HomeMy WebLinkAboutT-5258 - Agreement/Covenant - 12/13/2005 (3) • WHEN RECORDED MAIL TO: IIII III III I III II II IIII III II II III III I IIII I II IIII II
City Clerk FRESNO County Recorder
City of Fresno Robert C. Werner
2600 Fresno Street DOC— 2005-0154621
Fresno, CA 93721-3603 Acct 5-First American Title Insurance Company
Tuesday, JUL 12, 200306:00:00
r Ttl Pd $0.00 • Nbr-0001881448
NO FEE-Government Code 6103 RGR/R7/2-11
CITY OF FRESNO
Public Works Department
P.W. File No. 10746
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR
THE MAINTENANCE OF LANDSCAPING AND IRRIGATION SYSTEM,
TRAIL, OPEN SPACE, PEDESTRIAN GATES AND ENTRY
TREATMENTS FOR TRACT NO. 5258, PHASE 1 OF VESTING
TENTATIVE MAP NO. 5258 AND TRACT NO. 5295, PHASE 1 OF
VESTING TENTATIVE MAP NO. 5295
s
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tracts Nos. 5258 and 5295
Page 2
RECITALS
WHEREAS, McMILLIN SUNNYSIDE RANCH, LLC, a Delaware Limited Liability
Company, 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 97,inclusive,of Tract No.5258 according to the map thereof
recorded on JUw /0 , 2005 in Volume of
Plats at Page(s) / ±hru S , Fresno County Records; and
Lots 1 through 21,inclusive,of Tract No.5295 according to the map thereof
recorded on 3U lit 2045Volume `73 of
Plats at Page(s) (g Ary 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, Resolutions Nos. 12035 and 12037 of the Fresno City Planning Commission
conditionally approved the Vesting Tentative Maps of Tracts Nos. 5258 and 5295, hereinafter
together 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, trail, open
space, pedestrian gates and entry treatments within the Tentative Map; and
WHEREAS, a condition of approval of the Tentative Map requires that the maintenance
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tracts Nos. 5258 and 5295
Page 3
of.such landscaping and irrigation system, trail, open space, pedestrian gates and entry
treatments 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.
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.1" (lots within.Tract
No. 5258) and "A.2" (lots within Tract No. 5295) 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
Tracts Nos. 5258 and 5295
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.
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tracts Nos. 5258 and 5295
Page 5
DATED: y Gf
CITY OF FRESNO, COVENANTOR
a Municipal Corporation McMILLIN SUNNYSIDE RANCH, LLC.,
a Delaware Limited Liability Company
DAVID D. HEALEY, Director
Public Works Department By: McMillin Management Services, LP,
a California Limited Partnership,
as Manager
By:
Michael T. Kirn, P.E., Assistant Director By: Corky McMillin Construction Services, Inc.,
as General Partner
By.
APPROVED AS TO FORM:
J A. e' I�Ekecutive Vice President
r
Hilda Cantu Montoy
City Attorney By:
Jim . Robinson, Vice President
By:
Deputy (Attach Notary Acknowledgment)
Jb+ak 05-12-05
L
Y
STATE OF CALIFORNIA)
ss.
COUNTY OF TULARE )
On June 6, 2005, before me, the undersigned, a notary public for the state, personally
appeared JOSEPH A. LEAL'AND JIM W.ROBINSON 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 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), or the entity behalf of which the person(s)acted, executed the instrument27
WITNESS my hand and official seal
-w. J. STURGEON
COMNA. 145,
NOTARY PUBLIC-CALIFORNIA
TULARE COUNTY
' ",My Comm.Expires Dec.26,2W7
NOTARY SIGNATURE SEAL
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On July 6,2005, before me, Elvia Sommerville, Deputy City Clerk,personally appeared,
Robert Andersen, Design Services Manager, 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. XL ISCH, CMC
CITY CLERK
v �
.y
Deputy July 6,2005(2:37pm)
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.5258, 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$1,222.00 during the 05-06 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:
Perimeter Landscaping,Trail,Open Space, Pedestrian Gates and Entry Treatments within Tentative
Tracts No.5258 and 5295.
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 81 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. 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.
DATE: Buyer:
Seller: Buyer:
`\S
EXH I BIT "A. 1 " (T-5258)
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. 5295, 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$1,222.00 during the 05-06 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:
Perimeter Landscaping, Trail,Open Space, Pedestrian Gates and Entry Treatments within Tentative
Tracts No. 5258 and 5295.
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 81 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:
EXHIBIT "A. 2" (T-5295)
Tracts Nos. 5258 and 5295
P.W. File No. 10746
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on December 28, 2004 , in the office of the Fresno County Recorder as
Document No. 2004-0288618 of which the Deed of Trust in by and between:
MCMILLIN SUNNYSIDE RANCH, LLC, a Delaware Limited Liability Company as Trustor,
PRLAP, INC. , as Trustee,
apd BANK OF AMERICA, NATIONAL ASSOCIATION , 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.
5258, Phase 1 of Vesting Tentative Map No. 5258 and Tract No. 5295, Phase 1 of Vesting
Tentative Map No. 5295.
DATED:
BENEFICIARY
BANK OF A�JMERICA, ,NATIONAL ASSOCIATION
BY
RON9LQ V. mONYOfZd, SQ , Vlci PRE- '0PVr'
BY:
c�RLq A. (/vfLL S� SQ, vIcf PRE-S1AEA1r-
(Beneficiary to print/type document information,Name and
Title;and attach Notary Acknowledgment)
Acknowledgment
STATE OF CALIFORNIA }
} ss .
COUNTY OF SAN DIEGO }
On June 8, 2005 before me, Peggy J. French, Notary
Public, personally appeared RONALD V. MONTORO and
CARLA A. WELLS, personally known to me or proved to me on
the basis of satisfactory evidence to be the persons whose
name are subscribed to the within instrument and
acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the
instrument the persons, or the entity upon behalf of which
the persons acted, executed the instrument.
WITNESS my hand and official seal .
LJpMV J.FRENCH
Corrxrie w# 1389660
Peggy J. French Notary PUM -Cayomla _
Notary Public in and for said son Diego county
County and State My Comm.Expires Jon 8,2007
My Commission Expires :January 8, 2007
Commission #1389660