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HomeMy WebLinkAboutT-5127 - Agreement/Covenant - 2/9/2005 (3) `v WHEN RECORDED MAIL TO: IIII III III III II II IIIIII 11111111111 IN I III 11111 City Clerk FRESNO County Recorder City of Fresno Robert C. Werner 2600 Fresno Street DOC— 2004-0106599 Fresno, CA 93721-3603 Aect 1-Financial Title Company (C) Friday, MAY 14, 2004 08:00:00 Ttl Pd $0.00 Nbr-0001478416 rgr/R7/3-12 NO FEE-Government Code 6103 CITY OF FRESNO Public Works Department P.W. File No. 10614 JAR 5784 E. Byrd Ave. (T-5127, Lot 1) STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR-LANDSCAPE MAINTENANCE FOR TRACT NO. 5127 STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5127 Page 2 RECITALS WHEREAS,SUNNYSIDE RIDGE PARTNERS,LLC,a California Limited Liability Company, 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 49, inclusive, of Tract No. 5127 according to the map thereof recorded on Mn ti 1� , 20Q� in Volume n of Plats at Pages L+ 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 WHEREAS, Resolution No. 11881 of the Fresno City Planning Commission conditionally approved the Vesting Tentative Map of Tract No. 5127, 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 East Jensen Avenue and South Sunnyside 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 v G STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5127 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 invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5127 Page 4 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 HI 111 I// /// III /// 111 STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5127 Page 5 DATED: /VI A'1 �f� 213dY CITY OF FRESNO, COVENANTOR a Municipal Corporation SUNNYSIDE RIDGE PARTNERS, LLC a California Limited Liability Company Public Works Department By: Generation Homes, Inc. a California Corporation, its manager By: By: Michael T. Kirn, P.E. Director Robert Wood, President APPROVED AS TO FORM: (Attach Notary Acknowledgment) Hilda Cantu Montoy City Attorney By: a� Deputy LDBE FORM Covenant Landscape Maintenance v9-19-03 Jon8 2-24-04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California ss. County of i On 4-2-04 before me, 3-b SAWAS , Date ,.,c���,,. Name and Dhe of Officer(e.g.,'Jane Doe,Notary Public'l personally appeared Q(��.Y -1 Name(s)of Signers) l' rsonally known to me ❑ proved to me on the basis of satisfactory evidence i to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed I the same in his/her/their authorized ,w►M� MARY JO SALAS capacity(ies), and that by his/her/their a 3�� COMM.*1409486 signature(s)on the instrument the person(s), or 0 0 NOTARY PUBUC-CALIFORNIA the entity upon behalf of which the person(s) to FRESNO COUNTY acted, executed the instrument. my Cantu.Exp.April 6,200T "ESS my hand and oft0&I se . ignature of Notary Public I 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 Title or Type of Document: i Document Date: Number of Pages: Signer(s)Other Than Named Above: i Capacity(ies) Claimed by Signer Signer's Name: 1 ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): i ❑ Partner—❑ Limited ❑General i ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association-9350 De Soto Ave.,PA,Boz 2402-Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No.5907 Reorder:Call Tolf-Free 1-000.87&6827 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On May 5,2004, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Michael T. Kirn, 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. WITNESSmy hand and official City Seal. REBECCA E. KL ISCH, CMC CITY CLERK By1 ,Q, Deputy Tract No. 5127 P.W. File No. 10614 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on March 7 , 2003, in the office of the Fresno County Recorder, Document No. 2003-0053619 , and modified per Document No. 2003-0297661 recorded on December 16, 2003 in the office of the Fresno County Recorder, of which the Deed of Trust in by and between: Sunnyside Ridge Partners LLC, a California limited liability company as Trustor, Financial Title Company, a California corporation , as Trustee, and Reedley Investments I. LLC, a California limited liability company , 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. 5127. DATED: BENEFICIARY Rpedieytnvest ents I, L , lifornVted ,il, company :v,l.' (5y� By: (Provide name and title of signature and Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California ss. County of n before S N Tip I O , be o e me, Date Name and Tile of officer(e.g.,"Jane D , otary Public") personally appeared � S� I Name(s)of Signer(s) 1fpersonally known to me C proved to me on the basis of satisfactory -evidence I to be the person(s) whose name(s) is/are Amemcol. MS.I.MIGEtMTER subscribed to the within instrument and•130=4 acknowledged to me that he/she/they executed C LWNTY �► %rCww a FRESNOMCOUNTY the same in his/her/their authorized i �, �00a 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 my hand and official seal. Place Notary Seal Above Signature of Notary P is •I 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. ` I Description of Attached Document Title or Type of Document: Document Date: Number of Pages: i Signer(s)Other Than Named Above: Il Capacity(les) Claimed by Signer Signer's Name: _ ❑ Individual Top of thumb here I-] Corporate Officer—Title(s): Ll Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Cl Guardian or Conservator El Other: 11. Signer Is Representing: i .j 0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 Tract No. 5127 P.W. File No. 10614 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on December 23 , 2003, in the office of the Fresno County Recorder, Document No. 2003-0303270 of which the Deed of Trust in by and between: Sunnyside Ridge Partners LLC, a California limited liability company as Trustor, Financial Title Company, a California corporation , as Trustee, and Housing Capital Company, a Minnesota partnership , 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. 5127. DATED: BENEFICIARY Housing Capital Company, a Minnesota partnership '-�X I Tj.✓-- a. l C By: (Provide name and title of signature and Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I I� State of California l 5 ss. County of �{- /v mk" Jo SP�s On �7i�V before me, , Date `'[�_ me and Title of Officer(e.g.,`Jane Doe,Notary Public") personally appeared Name(s)of Signer(s) I -epersonally known to me ❑ proved to me on the basis of satisfactory evidence i I 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 ..�•"a MARY JOSALAS capacity(ies), and that by his/her/their ^� COMM.X1409435 a' signature(s)on the instrument the person(s), or owe = NOTARY PUBLIC-CJWFORNfA N the entity upon behalf of which the person(s) FRESNO COUNTY acted, executed the instrument. ` My Carom.OP.AprN 6,2007 i, ftSS mofficial al. of Notary Public I 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 Title or Type of Document: i, Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: i i ❑ Individual Top of thumb here ( ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact (, ❑ Trustee ❑ Guardian or Conservator ❑ Other: l Signer Is Representing: i iD 1999 National Notary Association•9350 Do Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www riationalnotary.org Prod.No.5907` Reorder:Call Toll-Free 1-600-676.6627 1 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. 5127, 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. Itis imposed on this property because it is anew 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$200.30 during the 03-04 tax year. The maximum special tax shall be adjusted annually by+2%,plus the increase, if any, in the construction cost index for the San Francisco Region f or the prior twelve(12)month period as published in the Engineering News Record (as applicable). (3)The authorized facilities which are being paid f or 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 T entative Tract No. 5127, specif ically, along E.Jensen and S. Sunny side Avenues. These facilities may not yet have all been constructed or acquired and it is possible that som a 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"