HomeMy WebLinkAboutT-5171 - Agreement/Covenant - 6/12/2006 (2) WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
`1' 0610111006,10060115691
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NO FEE - Government Code 6103
U
O
U CITY OF FRESNO
Public Works Department
P.W. File No. 10749
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR LANDSCAPE MAINTENANCE FOR THE FINAL MAP OF
TRACT NO. 5171, PHASE 1 OF TENTATIVE TRACT NO. 5171
10
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Final Map of Tract No. 5171
Page 2
RECITALS
WHEREAS, SUNRIDGE DEVELOPMENTS, A CALIFORNIA LIMITED PARTNERSHIP,
where applicable, shall be jointly 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 82, inclusive, of Tract No. 5171, Phase 1 of Tentative Map
No. 5171 according to the map thereof recorded on SUn&— a
20,6L__ in Volume �� of Plats at Page(s) 5?U 8S ,
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. 11985 of the Fresno City Planning Commission conditionally
approved the Tract No. 5171, Phase 1 of Tentative Tract No. 5171, 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 South Clovis and South
Minnewawa 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
f
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Final Map of Tract No. 5171
Page 3
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 Public Works Director.
2. Covenantor shall maintain said landscaping and irrigation system in a manner
acceptable to the Public Works 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.
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Final Map of Tract No. 5171
Page 4
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.
V.
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Final Map of Tract No. 5171
Page 5
DATED: cs
114
CITY OF FRESNO, COVENANTOR
a Municipal Corporation SUNRIDGE DEVELOPMENTS,
A California Limited Partnership
DAVID D. HEALEY, Director By: Northern California Universal Enterprises, Co.
Public Works Department A California Corporation
As General Partner
By: By:
Michael T. Kirn, Assistant Director oe'Tai-ChaHg Wu, President
Kr��
APPROVED AS TO FORM: Joe Tai
ha Wu, President
JAMES C. SANCHEZ
Interim City Attorney
By:
(Attach Notary Acknowledgment)
Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California nn }
County of �
On Met" �1 i 200 before me, 'r aril✓ LQ PwtWAM R C1 , personally
appeared af.
❑ Personally known tome OR 12/ proved tome on the basis of satisftory evidence to
be the person'( whose nameN is re subscribed
to the within instrument and acknowled ed to me
that&she/they executed the same in 4'her/their
authorized capacity(4asl,,,and that by 49her/their
signaturefs4,on the instrument the persorlfs), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
MARIE IA RUE WITNESS my hand and official seal.
Commission# 1503949
-s Notary Public-California
Santa Clara County r
My Comm.Expires Jul 27,2008?
Signature of o ary
pme thaac
Name (Typed or Printed)
(Area above for official notarial seal)
Capacity Claimed by-Signer Description of Attached Document
❑ Individual(s) (Although this information is optional, it could prevent fraudulent
Corporate Officer() -Title( ) attachment of this certificate to another document.)
This certificate is for attachment to the document
described below:
Title or type of document ` P+me,n+ Of
❑ Partner(s) �.17�►�PVI�f.YItS , �I"(�-2 lGrde3!aaI e.
❑ Attorney-in-Factyn q;n-Le.n L,nc>°
❑ Trustee.(s)
❑ Guardian/Conservator Number of pages -r-
❑ Other: Date of document ---
Signer(s) other than named above
Signer is Representing: Name of person(s) or -Mi chQ e-1 T. Kt Vii
Entity(ies)
4
Tract No. 5171
P.W. File No. 10749
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on
Fehruary22, 2006 , in the office of the Fresno County Recorder as Document No.
2006-0037326 of which the Deed of Trust in by and between:
SunridgP DPVP1 np mantR, n Cn1 i fnrni n 1 imi tPrl :nrtnPrchi p as Trustor,
First American Title , as Trustee, and
Pacific State Bank , 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. 5171,
Phase 1 of Tentative Map No. 5171.
DATED: March 15, 2006
BEN ICIARY
Gary A. Stewart, EVP/CCO
(Beneficiary to print/type Name,Title and
attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
r
County of ) �Jf`sL 1�:�i� ss
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On' 1'(,rh 1r� ? beforeme, ! .ti� ���� �c � 1, 1��d(.�(Iy a�,Ld c"
68te Name end Ile of O Icer(e.g.,"Jane Doe,Note Public")
personally appeared � Cit.�.� �� �, �n r'��
Name(s)of Signer(s)
c,12 personally known to me
❑ proved to me on the basis of satisfactory
evidence )
to be the personO whose name( is/de
subscribed to the within instrument and
acknowledged to me that heiloe/they executed
d DIANNA SCOTT the same in his/Vbr/tflfeir authorized I
_] Commission# 1463335 capacity(ieo), and that by his/hp(r/tIAr
-,� g Notary Public-California g signature()on the instrument the person(), or
�• San Joaquin County the entity upon behalf of which the person(v)
MyComm.IxplresJan 17.2008 acted, executed the instrument.
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WITNFjS6 my hand and official s al.
Slgnalure ol Nc Ary'Pu I�
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OPTIONAL
f 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.
Desc i tion of Attached Document
Title or Type of t9 current:
Document Date: Nu b r of Pages:
Signer(s)Other Than Named Abo
i
Capacity(les) Claimed by Signer
Signer's Name:
e •)
❑ Individual Top of thumb here 1
El Officer—Title(s):
❑ Partner—❑ Limited ❑Gen
❑ Attorney-in-Fact i
r( ❑ Trustee
❑ Guardian or Con ator
❑ Other: )
Signer Is p presenting:
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0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.nallonalnotary.org Prod.No.5907 Reorder:Cell Toll-Free 1-800-876-6827
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On May 16, 2006, before me, Elvia Sommerville, Del2uly City Clerk, personally appeared,
Michael T. Kirn,Assistant Public Works Director, 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 be 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 the person(s), or the entity upon behalf of which the person(s)acted, executed
the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK, CMC
�g
By CP.
Deputy
•i
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. 5171, 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 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$338.00 during the 05-06 tax year. The maximum special tax shall be adjusted annually
by+3% plus 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 and Open Space within and adjacent to Tentative Tract 5171. Specifically, along South
Clovis and South Minnewawa Avenues.
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 104 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.
DATE: Buyer:
Seller: Buyer:
EXH I BIT 'A'