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Home My WebLink AboutT-5215 - Agreement/Covenant - 12/5/2005 (3) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 � ��1 1 11965,16956176162 LL. Z NO FEE- Government Code 6103 O V U) CITY OF FRESNO W Public Works Department J CL P.W. File No. 10759 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 5215 STATEMENT OF COVENANTS t CFD-2 Landscape Maintenance Tract No. 5215 Page 2 RECITALS WHEREAS, Spradling Construction Inc., a California Corporation, and Sherman Spradling as President, 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 35, inclusive, of Tract No. 5215 according to the map thereof recorded on ��D�jP.Mb°i,� oC3 , 20� in Volume 93 of Plats at Pages - q(o , 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. 12092 of the Fresno City Planning Commission conditionally approved the Vesting Tentative Map of Tract No. 5215, 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 adjacent to tentative no. 5215. Specifically, along South Orange Avenue 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 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 4 .� STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5215 Page 3 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. 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. s STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5215 Page 4 '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. 5215 Page 5 DATED: I CITY OF FRESNO, CONVENTOR: a Municipal Corporation Spradling Construction Inc., DAVID D. HEALEY, Director a California Corporation. Public Works.Department By: mil /fes By: Sherman Spr dling, President Michael T. Kirn, Assistant Director APPROVED AS TO FORM: Hilda Cantu Montoy (Attach Notary Acknowledgment) City Attorn By: Deputy K:\Louisr\FT 5215\FT5215 Covenant CFD Landscape Maintenance v01-25-05.wpd louisr jeffb jonb 01-25-05 LL 'r ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA} COUNTY OF FRESNO} On a0� before me, KELLY G. SWERTFAGER personally appeared, '5htf rb" No roAl personally known to me ( o be the person(s) whose name s s&l re subscribed to the within instrument and acknowledged to me that the/they executed the same in is er/their authorized capacity(ies), an that by is/ er/their signature(s) on the instrument the person(s), or the entity upon be alf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature—LW' LP1' (NOTARY SEAL) KELLY G. SWERTFAGER COMM.#1352032- NOTARY 1352032NOTARY PUBLIC CAUFORN A y FRESNO COUNTY 6Q�s- y Comm.Expires May 14, . FAQ" CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On 2, 2005 before me, personally appeared 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, CIVIC CITY CLERK By _ c 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. 5215, Lot No.: A.P.N. No.: t 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$300.00 during the 05-06 tax year. The maximum special tax may be adjusted annually by+3%and 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 Map Tract No. 5215. Specifically,along S. Orange 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 94),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: a . 4 Exhibit „A„ iyC Tract No.: 5215 P.W. No.: 10759 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on October 3, 2003, in the office of the Fresno County Recorder as Document No. 20030239299 of which the Deed of Trust in by and between: Spradling Construction Inc., a California Corporation as Trustor, Chicago Title Company, a California Corporation, as Trustee, and Jack McClellan, an unmarried man, 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. 5215. DATED: BENEFICIARY C Gly l c0,A, (Beneficiary (Beneficiary to print/type Name,Title and attach Notary Acknowledgment) FrI ALL PURPOSE ACKNOWLEDGMENT f r STATE OF CALIFORNIA} COUNTY OF FRESNO} On S.T�T�w►�Xl?� 7� 0200 before me, KELLY G. SWERTFAGER personally appeared: cTa kM& CluAft Pei Sul 12111y k1TCr1VM-4e-Ria(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), an 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 zv (NOTARY SEAL) i A KELLY G. SWERTFAGER . ®. COMM. #1352032 NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY My Comm.Expires May 14,2006 Tract No.: 5215 P.W. No.: 10759 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 10, 2005, in the office of the Fresno County Recorder as 'Document No. 20050129793 of which the Deed of Trust in by and between: Spradling Construction Inc., a California Corporation as Trustor, Estate Financial,Inc.,a California corporation, as Trustee,and Estate Financial, Inc.,a California corporation,as Beneficiary,herebyexpressly 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. 5215. DATED: BENEFI IA Qr 4- 1 K-U (Beneficiary to print/type Name,Title and attach Notary Acknowledgment) C ►LIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of ce .Jfrn 1J County of On before me, �.cw Name and Title of Officer(e.g.,"Jand Doe,Notary Public") personally appeared ] U Gj On, q G c A q Name(s)of Signer(s) ❑ personally known to me -OR- -4 proved to me on the basis of satisfactory evidence to be the persons) whose name( is/ a subscribed to the within instrumen and acknowledgedfo me that he/skee/tkeey executed the same in his/Pier/keeir authorized capacity(es), and that by his/hha#tlgeir SHERRY DAVIS signs ure`N) on the instrument the persons), or the entity upon COMM.#1463543M of which the N acted, executed the instrument. y P'e Notary Public-California 0 person, "V W o SAN LUIS OBISPO COUNTY My Comm.Exp.Jan 17,2008 c W ITN y hand and ial seal. tA ignature of Not0y 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner-❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee M. ❑ Guardian or Conservator 91 a Leal i R ❑ Guardian or Conservator ❑ Other: Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: Signer Is Representing: 11a:er•:.