HomeMy WebLinkAboutT-5189 - Agreement/Covenant - 2/10/2005 (4) (U
WHEN RECORDED MAIL TO: IIII III III�III II II IIII III I III III III I IN I IN I III
FRESNO County Recorder
City Clerk
City of Fresno Robert C. Werner
2600 Fresno street DOC— 2004-0140424
Fresno, CA 93721-3603 Acct 5-First American Title Insurance Company
Friday, JUN 23, 2004 08:00:00
Tt I Pd $45.00 Nbr-0001518455
NO FEE- Government Code 6103 rgr/R7/2-10
CITY OF FRESNO
Public Works Department
P.W. File No. 10630
JAR 3147 North McArthur Avenue (T-5189, Lot 1)
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR LANDSCAPE MAINTENANCE
FOR FOR TRACT NO. 5189, PHASE 1 OF VESTING TENTATIVE
MAP NO. 5189
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5189
Page 2
RECITALS
WHEREAS, McMillin Colby Park, LLC, a Delaware Limited Liability Company, hereinafter
referred to as the "Covenantor," is the owner of that certain real property in the City of Fresno,
County of Fresno, State of California, hereafter referred to as the "Subject Property" and more
particularly described as follows and by this reference made part of this Statement of Covenants:
Lots 1 through 60,inclusive of Tract No. 5189 according to the map thereof recorded
on .JUne aS , 20�_in Volume , of Plats at
Page(s) Irl +- l� 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. 5189 was approved with conditions by the Fresno City
Planning Commission on October 15, 2003 by Resolution No. 11909; and, 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 Shields and North Fowler
Avenue frontages within the Tentative Map; and
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5189
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. 5189
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.
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5189
Page 5
DATED: S 2S o Q.
CITY OF FRESNO, COVENANTOR
a Municipal Corporation McMillin Colby Park, LLC,
a Delaware Limited Liability Company
Jon R. Ruiz, Director
Public Works Department By: McMillin Management Services, L.P.,
V�1,71/1 a a California Limited Partnership, as Manager
By:
Michael T. Kim, P.E., Assistant Director By: Corky McMillin Construction Services, Inc.,
a California Corporation, as General Partner
APPROVED AS TO FORM:
By:
Hilda Cantu Montoy J se A. e , Executive Vice President
City Attorney
By.
By: Jim . Robinson, Vice President
Deputy
(Attach Notary Acknowledgment)
LDBE FORM Covenant Landscape Maintenance v9-19-03
jeffb 413-04
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* * * * * * * * * * * * * * *
STATE OF CALIFORNIA)
ss.
COUNTY OF TULARE )
On April 26, 2004, before me, the undersigned, a notary public for the state, personally
appeared JIM W. ROBINSON AND JOSEPH A.LEAL, 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 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),or the entity behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal J. STURGEON
COMM. 1454944
IDTARY PUBLIC.CALFM1A
TULARE COUNTY +
My Comm.Expires Dec.28,2007
NOTARY IGNATURE SEAL
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on February 5, 2004, in the office of the Fresno County Recorder, as
Instrument No. 2004-0026967, of which the Deed of Trust in by and between:
McMillin Colby Park, LLC, a Delaware Limited Liability Company , as Trustor,
First American Title Insurance Company, a California Corporation, as Trustee, and
IndyMac Bank, F.S.B. , as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Statement of Covenants Affecting Land Development for Tract No. 5189.
DATED: JQAJ 02`7 2007"
BENEFICIARY
IndyMac Bank, F.S.B.
L.c�cJ .�Ui/I ft�K vi�eR'eS��P�
C�-
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
1
State of California 1
ss. 1
County of 41d, l
t
on Wit. .Z9 e10641 before me, EF- FLORC-51 N0T AAY
ate Name and Tiffe of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared MAAY LOU -JW INTEK AW DRINDA S. CDOWX
Name(s)of signers)
I
E.FLORES Personally known to me
i- Cornrnk ton#1402749 ❑ proved to me on the basis of satisfactory
(, Notary Publk -CoNforn,b evidence
(, Los Angeles County to be the
MyCormn ExPiresFeb26 person(s) whose name(s) -ie/are
4
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in hisAwOtheir authorized
i capacity(ies), and that by hisAaer/their
signature(s)on the instrument the person(s),or
the entity upon behalf of which the person(s)
acted, executed the instrument.
I
)' WITNESS my hand and official seal.
S' re of Notary Public
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 1
Description of Attached Document
i
Title or Type of Document: S e P t o S
Document Date: do& Z 7i'�1 IT' Number of Pages: O ,�
Signer(s)Other Than Named Above: N�
i
Capacity(ies) Claimed by Signer
Signer's Nameg- &� ��oor[v �6Nti7 +� /,S2vnlJLlA�
❑ Individual ( Top of thumb here
(' Corporate Officer—Title(s): �l,�lz.10,A _joLw -4 �g �V� i
❑ Partner—❑Limited ❑General
i ❑ Attorney-in-Fact
❑ Trustee 1
❑ Guardian or Conservator I
❑ Other:
is Signer Is Representing:
I•
0 1999 National Notary Association-9350 00 Soto Ave.,P.O.Box 2402-Chatsworth,CA 9 f313-2402-www.natlonalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1.800.8768827
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. 5189, 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 changes,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 maybe 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$181.82 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 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. 5189. Specifically along E.Shields and N. Fowler 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,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"
f
CLERK'S CER TIFICA TION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On May 26, 2004, before me,Elvia Sommerville, Deputy City Clerk,personally appeared,
Michael T. Kirn,P.E. Assistant 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.
W/TNESS my hand and official City Seal.
REBECCA E. KL ISCH, CMC
CITY CLERK
By �
Deputy May 26,2004(10:55am)