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Home My WebLink AboutT-5265 - Agreement/Covenant - 3/30/2005 (3) ' 4 WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 03116�700� Z0050058519 NO FEE-Govemment Code 6103 CITY OF FRESNO Public Works Department P.W. File No. 10689 JAF: 10680 North Maple Avenue (T-5265, Site Address) O U Z 0 STATEMENT OF COVENANTS AFFECTING LAND U ILI DEVELOPMENT FOR MAINTENANCE OF LANDSCAPING w AND NON-STANDARD IMPROVEMENTS WITHIN a TRACT NO. 5265 r y STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 3263 Page 2 RECITALS WHEREAS, CONCORD DEVELOPMENT CO. LLC, a Califomia 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 Califomia, hereinafter referred to as the "Subject Property"and more particularly described as: Lots 1 through 9, inclusive, of Tract No. 5265 according to the map thereof recorded on iUI(Jrf,.J� 1. , 240.5 in Volume 71 of Plats at Page(s) !01 a- 102 , 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. 11969 of the Fresno City Planning Commission adopted on March 3, 2004 conditionally approved the Vesting Tentative Map of Tract No. 5265, 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 side property lines of lots which side-onto the North Maple Avenue frontage and to install paving and street light improvements in accordance with the adopted standards of the City; and WHEREAS, the Covenantor has elected to install non-standard improvements (i.e., stamped concrete paving and decorative street lights)within the Tentative Map; and WHEREAS, a condition of approval of the Tentative Map requires that the maintenance of such landscaping, irrigation system and such non-standard improvements 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. 5255 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 systems and non-standard improvements 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 systems and non-standard improvements 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. 5265 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. STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5265 Page 5 DATED: AAAR.0 H 2, Zoog- CITY ovSCITY OF FRESNO, COVENANTOR a Municipal Corporation CONCORD DEVELOPMENT CO. LLC a California Limited Liability Company DAVID D. HEALEY, Director Public Works Department By. --404 Ali oghaddam, General Partner t By: Alireza Naharan, General rtner APPROVED AS TO FORM: Hilda Cantu Montoy City Attorney c4At (Attach Notary Acknowledgment) By: Deputy jb+ak 01-11-05 NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA }ss COUNTY OF FRESNO } On January 25, 2005 , before me, Teresa Bowland , a Notary Public in and for said State, personally appeared All Alavi Moghaddam and Allreza Najjaran, 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) acted, executed the instrument. WITNESS my hand and official seal. n � Signature TERESA BOWl.EWD .• COMM.#1295797;3 NNWFURC-OVARM FEWCOLM %=w Eft Mer.2,2005 (This area for official notarial seal) OPTIONAL: DESCRIPTION OF ATTACHED DOCUMENT NOTARY2.DOT(Rev 3195) CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On March 3,2005, before me,Elvia Sommerville,Deputy City Clerk, personally appeared, M.T. Kirn,Assistant 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 � - o Deputy March 3,2005(3:35pm) Tract No. 5265/UGM P.W. File No. 10689 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on February 10, 2004 , in the office of the Fresno County Recorder, as Document No. 2004-0030541 of which the Deed of Trust in, by and between Concord Development Co. LLC, a California Limited Liability Company , as Trustor, First American Title Company , as Trustee and Housing Capital Company, a Minnesota Partnership , 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. 5265. DATED: TRUSTEE or BENEFICIARY (Trustee/Beneficiary to print/type Name, Title and attach Notary Acknowledgment) . a 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. 5265, 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 changes, 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$874.00 during the 0405 tax year. The maximum special tax shall be adjusted annually by+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, stamped concrete paving and decorative street lights within tentative tract no. 5265. 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 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 (INE) UNDERSTAND THAT I (INE) 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF California )SS COUNTY OF FRESNO ) On February 8,2006 before me, Allison L Moore personally appeared Geraud Smith personally (mown 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) acted,executed the instrument. WITNESS m ha official ALLISON L. MOORS % COMM. #1523741 Signaturec3 NOTARY PU6l1C•CALIFORNIA �— FRESNO COUNTY MY Com.Expka Nov.2,2008 This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below,doing so may prove invaluable to persons relying on the documents. 0 INDMDUAL ❑X CORPORATE OFFICER(S) TITLE(S)Vice-President ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER SIGNER IS REPRESENTING: Housing Capital Corporation Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law,it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUME : NUMBER OF PAGES DATE Ch DOCUMENT Q j SIGNER(S) OTHER THAN NAMED ABOVE rod Repuced by First American Title Irwxance 1/2001