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HomeMy WebLinkAboutT-5170 - Agreement/Covenant - 2/8/2005 (3) WHEN RECORDED MAIL TO: IIII III III I III II IIII I III III IIII I III I IIII I II III III City Clerk FRESNO County Recorder City of Fresno Robert C. Werner 2600 Fresno Street DOC— 2004-0062276 Fresno, CA 93721-3603 Acct 1-Financial Title Company (C) Tuesday, MAR 23, 2004 08:00:00 Tt 1 Pd $0.00 Nbr-0001425456 NO FEE-Government Code 6103 rgr/R7/1-8 CITY OF FRESNO Public Works Department P.W. File No. 10545 JAF: 334 North Cypress Avenue (Lot 1) STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 5170 r STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5170 Page 2 RECITALS WHEREAS, Synergy-Golden Dawn, 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 56,inclusive,of Tract No.5170 according to the map thereof recorded on Merck _9A , 20014 in Volume 69 of Plats at Page(s) 49 +- qi , 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, 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 East Kings Canyon Road and North Armstrong Avenue frontages within the Tentative Map; and i STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5170 Page 3 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 and all other final map phases of the Tentative Map 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. 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. STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5170 Page 4 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. Ill STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5170 Page 5 DATED:�a,�� CITY OF FRESNO, COVENANTOR a Municipal Corporation Synergy-Golden Dawn,LLC, a California Limited Liability Company Jon R. Ruiz, Director Public Works Department By. Jon R. Ruiz _ BY .;;ehee' T.Kos;T "�„rOiT�;-A.r.� Daniel L. Sabah, Managing Member APPROVED AS TO FORM: Hilda Cantu Montoy (Attach Notary Acknowledgment) City Attorney ZOBy: Deputy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On February 4,2004 before me,F. TAMASHIRO DATE NAME,TITLE OF OFFICER- personally appeared DANIEL L. SABAH NAME(S)OF SIGNER(S) Q Personally known tome 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.TAIMA8HIRO instrument the person(s), or the entity upon behalf o Commission 1360230 Z which the person(s)acted, executed the instrument. Notary Public-California z Fresno county MY Comm.Exo1es Jun 16,Zoos i WITNESS my hand and official seal SIG AT JRE 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 ❑ OTHER: SIGNER(S)OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: SYNERGY-GOLDEN DAWN,LLC CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On March 19, 2004 before me, Elvia Sommerville, Deputy City Clerk personally appeared Jon R. Ruiz, 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 By DEPUTY 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. 5170, 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 $_13.00 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"