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HomeMy WebLinkAboutT-5107 - Agreement/Covenant - 2/17/2005 (3) WHEN RECORDED MAIL TO: IN III III I 111111111111111111111111111111 IN I III FRESNO County Recorder City Clerk City of Fresno Robert C, Werner 2600 Fresno Street DOC— 2004-0036757 Fresno, CA 93721-3603 Acct 5-First American Title Insurance Company Wednesday, FEB 18, 2004 08:00:00 Ttl Pd $0,00 Nbr-0001394348 rgr/R7/2-10 NO FEE- Government Code 6103 CITY OF FRESNO Public Works Department P.W. File No. 10572 APN: 312-071-10 & 312-081-02 JAR W. Clinton Avenue ( Lot 1) STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 5107 t STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5107 Page 2 RECITALS WHEREAS, Thomas Anthony Spino and Diana M. Spino, shall be jointly designated and 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 18, inclusive, of Tract No. 5107 according to the map thereof recorded on , 200.q.. in Volume b_, o tats at Page(s) � �, + Q' 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. 11843 of the Fresno City Planning Commission conditionally approved the Vesting Tentative Map of Tract No. 5107, 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 Milburn, North Lodi 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 c STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5107 Page 3 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 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 c STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5107 Page 4 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. 5107 Page 5 DATED: 'Z-\ 13 At- CITY OF FRESNO, COVENANTOR a Municipal Corporation Thomas Anthony Spino and Diana M. Spino, Husband and Wife, Joint Tenants Jon R. Ruiz, Director --'1 Public Works Department By. ; Thomas Anthony Spino Michael T. Kim, P.E., Assistant Director APPROVED AS TO FORM: By: Diana M. Spino Hilda Cantu Montoy City Attorney (Attach Notary Acknowledgment) By: Deputy IN AMEN � IC o� } STATE OF CALIFORMA }ss. COUNTY OF On QQ� �� 0 3 , before me, , personally appeared ' , 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 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 the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. RUTH A KUSAMURA WITNESS my h d and offigial seal. � .' '" COMM.*1328574 m ih Notary Public-Callfomla N W FRESNO COUNTY -` / My Comm.EzP•Nor�1,4003 Signature (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008(1/94)(General) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On February 12, 2004 before me, Elvia Sommerville, Deputy City Clerk personally appeared Michael T. Kirn, Assistant Public Works Director personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s)whose name(s)is/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 which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH, CMC CITY CLERK a DEPUTY SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 4, 2003 , in the office of the Fresno County Recorder as Instrument No. 2003-0077355 of which the Deed of Trust in by and between: Thomas Anthony Spino and Diana M. Spino, Husband and Wife , as Trustor, First American Title Company, a California Corporation , as Trustee, and Simone S. Simonian and Virginia Simonian, as trustees of the Simone S. Simonian and Virginia Simonian Revocable Living Trust Agreement dated May 13. 1992, as to an undivided % interest and Stanley Simonian. a married man dealing with his separate property as to an undivided % interest , 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. 5107, of Vesting Tentative Map No. 5107. DATED: 3 BENEFICIA � " By: Simone . Simonian , By. . Virgini mo ian By: Stanley Simonian (Attach Notary Acknowledgments) � AMERI o� } STATE OF CALIFORNIA }ss. COUNTY OF On before m , personally appeared 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 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 the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS y h t nd and offici I seal. __ RUTH AZKI r' COMM.01328574 m -1& s Notary PubllaCalifornia Signature FRESNO COUNTY #0MY Comm.EXP.Nov 21,2005 (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged ' 3008(1/94)(General) ti 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. 5107, 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$ during the 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 forthe priortwelve(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. 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)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. Prospective Purchaser: Date: Prospective Purchaser: Date: Prospective Purchaser. Date: EXHIBIT"A"