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Home My WebLink AboutT-5224 - Agreement/Covenant - 6/3/2005 (3) i WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 0512012005,20050112239 LL z NO FEE-Government Code 6103 0 CITY OF FRESNO Public Works Department f. P.W. File No. 10713 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 5224 t , c STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5224 Page 2 RECITALS WHEREAS, De Young Properties 5224 L.P., a California Limited Partnership, hereinafter 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 177, inclusive, and Outlots A, B, C and D of Tract No. 5224 according to the map thereof recorded on ZU Volume , 20QyL_ in -22 of Plats at Page(s) XL-4-t, 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. 12001 of the Fresno City Planning Commission conditionally approved the Vesting Tentative Map of Tract No. 5224, 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 easements along the North Bryan Avenue, West Barstow Avenue and North Veterans Boulevard frontages within the Tentative Map and the landscaping, irrigation system and wall on Outlot D; 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 v STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5224 Page 3 WHEREAS,Covenantor has elected to satisfy this maintenance condition by annexing the Subject Property 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, irrigation system and wall 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, irrigation system and wall 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 STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5224 Page 4 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. 4 G. STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5224 Page 5 DATED: M 4 y CITY OF FRESNO, COVENANTOR a Municipal Corporation De Young Properties 5224 L.P., a Califomia Limited Partnership DAVID D. HEALEY, Director Public Works Department By: Team 5 Properties, Inc., a California Corporation, as General Partner. By: Michael T. Kim, P.E., Assistant Director By: Jerry . e Yo , Preside t APPROVED AS TO FORM: Hilda Cantu Montoy (Attach Notary Acknowledgment) City Attorney O By: _ao A� Deputy jb+ak 04-11-05 STATE OF CALIFORNIA, COUNTY OF Fresno } S.S. On April 15, 2005 before me, Anna M. Renna a Notary Public in and for said County and State, personally appeared Jerry A. De Young personally known to me (OF PFeved to are-or to be FOR NOTARY SEAL OR STAMP the person whose name) isle subscribed to the within instrument and acknowledged to me that he/_q4eAh@y executed the same in his/her/their ANNA M.RENNA authorized ca acit p y(ies}, and that by his/heN�heif y �t�"- `� COMM.#1433198 � signature() on the instrument the person(a), or ac NOTARY PUBLIC-CALIFORNIA ca the entity upon behalf of which the person(, �`oR�,! FRESNO COUNTY N acted, executed the instrument. My comm.Exp.Aug.so,200 WITNESmy h nd nd offici eal. Signature ` 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. 5224, 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 rel.gular property taxes and any other charges, fees, special taxes, and benefit assessments on the because it is a new development, and may not be imposed generally upon lro imposed on this property f this new development. If you fail to pay this tax when due each year,the property may be property outside 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 of public facilities is$1,283.00 during the 05-06 tax year. The maximum special tax shall be adjustedce 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 Enoineerinu News Record (as applicable). (3)The authorized facilities which are being paid for by the special taxes, and by the moneyreceived from the sale of bonds which are being repaid by the special taxes, are: Landscaping adjacent to tentative tract no. 5224.Specifically,along W. Barstow Ave., N Bryan Ave and N Veteran's Blvd. 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 80 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 1(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 EXHIBIT A CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On May 10, 2005, before me, Erika Leyva, Deputy City Clerk, personally appeared Michael T. Kirn,P.E.,Assistant 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. WITNESS my hand and official City Seal. REBECCA E:A ISCK CITY CLERK- By Dep SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on _L7 0 lr.o�— -,� -,,-,,,� in the office of the Fresno County Recorder as Document No. -40:4 _ p ag Sad 8 of which the Deed of Trust in by and between: L � �li�nr�►n I ,'r " ' as Trustor, +l Co mr,u as Trustee, and �.t7r1tainkin��rrnrr gas 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. 5224. DATED: —g Kit BENEFICIARY tt�"►cl-i��t-C.� f��1i x'10 (Beneficiary to print/type Name, Title and attach Notary Acknowledgment) STATE OF CALIFORNIA, COUNTY OF Fresno } S.S. On _ April 18, 2005 , before me, Anna M. Renna a Notary Public in and for said County and State, personally appeared Richard A>3dino personally known to me for proveri tg me OR to be FOR NOTARY SEAL OR STAMP the person whose name( isk" subscribed to the within instrument and acknowledged to me that he/mayexecuted the same in his/tri ------- authorized capacity", and that by his/herkheirN ,�,•E';,°, , ANNA M.RENNA signature on the instrument the person or or �„ COMM.#1433198 O CUNTY the entity upon behalf of which the person( N ' NOTARYPU@LIC-CALIFORNIA(n acted, executed the instrument. `+aruR•�' My Comm.EFRESNp.Aug. 30,2007 N WITN S hand and o ' ial seal Signatu