HomeMy WebLinkAboutT-5211 - Agreement/Covenant - 4/25/2006 (3) a
WHEN RECORDED MAIL TO:
City Clerk
City of Fresno 041191200612MBI082337
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE-Government Code 6103
CITY OF FRESNO
o Public Works Department
P.W. File No. 11704
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STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 5211,
PHASE 2 OF VESTING TENTATIVE TRACT NO. 5029
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STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5211
Page 2
RECITALS
WHEREAS, DC 5029 L.P., 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 40, and Outlot"A", inclusive of Tract No. 5211, Phase 2 of
Vesting Tentative Tract No. 5029, according to the map thereof recorded
on '4)'^// /y , 20�in Volume 7L of Plats
at Page(s) a��2 ,_2s f- (a , 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. 11704 of the Fresno City Planning Commission conditionally
approved the Tract Map No. 5211, Phase 2 of Vesting Tentative Tract No. 5029, 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 North Callaway, North Millbrook
and East Copper 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
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5211
Page 3
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 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,
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5211
Page 4
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. 5211
Page 5
DATED: 4Q 0 S 04a
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
DC 5029 L.P.
a California Limited Partnership
DAVID D. HEALEY, Director
Public Works Department By: Team 5 Properties, Inc.,
a California Corporation
as General 7rt,ner
By: ��,1
Michael T. Kirn, P.E., Assistant Director By.,
Stephen L. Keel, Vice President
APPROVED AS TO FORM:
JAPAES C. SMfCtWz- i✓IfeXi wn
City Attorney
By: a:
Deputy (Attach Notary Acknowledgment)
K:\Louis\FT 5211\FM 5211 Covenant CFD-2 Landscape
Maintenance v01-25-06.wpd
louisr 01-25-05
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
ss.
� County of
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On //L�JI. ��, pw�G before me,
Date— Nam and Title of icer(e. 'Jane Doe,No[ar u tic")
personally appeared
I Nam s)of Signer(s)
^ersonally known to me
[-,I proved to me on the basis of satisfactory
evidence
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to be the persont* whose name(s) is/ar•i.
subscribed to the within instrument and
at of acknowledged to me that he/sbeA 4ea+executed
BRENDA C. POE
ch �� "; COMM.#1612614 �, the same in his/weir authorized
Cri m NOTARY PUBLIC-CALIFORNIAM capacity(+es), and that by his/-hefM-A r
° FRESNO COUNTY a signature(&) on the instrument the person(s}, or
My Comm Exp, Nov,0,2009 the entity upon behalf of which the person(&)
fiacted, executed the instrument.
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WITNESS y hand and official seal.
Place Notary Seal Above Signature of Notary Public
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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.
Description of Attached D u enIt
Title or Type of Document:
Document Date: Number of Pages:
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Signer(s) Other Than Named Above:
Capacity(ies) Claimed by S' ner
Signer's Name: tri,
fi ❑ Individual T ° -- �
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�orporate Officer—Title(&): Y. P
❑ Partner—❑ Limited ❑General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
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❑ Other:
Signer Is Representing.
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0 1990 NationalNotary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91919-2402•www.nalionalnotary.org Prod.No.5907 Reorder.Call Toll-Free 1-800-878-6827
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On April 6. 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
Michael T. (M.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
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By? 0
a,
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.5211, 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$601.00 during the 05-06 and 06-07 tax years. 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 Recons(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 and adjacent to Tentative Tract No.5029. Specifically, along East Copper, North
Callaway and North Millbrook 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 116 AND WHICH SPECIFIES
MORE PRECISELY HOW THE SPECIAL TAX IS APPORTIONED AND HOW THE PROCEEDS OF THE
TAX WILL BE USED, FROM THE CITY CLERICS 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'
Tract No. 5211
P.W. File No. 10886
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on September 23, 2005 , in the office of the Fresno County Recorder
as Document No. 2005-0224500 of which the Deed of Trust in by and between:
DC5029 L.P. as Trustor,
Chicago Title Insurance Company , as Trustee,
and California Bank & Trust , 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. 5211, Phase 2 of Vesting Tentative Map No. 5029.
DATED:
BENEFICIARY TR�yT
GI.L«oP.�vta �K S
A
Sheffie Hilliard
Vice President & Manager
(Beneficiary to print/type Name,Title and
attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
ss.
County of Fresno
I i
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On March 13, 2006 before me, Brenda C. Poe, Notary Public
Dale Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared Sheffie Hilliard
Name(s)of Stgner(s)
I personally known to me
_❑ proved to me on the basis of satisfactory
evidence
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to be the person(N whose name( is/afe
subscribed to the within instrument and
L0Fr BRENDA C. POE
I� S�P,••.,yt, acknowledged to me that he/eheftFrerexecuted ,
COMM.#1612614 cn
� the same in his/#�efk�tei� authorized I
s NOTARY PUBLIC CALIFORNIAA ca aclt ie and that b his4heff4eir
(n FRESNO COUNTY P Y( �r Y
My Comm Exp:Nov:8,2999 signature( on the instrument the person(5), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
I
WITNES my hand and official seal
fi
Place Notary Seal Above Signature of Notary Public
I
I
OPTIONAL
r 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: Subordination (Statement of Covenant)
I
I
Document Date: Number of Pages: _
Signer(s) Other Than Named Above: None
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Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual .
Top of thumb here
7 Corporate Officer—Title(s): Vice President
❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
I
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
California Bank & Trust
0 1888 Natonal Notary Association'9350 De Solo Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.nalionalnotary.org Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827