before me, C. A. Snell a Notary Public in and for said County and State, personally appeared Jerry A. DeYoung personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP the basis of satisfactory evidence) to be the personXwhose namo is/subscribed to the within i9strument and acknowledged to me that C. A. SNELL he/O/thexecuted the same in his/tyar/tFoeif COMM.#1312117 authorized capacity(, and that by his/Fy*ll iew' c�lemy NOTARY PUBLIC-CALIFORNIA signature(s) on the Instrument the person(s), or ~ FRESNO COUNTY the entity upon behalf of which the personjsr Comm.Expires July 30,2005 acted, executed the instrument. WITNESS my hand a offic'al s al Signature STATE OF CALIFORNIA, COUNTY OF Fresno } S.S. On September 29, 2003 , before me, C. A. Snell a Notary Public in and for said County and State, personally appeared Richard J. Audino personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP the basis of satisfactory evidence) to be the person whose names/aw subscribed to the within Instrument and acknowledged to me that C.A. SNELL he/sh�/CF�ey executed the same in his/.hefltFyatr COMM.#1312117 authorized capacity(iearand that by his/Wt NOTARY PUBLIC CALIFORNIA si nature on the instrument the erson or '-' • FRESNO COUNTY 2005 9 P NN Comm.Expires July 30, the entity upon behalf of which the personpy" acted, executed the instrument. WITNESS my ha a ffic'al eal. Signature TE 160 Legal(2-94) This form is furnished by Chicago Title Company t • F 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. 5029, Lot 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 maybe 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 $236.74 during the 03 - 04 tax year. The maximum special tax may be adjusted annually by applying 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. 5029. Specifically, along Copper, Millbrook, Olympic and Callaway 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,AND WHICH SPECIFIES MORE PRECISELY FR M THOW THEE CITY CLERKS APPORTIONED THE CITY OF FRESNO BY CALL NG(S OF 559)621-7650.ETHERE` MAY BE A CHARGE FOR THIS DOCUMENT NOT TO EXCEED THE REASONABLE COST OF PRRyOV))IDING THE DOCUMENT.E THAT I ({�/E) OPY OF THIS NOTICE PRIOR TODENTE NG INTO ACONTRRACT READ 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. Prospective Purchaser: Date: Prospective Purchaser. Date: Prospective Purchaser: Date: EXHIBIT "A"