HomeMy WebLinkAboutT-5117 - Agreement/Covenant - 2/17/2005 (4) WHEN RECORDED MAIL TO IIII III III I III II III III IN
11111
II IN
I IIIII
III
City Clerk FRESNO County Recorder
City of Fresno Robert C, Werner
2600 Fresno Street DOC— 2003-0287591
Fresno, CA 93721-3603 Acct 5-First American Title Insurance Company
Tuesday, DEC 02, 2003 08:00:00
Tt 1 Pd $0.00 Nbr-0001325566
rgr/R7/1-7
NO FEE-Government Code 6103
Public Works Department
2600 Fresno Street
Fresno, California 93721-3616
P.W. File No. 10515
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR LANDSCAPE MAINTENANCE
(Final Map of Tract No. 5117, of Tentative Map No. 5117)
WHEREAS,Ennis-Langdon Homes,Inc.,a California Corporation,hereinafter designated
as the "Covenantor," is the owner of that certain real property in the City of Fresno, County of
Fresno, State of California, hereafter referred to as the "Subject Property" and more particularly
described as follows and by this reference made part of this Statement of Covenants:
Lots 1 through 35, inclusive, of Tract Map No. 5117, in the City of Fresno,
County of Fresno, State of California, according to the Final Map thereof
recorded on her ,� , 2003 in Volume� of Plats at
Pages 3?4• R S ,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
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5117
Page 2
WHEREAS, Resolution No. 11803 of the Fresno City Planning Commission
conditionally approved the Vesting Tentative Map of Tract No. 5117; 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 Blythe Avenue or West Clinton 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:
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.
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5117
Page 3
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. 5117
Page 4
DATED: 64TodcR Zz, Z063
CITY OF FRESNO,
a Municipal Corporation COVENANTOR
Ennis-Langdon Homes, Inc.
JON R. RUIZ , DIRECTOR a California Corporation
Public Works Department
/ --�
By: �� L� I , kAL) By:
MICHAEL T. KIRN, Assistant Director ,
Public Works Department Brian Ennis, Secretary
APPROVED AS TO FORM: (Attach Notary Acknowledgment)
HILDA CA O-M (Attach Notary Acknowledgments)
Cit ey
By
Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of �1&(&_f'C
OnS,a 13& 1`1 2.W3 -before me,�.j�4� r, ��� P41cc-
Date I Name and Title of Ol ice .,"Jane Doe,Not Public')
personally appeared a 1l i f
Name(s)of Soer(s)
H-�-ersonally known to me
❑ proved to me on the basis of satisfactory
evidence
SU:/'N LAFFERTY to be the person(g) whose name(p) is/ere
Commis3ion#1355288 Z subscribed to the within instrument and
zNotary Public-Califorrila
Tulare County acknowledged to me that he/sheithey executed
6MYCL—L-i.ExpinmMay12 2= the same in his/heOftir authorized
capacity(ies), and that by his1her/their
signature(*on the instrument the person(z), or
the entity upon behalf of which the person(a)
acted, executed the instrument.
WIT SS my harp, and official seal.
i I ,,�
i at e o ry 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
1
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: illip
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Tod-Free 1-900-976-6827
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On October 22 , 2003 , before me, Elvia Sommerville
personally appeared Michael T. Kirn, Asst. Director Public works D-partm-nt
personally known to me(or provided 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 of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
0
By
DEPUTY
5117 COVENANT CFD2 05-13-03
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. 5117 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; 104.02 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 forthe 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. 5117
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" ....�