HomeMy WebLinkAboutT-5251 - Agreement/Covenant - 8/7/2006 (2) WHEN RECORDED MAIL TO:
11111111111111111111111111111111111111111 IIII I III
City Clerk FRESNO County Recorder
City of Fresno Robert C. Werner
2600 Fresno Street DOC— 2006-0140617
Fresno, CA 93721-3603 Aeet 8-Stewart Tltle Of Fresno county
Thursday, JUL 06, 2006 08:00:00
Tt 1 Pd $0.00 Nbr-0002228621
RGR/R4/2-10
NO FEE-Government Code 6103
CITY OF FRESNO
Public Works Department
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR LANDSCAPE MAINTENANCE
FOR THE FINAL MAP OF TRACT NO. 5251
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5251
Page 2
RECITALS
WHEREAS, SUMMERTON HOMES LLC, a California Limited Liability Company
hereinafter collectively and individually, 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 84, inclusive,of Tract No. 5251 according to the map thereof
recorded on `7y f il 200( in Volume 176 of
Plats at Page(s) a 5 r S , 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. 12191 of the Fresno City Planning Commission conditionally
approved the Vesting Tentative Map of Tract No. 5251, 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 side-onto North Polk Avenue and adjacent to Tentative Tract
No. 5251 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
association or the City's Community Facilities District; and
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.
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5251
Page 3
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.
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. 5251
Page 4
DATED: D/r /DA
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
SUMMERTON HOMES LLC,
DAVID D. HEALEY, Director A California Limited Liability Company
Public Works Department
By: ",l./ !U'� By.
v
Michael T. Kirn, P.E., Assistant Director Todd Bender, Chief Executive Officer
APPROVED AS TO FORM:
JAMES C. SANCHEZ
Interim City Attorney
By:_ (Attach Notary Acknowledgment)
)
Deputy
r !
State of California
County of
O d personally
appeare 'Z
personally known to me ( ) to be the
person(s) whose name(s) is/arc subscribed to the within instrument and acknowledged to me
that he/executed the same in his/her their-authorized capacity(ies), and that by
his/iwir signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNECe
and and official seal.
Signat (Seal)
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust as
recorded on V ' LQLYCh I kP , aW(o , in the office of the Fresno County Recorder
as Document No. �5S 605 4-43 7 of which the Deed of Trust in by and between:
S,i-�rYW-r4-dn t,6f V S I L. L as Trustor,
'D 1 +4-d CL ��'�-P , as Trustee, and
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. 5251.
DATED: 3
BENEFICIARY
Ed Rocha President/ COO
(Beneficiary to print/type Name,Title and
attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
� I
State of California
I
nn ss.
County of l► i-e r''Le c�
On _M_ik4 3_1 R C1 before me, Slutd riy
J� (Jake
1 r Name and Title of Officer(e.g.,"Jane Doe..Notarx ublic')
personally appeared ��� (stc-4,4— ,
Name(s)of Signer(s)
ersonally known to me
�ed to me on the basis of satisfactory
evidence
I I
to be the person) whose name'( is/A
subscribed to the within instrument and
i
acknowledged to me that heh§he*ify executed
the same in his/h)sFil authorized
SANDRAM.GR EZ capacity(i", and that by his/her/their
�� COMM.X1395521 signature�n the instrument the person(s�or
F NOTARY PUBLIC-CALFORIM..
I MERCEp CWNTY 1
My Comm.Expires Jen.21,2007 the entity upon behalf of which the person(g)
acted, executed the instrument.
I
WITNESS my hand and officials al.
I
Place Notary Seal Above Signature of Notary Public
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, t
Description of Attached Document /
Title or Type f Document — c-A dv, dT ��V(=tic+�A � ��� ( - ti•, �_�t-,._ -�-
I�z W r' c}^,i ..'r
Document Date: Number of Pages:
I I
Signer(s) Other Than Named Above: ice.
I I
Capacity(ies) Claimed y Sign )
Signer's Name: .1�. " UcA:_,
❑ Individual
� 1 Top of thumb here I
[Corporate Officer—Title(s): der (,(_j
❑ Partner—❑ Limited ❑ General i
❑ Attorney in Fact
C Trustee
❑ Guardian or Conservator
`I
❑ Other:
Signer Is Representing: rJ
I
I I
0 1999 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On June 21, 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
Michael T. Kirn P.E. 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
J
0
By -Gtr
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.5251, 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$89.00 during the 06-07 tax year. 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 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 within and adjacent to North Polk Avenue and adjacent to Tentative Tracts No.5251.
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 120 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:
EXHIBIT "A"
NOTARY SEAL CLARIFICATION PAGE
I certify under penalty of perjury that the "Notary Seal" on the
document to which this statement is attached reads as follows:
Name of Notary:L J`dle b-�2a��f� Lee
Commission #: IV � �, 31--�
Date commission expires: Mac, /Z 00
Place of execution: Nle f-&- d
Date:
Signature(Firm Na ne if any)
(Gov't.Code,See 27361.7)
t