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HomeMy WebLinkAboutT-5123 - Agreement/Covenant - 8/11/2006 (5) A WHEN RECORDED MAIL TO: IIIIIIIII III I III IIIIIIIIII III IN 11111111111111111111 City Clerk FRESNO County Recorder City of Fresno Robert C, Werner 2600 Fresno Street DOC— 2003-0205990 Fresno, CA 93721-3603 Acct 1-Financial Title Company (C) Friday, AUG 29, 2003 08:00:00 FRE $0.00 Tt 1 Pd $0.00 Nbr-0001231259 NO FEE-Government Code 6103 r g r/RS/2-9 CITY OF FRESNO Public Works Department P.W. File No. 10533 JAF: (T-5123, Lot 1) STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 5123 RECITALS WHEREAS, Synergy-Golden Dawn, LLC, a California Limited Liability Company, 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 96,inclusive,of Tract No.5123 according to the map thereof recorded in Volume `'_�_ of Plats at Pages q _H 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 J STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5123 Page 2 WHEREAS,Vesting Tentative Map No.4677 was approved with conditions by the Fresno City Planning Commission on October 5, 1995 by Resolution No. 95-69; 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 Armstrong 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. CONDITIONS, COVENANTS 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 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. STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5123 Page 3 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. 5123 Page 4 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation Synergy-Golden Dawn,LLC, a California Limited Liability Company JON R. RUIZ , DIRECTOR Public Works Department By/ �r By: �"fi1:1;afalf; Managing Member JOSHUA E. SABAH MICHAEL T. KIRN, Assistant Director Public Works Department APPROVED AS TO FORM: HILDA CANTO-MONTOY City Attorney By Deputy (Covenantor: Attach Notary Acknowledgments) LD&E FORM Covenant Landscape Maintenance v7-3-03 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On JULY 10, 2003 before me,F. TAMASHIRO DATE NAME,TITLE OF OFFICER" personally appeared JOSHUA E. SABAH NAMES)OF SIGNER(S) El 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 acknowledge 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 F.TAWSHIRO instrument the person(s), or the entity upon behalf o Commission#13602307 7 which the person(s)acted,executed the instrument. d Notary Public-California Fresno County My Comm.Expims Jun 16,2006 WITNESS my hand and official seal WW SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNED DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) DATE OF DOCUMENT ❑ GUARDIAN/CONSERVATOR El OTHER: MANAGING MEMBER- SIGNER(S)OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On August 19, 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 By` = J Deputy Tract No. 5123/UGM P.W. File No. 10533 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on February 26, 1999 as Document No. 1999-0030821 in the office of the Fresno County Recorder of which the Deed of Trust in, by and between TRUSTOR: Synergy-Golden Dawn LLC, a California Limited Liability Company, and TRUSTEE: Chicago Title Company, a California Corporation, and BENEFICIARY: Golden Dawn-Fresno, L.P., a California Limited Partnership, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants (Tract No. 5123). DATED: A;�-�( (��' , 2003 BENEFICIARY: Golden Dawn-Fresno, L.P., a California limited partnership By: HHP/MS #1 GP, L.P., a California limited partnership General Partner By: Hearthstone, Inc. a California corp atio General Partner By: '1 cy T. C er enior Vice President (Beneficiary to Type Names,Titles&Attach Notary Acknowledgments) Document: Subordination to Statement of Covenants Affecting Land Development for Landscape Maintenance—Tract 5123 Golden Dawn-Fresno, L.P. State of California ) ) ss. County of San Francisco ) On July 10, 2003, before me, Angie Wong, Notary Public, personally appeared TRACY T. CARVER, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. _ s AyGIE WON 0 COMM.#1280183 a 0 NOTARY PUBLIC.CALIFORNIR. c CITY a COUNTY OF SAN FP.ANCI£.0 0 C COMM.EXP.OCT.13,2004 - t (Seal) Notary's Signature r` 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. 5123, 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 $ 67.00 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 forthe 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. 5123 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"