HomeMy WebLinkAboutT-5103 - Agreement/Covenant - 8/11/2006 (3) WHEN RECORDED MAIL TO IIII III III I III II III III III II�III IIII I IIII I III II III
FRESNO County Recorder
City clerk
City of Fresno Robert C, Werner 2600 Fresno Street DOC— 2883-0214581
Fresno, CA 93721-3603 Acct 5-First American Title Insurance company
Tuesday, SEP 09, 2003 08:00:00
FRE $0.00
Tt 1 Pd $0.00 Nbr-0001242025
r9r/R7/2-9
NO FEE-Government Code 6103
I
Public Works Department
2600 Fresno Street
Fresno, California 93721-3616
P.W. File No. 10474
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR LANDSCAPE MAINTENANCE
(Final Map of Tract No. 5103, Phase III of Tentative Map No. 4188)
WHEREAS, Northern Sun Villas Estates, 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 49, of Final Map of Tract No. 5103 recorded in Volume CD
of Plats at Page(s) Q-2 - , 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
11 1,
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5103
Page 2
WHEREAS, Resolution No. 10010 of the Fresno City Planning Commission
conditionally approved the Revised Vesting Tentative Map of Tract No. 4188/UGM400;
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
South Minnewawa Avenue frontage 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 No. 2;
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.
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:
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5103
Page 3
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 and Recreation Department.
2. Covenantor shall maintain said landscaping and irrigation system in a
manner acceptable to the Parks and Recreation 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.
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.
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5103
Page 4
DATED: 3 r03
COVENANTOR
CITY OF FRESNO,
a Municipal Corporation Northern Sun Villas Estates,
a California Limited Partnership
Jon R. Ruiz, Director
Public Works Department Northern California Universal Enterprise Co.
a California Corporation, as Partner
By
Michael T. Kirn, Assistant Director Joe Wu resident
Public Works Department
APPROVED AS TO FORM:
(Attach Notary Acknowledgments)
HILDA CAN U-MON Y
C' orn y
By
Deputy
Tide or type of Document ��1�
STATE OF CALIFORNIA Number of Pages Date of Document
I
County of Signer(s) Other than named below
/r'�.=�-C f-`�
0n t -s before me 713i�' . c>.���5 personally appeared
C' u,.L c
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are-
subscribed
s/aresubscribed 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 this/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my nd and official seal __-.
/ COMM. I . 2t>29
Signatur2�— �• (Seal) NOl'.wO M, r,uFOANIA
Notary Pub tc in and fd said County d State MEACF., n
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0001 (Rev.4194)
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IL - NOTARY PUBLIC-CALIFORNIA
MERGED COUNTY
I My Comm.EXOM MR 19.2008
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On September 4,2003, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
Michael T. Kirn,Assist. 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
CITY CLERK
CC �
By??�/tCyC?�
Deputy
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. 5103 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 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 $ 23.00 during the 2003 - 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 within Tract No. 5103
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
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) 498-1321. 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.
Prospective Purchaser: Date:
Prospective Purchaser: Date:
Prospective Purchaser: Date:
EXHIBIT "A"
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on March 11, 2003, in the office of the Fresno County Recorder, Document
No. 2003-0055914 of which the Deed of Trust in by and between Northern Sun Villas Estates,
a California Limited Partnership, as Trustor, First American Title Company, a Corporation, as
Trustee and Grand Pacific Financing Corporation, as Beneficiary, hereby expressly
subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement
of Covenants for Landscape Maintenance for Tract No. 5103, Phase III of Vesting Tentative
Tract No. 4188/UGM.
DATED: August 12 , 200
Richard Tao, Senior Vice President
Gamna Fincnc►n5 CvnpDrc-+rorL
(Attach Notary Acknowledgment)
State of California )
s.s
County of Los Angeles )
On August 12, 2003 before me, Keith Lam, Notary Public, personally appeared Richard
Tao, personally known to me (er-proved to me on the basis of smisf eter- ,a •lames) to be
the person(s) whose name(s) is/ate subscribed to the within instrument and acknowledged
to me that he/ske4hey executed the same in his/he64hei-r- authorized capacity(}es), and
that by his/hen4hek signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
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Notary Public-Califomla
Los Angeles County
My Comm.Fries Jan 20,2M5
Signature of Notar ublic (Seal)
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