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HomeMy WebLinkAboutT-5206 - Agreement/Covenant - 2/8/2005 (3) WHEN RECORDED MAIL TO: IIII III III 11111 IN 11111111111111111111111111111 City Clerk FRESNO County Recorder City of Fresno Robert C, Werner 2600 Fresno Street DOC— 2004-0073932 Fresno, CA 93721-3603 Acct 2-Chicago Title Company Tuesday, APR 06, 2004 08:00:00 Tt 1 Pd $0.00 Nbr-0001439802 rgr/R7/3-12 NO FEE-Government Code 6103 CITY OF FRESNO Public Works Department P.W. File No. 10633 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 5206 P G STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5206 Page 2 RECITALS WHEREAS, RUNNING HORSE LLC, a California Limited Liability Company, hereinafter 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 58, inclusive of Tract No. 5206 according to the map thereof recorded on , 20D in Volume 0 of Plats at Page(s) 662 Thtti 45 , 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. 11892 of the Fresno City Planning Commission conditionally approved Vesting Tentative Map No. 5206, 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 Marks and West Madison Avenue frontages; 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 STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5206 Page 3 WHEREAS,Covenantor has elected to satisfy this maintenance condition by annexing the Subject Property 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. 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 Tract No. 5206 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. Ill 111 STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5206 Page 5 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation RUNNING HORSE LLC a California Limited Liability Company JON R. RUIZ, Director Public Works Department By: Scott Webb, Manager By A=4 Michael T. Kim, P.E., Assistant Director (Attach Notary Acknowledgment) APPROVED AS TO FORM: HILDA CANTO-MONTOY City Attorney By epu LDBE FORM Covenant Landscape Maintenance v7-3-03 louisr 01/26!2004 i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of rry�gh On �� 3 e U before me, 6 AM d Date Name and Title of Officer(e.g..'Jane Doe,Notary Public") personally appeared Name(s)of Signer(s) ❑personally known to me 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 RALPH L. GASTRO Commission q 1290036 the same in his/her/their authorized i `z --Y Notary Public - California capacity(ies), and that by his/her/their Z Fresno County signature(s)on the instrument the person(s), or My Comm.resnoplresFeb7.2005 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and!�cial , Signature of Notary Public 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. Description of Attached Document ff n Title or Type of Document: I Document Date: _3 3—y Number of Pages:—,45_ _ I Signer(s)Other Than Named Above: i Capacity(ies) Claimed by Signer � Signer's Name: Individual Top of thumb here I ❑ Corporate Officer—Title(s): ( ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee i ❑ Guardian or Conservator ❑ Other: i Signer Is Representing: I 0 1999 National Notary Association•9350 De Soto Ave..P.O.Box 2402-Chatsworth,CA 91313-2402•www.nationalnolary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-8768827 i CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On April 1, 2004 before me, Elvia Sommerville, Deputy City Clerk personally appeared Michael T. Kirn, P.E., Assist. 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 a By �� DEPUTY Tract No. 5206/UGM P.W. File No. 10633 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on October 30, 2003, in the office of the Fresno County Recorder, Document No. 2003-238226 of which the Deed of Trust in by and between Running Horse LLC, a California Limited Liability Company, as Trustor, Fidelity National Title Company, a California Corporation, as Trustee and Leonard C. Patterson and Joyce L. Patterson, Husband and Wife as Joint Tenants, 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. 5206, of Vesting Tentative Map No. 5206/UGM. DATED: j , 20� BENEFICIARY Leonard C. Patterson and Joyce L. Patterson Husband and Wife as Joint Tenants onard C. Patters By Joyde L. Patterson (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) COUNTY OF arc SI'1 O ) SS. On M pr ai before me, BobM bel'� a Notary Public in and for said County and State, personally appeared Leonard C• �n�'�•tr5 Gel d 7'b ya e L . J�4�'erSOY1 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)acted, executed the instrument. WITNESS my hand and official seal. �,.w• .,,, ROBYN V.ALBERT 2 H Wim' COMM.#1329761 cps Signatur of Notary a NOTARY PUBLIC"CALIFORNIAq CA FRESNO COUNTY tv t--�'"■.►` My Comm.Exp.Nov.12,2D06 STATE OF CALIFORNIA ) SS. COUNTY OF ) On before me, a Notary Public in and for said County and State, personally appeared — 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)acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary EXTNOTI --09/25/96bk f' Tract No. 5206/UGM P.W. File No. 10633 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on October 2, 2003, in the office of the Fresno County Recorder, Document No. 2003- 238227 of which the Deed of Trust in by and between Running Horse LLC, a California Limited Liability Company,as Trustor,Fidelity National Title Company,a California Corporation,as Trustee and The Sieling Family Trust, under Declaration of Trust dated July 18, 2002, 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. 5206, of Vesting Tentative Map No. 5206/UGM. DATED: 3� , 20 D _ Sworn to and subscribed before me in m re „� BENEFICIARY this "' y p an"� The Sieling Family Trust -e: r ti�r,ic?"�/PU''I'� In dla for the State at i. rpt Under Declaration Trus�da d July 18,2002 MY commission expires 0. ry Public - c By: fog Dona{d J.Cr; YL ielin Trustee ti� L C9 I c' By �j Nancy banteno SielingP Trustee (Attach Notary Acknowledgement) fo f' i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT (- State of County of I. On before me, i Date , J Name Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared A)A A)C V ��&SND =El I, If Name(s)of Signer(s) ) (personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(g whose name ) (!a '(s/E�subscribed to the within instrument and acknowledged to me that Dila/she/tOgy executed the I' same in N6/her/tXir authorized capacity(i4Q,and that by ) i fX/her/ttu signatureoo on the instrument the person(*, VICTORIA E.VENEGAS or the entity upon behalf of which the personN acted, ) Commission#1325147 executed the instrument. Notary Public-California I, Monterey County WITNESS my hand and official seal. My Comm.EW iroa Oct 14,20C Signature of Notary ublic 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: e:22-0!?– Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: I� Individual ❑ Individual Corporate Officer ❑ Corporate Officer i I' Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General I' ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee I' El Guardian or Conservator El Guardian or Conservator - ) I' ❑ Other: Top of thumb here ❑ Other: Top of thumb here I l i 1 I I i, Signer Is Representing: Signer Is Representing: I I1 I 1 0 1995 National Nota Association•8236 Remmet Ave. P.O.Box 7184•Canoga Park CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 I Notary og , 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. 5206, Lot No. I 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 $ 267.09 during the 2003- 2004 tax year. The maximum special tax may be adjusted annually by applying the increase,if any,in the construction cost index forthe 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. 5206. Specifically,along West La Sierra Drive,West Madison Avenue, West Kearney Boulevard and South Blosser 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 66 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(W ) PROVIDING THE DOCACKNOWLEDGE THAT I (UWME)NT. AND RECEIVED A COPY OF NOTICE PRIOR TO ENTERING INTO A CONTRACTHAVE READHIS TO POURCHASE TICE OR DEPOSIT RECEIPT W TIH 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. Seller: Date: Prospective Purchaser: Date: Prospective Purchaser: Date: EXHIBIT "A"