HomeMy WebLinkAboutT-5233 - Agreement/Covenant - 2/9/2005 (4) �o
WHEN RECORDED MAIL TO: 11111111111111111 IN I IN I IN I III
FRESNO County Recorder
City Clerk Robert C, Werner
City of Fresno DOC— 2004-0229908
2600 Fresno Street Acct 2-Chicago Title Company
Fresno, CA 93721-3603 Tuesday, OCT 12, 2004 08:00:00
Tt I Pd $0.00 Nbr-0001624340
dig/RS/2-10
NO FEE -Government Code 6103
CITY OF FRESNO
Public Works Department
P.W. File No. 10668
JAR 6616 East Simpson Avenue (T-5233, Lot 1)
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR LANDSCAPE MAINTENANCE
FOR TRACT NO. 5233, PHASE I OF VESTING
TENTATIVE MAP NO. 5233/UGM
z
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5233
Page 2
RECITALS
WHEREAS, BN 5233 L. P., a California Limited Partnership, 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 193 and Outlot'A' inclusiv , of Tract No. 5233 according to
the map thereorecorded on_ � - A , . 20
in Volume of Plats at Page(s) C� ,
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. 11935 of the Fresno City Planning Commission conditionally
approved Vesting Tentative Map No. 5233, 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 Armstrong
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. 5233
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 Public Works Director.
2. Covenant(ir 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.
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5233
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.
III
III
11I
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5233
Page 5
DATED: ? /D�
CITY OF FRESNO, COVENANTOR
a Municipal Corporation BN 5233 L. P.
a California Limited Partnership
Public Works Department
By: Bonadelle Homes, Inc.
a California Corporation
as General Partner
By
Michael T. Kim, P.E., Director
By:
John A. Bonadelle, President
APPROVED AS TO FORM:
(Attach Notary Acknowledgment)
HILDA CANTO-MONTOY
City Attorney
1
6
By
DOM
LDBE FORM Covenant Landscape Maintenance v7-3-03
louisr Oa/20/2004
STATE OF CALIFORNIA,
COUNTY OF
Fresno } S.S.
On August 27, 2004 , before me, Anna M. Renna
a Notary Public in and for said County and State, personally
appeared John A Bonadelle
personally known to me ( FOR NOTARY SEAL OR STAMP
to be
the person(s) whose name(s) is/lstw subscribed to
the within instrument and acknowledged to me that
he/stxeNmy executed the same in hisdaMQVA4tc --
authorized capacity(ft), and that by his/JWTAWr, 4 - "i K-D A
rel ` 3 414331$8
signature(s) on the instrument the person(s), or e�,
11:011,101A
the entity upon behalf of which the
acted, executed the instrument. °'' "'2007 Q
WITNESS my and and off ial seal.
Signature
STATE OF CALIFORNIA,
COUNTY OF } S.S.
On before me,
a Notary Public in and for said County and State, personally
appeared
personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP
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
TE 160 Legal(2.94)
This form is furnished by Chicago Title Company
Tract No. 5233/UGM
P.W. File No. 10668
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded
on May 18, 2004, in the office of the Fresno County Recorder, Document No. 20040109049 of which
the Deed of Trust in by and between BH 5233 L. P., a California Limited Partnership, as Trustor,
Chicago Title Company,a California Corporation,as Trustee and California Bank&Trust,a California
Banking Corporation,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. 5233, Phase 1 of Vesting Tentative Map No. 5233/UGM
DATED: '' , 20
TRUSTEE OR BENEFICIARY
By:
By:
Sv'O
(Print/Type Name and Title of Signing Person
Attach Notary Acknowledgement)
l
STATE OF CALIFORNIA,
COUNTY OF Fresno } S.S.
On August 27, 2004 , before me, Anna M. Renna
a Notary Public in and for said County and State, personally
appeared Richard J. Audino
,pw3v el:l;yx:kjgeifYAXtxmm(or proved to me on FOR NOTARY SEAL OR STAMP
the basis of satisfactory evidence) to be
the person(s) whose name(•) is/axKsubscribed to
the within instrument and acknowledged to me that
he/sbei" executed the same in his/herithei¢
NA
authorized capacity(bn), and that by his/iaeotltmhx ANNA M.REN19
signature(s) on the instrument the person(a), or COMM.#1499198
the entity upon behalf of which the person(#) to "°T"FRSNOCOU`°RNIA
acted, executed the instrument. 1Ay cemin.El�p.Alp.so,2007
WITNESS my and and o `' ial seal. 1 jry
Signature ���` -
TE 1W Legal(2-94)
This form is furnished by Chicago Title Company
r
s
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. 5233, Lot No. , A.P.N.:
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$210.00 during the 04-05 tax year. The maximum special tax may be adjusted annually by
+2% 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 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.5233. Specifically,along North Armstrong,East Shields and North
Temperance 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 NO. 73 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.ACKNOWLEDGE THAT I ( )
NbvTECE PRIOR TO ENTERING (NTO A COAVENTRACT TO PEAD THISOURCHASE TICE OR DEPOSIT RECEIAND RECEIVED A COPYPTF W TIH
RESPECT TO THE ABOVE-REFERENCED PROPERTY. 1 (WE) UNDERSTAND THAT 1 (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"
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On October 4,2004, before me, Elvia Sommerville, Deputy City Clerk,personally appeared,
M.T. Kirn, P.E., 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.
WITNESS my hand and official City Seal.
REBECCA E. KL ISCH, CMC
CITY CLERK
D
By��
Deputy October 4,2004(10:50am)