HomeMy WebLinkAboutT-5262 - Agreement/Covenant - 3/3/2005 (3) Frt W
WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
® Fresno, CA 93721-3603
CD �- 1211411004,20040278800
O NO FEE-Government Code 6103
U
CITY OF FRESNO
Public Works Department
P.W. File No. 10675
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR LANDSCAPE MAINTENANCE
FOR TRACT NO. 5262
1
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5262
Page 2
RECITALS
WHEREAS, McMILLIN RUSTIC OAKS, 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 113 inclusive, of Tract No. 5262 according to the
map thereof;recorded on T'Ys'_rnbP.r 14 , 20014 in
Volume rl ( of Plats at Page(s) 16 th ru Pi ,
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. 12006 of the Fresno City Planning Commission conditionally
approved the Vesting Tentative Map of Tract No. 5262, 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 Butler, East Lane and South
Peach Avenue 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
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5262
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 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," n attached as EXHIBIT A,n 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 suchconditions and obligations
and records such release with the Fresno County Recorder.
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5262
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. 5262
Page 5
DATED: 1 ��
CITY OF FRESNO, COVENANTOR
a Municipal Corporation McMILLIN RUSTIC OAKS, LLC
a Delaware Limited Liability Company
Michael T, Kim, P.E., Director
Public Works Department By: McMillin Management Services, L.P.
a California Limited Partnership
IR—r— as Manager
By: Corky McMillin Construction Services, Inc.
a California Corporation
APPROVED AS TO FORM: as General Partner
Hilda Cantu Montoy
City Attorney By: Qb,
JoVcutive.Vice
A. LeaEx President
By:
Deputy
B*JimRobinson.
Vice President
KALouisAFT '52627T 5262 Covenant CFD Landscape (Attach Notary Acknowledgment)
Maintenance v08-26-04.wpd
louisr 09-24-04
STATE OF CALIFORNIA)
ss.
COUNTY OF TULARE )
On October 11, 2004, 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
instrument.
- -- - - - - - - - - - - - - - - - - - --
WITNESS my hand and official seal 1, STURGEON
COMM. 1454944
NOTARY PUBLIC-CALIFORNIA
TULARE COUNTY
Afy Comm.Rtes Dec. 2ONJI
NOTAR SIGNA RE SEAL
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On December 3,2004, 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
t_
B
y`
Deputy December 3j-2004(8:35am)
Tract No. 5262/Non UGM
P.W. File No. 10675
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on August 11, 2004, in the office of the Fresno County Recorder as
Document No. 2004-0175652 of which the Deed of Trust in by and between : McMillin
Rustic Oaks, LLC, a Delaware Limited Liability Company as Trustor, Unionbancal
Mortgage Corporation, a California Corporation as Trustee, and Union Bank of
California, N.A., 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. 5262.
DATED:
BENEFICIARY
Union Bank of California, N.A.
By:
James Nigro
Vice President
By:
Certificate Of Acknowledgment
State of California )
County of San Diego )
On November 2, 2004 before me, Robin L. Melanson , a Notary Public
for the State of California, personally appeared James Nigro , personally
known to me to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person, or the entity upon behalf
of which the person acted, executed the instrument.
WITNESS my hand and official seal. (Seal)
ROBIN L.MELANSON
` commission t 1344674
Signature Notary Pubk-
San Diego County
Comm.Expires Feb 25,2006
' r
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. 5262, 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 $ 1.85.00 during the 2004-2005 tax year. The maximum special tax
shall be adjusted annually+2% 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 Tract No.. 5262. Specifically, along East Butler and South Peach
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 71 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 MAYBE 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 CONTRACTTO 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 (actual exhibit to be provided by PW)