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Home My WebLink AboutT-5136 - Agreement/Covenant - 3/2/2005 (3) WHEN RECOkDED MAIL TO: IIII III III I IN 111111111 City Clerk FRESNO County Recorder City of Fresno Robert C. Werner 2600 Fresno Street DOC— 2004-0256422 Fresno, CA 93721-3603 Acct 4-Fidelity National Title Company Tuesday, NOV 16, 2004 08:00:00 Tt 1 Pd $0.00 Nbr-0001655338 rgr/R7/1-8 NO FEE- Government Code 6103 CITY OF FRESNO Public Works Department P.W. File No. 10686 JAF: 1495 North Mitre Avenue (T-15136, Lot 1) STATEMENT OF OVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE ; FOR TRACT NO. 5136 q STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5136 Page 2 RECITALS WHEREAS, THE McCAFFR Y GROUP, INC., a California Corporation shall hereinafter designated and referred to as the"Co enantor,"is the owner of the real property situated in the City of Fresno, County of Fresno, State o California, hereinafter referred to as the "Subject Property" and more particularly described as: Lots 1 through 19, Ou lot 'A' inclusive, of Tract No. 5136 according to the map thereof recorded on Jl(�jvp e.r 1(0 , 200q in Volume of Plats at I lage(s) 1 !t Q , Fresno County Records; and WHEREAS, the Covenantor ereby warrants that any and all parties having record title interest in the Subject Property whic may ripen into a fee have subordinated to this instrument and that all such instruments of Subo dination, if any, are attached hereto and made a part of this instrument; and WHEREAS, Resolution No. 1' 964 of the Fresno City Planning Commission conditionally approved the Vesting Tentative Map Df Tract No. 5136, hereinafter referred to as the "Tentative Map;" and WHEREAS, a condition of app oval of the Tentative Map requires the Covenantor to install_ and maintain the landscaping and irri ation system within the landscape easement along the rear and side property lines of lots which ack-onto or side-onto the West Clinton and North Blythe Avenue frontages within the Tentativ Map; and WHEREAS, a condition of app oval 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 F cilities District; and WHEREAS, Covenantor has elected to satisfy this maintenance condition by annexing the Subject Property into the City's Com unity Facilities District No. 2; and STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5136 Page 3 WHEREAS, Covenantor ha]ONDITIONS equested the City to annex the Subject Property to the City's Community Facilities District No. 2. COVENANTS AND RESTRICTIONS NOW THEREFORE, it is agr ed in consideration of the foregoing and the approval of the final map for the Subject Property y 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 rrigation system will be designed and installed according to improvement plans prepared by the ovenantor and approved by the Public Works Director. 2. Covenantor shall mai tain said landscaping and irrigation system in a manner acceptable to the Public Works Dire for until such time as the City notifies the Covenantor that such maintenance responsibility has een assumed by the City's Community Facilities District No. 2. 3. The Covenantor shall rovide to every prospective purchaser of each lot of the Subject Property, the "Notice of S eci�l Tax," attached as EXHIBIT "A," in accordance with the 1 P Y� P , provisions of Section 53341.5 of the alifornia Government Code. 4. It is the intention hereo that this document shall constitute a covenant in favor of the City of Fresno and shall run with t eland and be binding upon the undersigned, its grantees, heirs, and successors and assigns. 5. The foregoing conditio s shall remain in full force and effect until such time as the Director of the Public Works Departme tissues a written release of such conditions and obligations and records such release with the Fre no County Recorder. 3 STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5136 Page 4 6. The provisions of this tatement shall be deemed independent and severable and the invalidity or partial invalidity or un nforceability of any one provision or portion thereof shall not affect the validity or enforceability o 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 lural includes the singular. G STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5136 Page 5 DATED: 11 0 CITY OF FRESNO, COVENANTOR a Municipal Corporation THE McCAFFREY GROUP, INC. a California Corporation Michael T. Kirn, P.E., Director Public Works Department / �- Robert A. McCaffrey, President `R7 APPROVED AS TO FORM: y Brent M. Mc ff e , ce President Hilda Cantu Montoy City Attorney By: (Attach Notary Acknowledgment) ) Deputy K:\Louisr\FT 5136\FT 5136 Covenant CFD Landscape Maintenance v08-26-04.wpd louisr 11/18/2004 STATE OF CALIFORNIA ) SS. COUNTY OF FRESNO ) On October 19, 2004, before me, the undersigned, a Notary Public for the State of California, personally appeared, Robert A. McCaffrey and Brent M. McCaffrey, 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 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity(ies) on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public L.S. My Commission E Aires: anuary 1, 200 . ; MICHELE L. HOGAN Commission# 1395535 -� Notary Public - California Fresno County Comm.Expiresion 21,2007 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On November 10,2004, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, M.T. Kirn, P.E. Director of Public Works, 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. WI TNESS my hand'and official City Seal. REBECCA E. KL ISCH, CMC CITY CLERK 6 6 By 641r Deputy November 10,2004(2:35pm) 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. 5136, Lot No. A.P.N. 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 TAXANDTHE 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$348.00 during the 2004-2005 tax year. The maximum special tax shall be adjusted annually+2% and 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 adjacent to Tentative Tract No. 5136. Specifically, along West Clinton and North Blythe °..Avenues and Outlot`A' adjacent to North Mitre Avenue. 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,ANNEXATION 76 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 W ITHIN 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. DATE: Buyer: Seller: Buyer: EXHIBIT"A" (actual exhibit to be provided by PW)