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HomeMy WebLinkAboutT-5281 - Agreement/Covenant - 3/15/2005 (4) F WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 0311112005,2005005503 NO FEE-Government Code 6103 CITY OF FRESNO Public Works Department O w P.W. File No. 10654 0 JAF: 3179 North Fowler Avenue (T-5281, Site Address) Q W Q W J CL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 5281, PHASE 3 OF VESTING TENTATIVE MAP NO. 5189 F STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5281 Page 2 RECITALS WHEREAS, McMillin Colby Park, LLC, a Delaware Limited Liability Company, hereinafter referred to as the "Covenantor," is the owner of that certain real property in the City of Fresno, County of Fresno, State of California, hereafter referred to as the "Subject Property" and more particularly described as follows and by this reference made part of this Statement of Covenants: Lots 1 through 43,inclusive of Tract No. 5281 according to the map thereof recorded on , _20_ ,�, in Volume —2 / _, of Plats at Page(s) Fresno County Records.; and if 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, Vesting Tentative Map No. 5189 , hereinafter referred to as the"Tentative Map;" was approved with conditions by the Fresno City Planning Commission on October 15, 2003 by Resolution No. 11909; 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, North Armstrong and North Fowler Avenue frontages and local street entries 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 and all other final map phases of the Tentative Map into the City's Community r STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5281 Page 3 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 City Engineer. 2. Covenantor shall maintain said landscaping and irrigation system in a manner acceptable to the City Engineer 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 r 1 STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5281 Page 4 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. 5281 Page 5 DATED: —4121 U 2r. Zoe CITY OF FRESNO, COVENANTOR a Municipal Corporation McMillin Colby Park, LLC, a Delaware Limited Liability Company DAVID D.HEALEY, Director Public Works Department By: McMillin Management Services, L.P., kt— a California Limited Partnership, as General Partner By: Corky McMillin Construction Services, Inc., a California Corporation, as Gene artner APPROVED AS TO FORM: Hilda Cantu Montoy Jo ep A. al, ecutive Vice President City Attorney By: By: Jim WRobinson, Vice President Deputy (Attach Notary Acknowledgment) JB+AK 01-24-05 * * * * * * * * * * * * * * * STATE OF CALIFORNIA) ss. COUNTY OF TULARE ) On February 1, 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 instrument. WITNESS my hand and official seal r .-.. J. STURGEON COMM. 1454944 �a o•o.�aoo7 NOTARY S GNATURE SEAL CLERK'S CERTIFICATION STATE OF CALIFORNIA ) CO UNTY 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. KLISCH, CMC Cl 7Y CLERK By (PJ o Deputy March 3,2005(4:10pm) Tract No. 5281-UGM P.W. File No. 10654 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on February 5, 2004, in the office of the Fresno County Recorder, as Document No. 2004-0026967, and that certain Deed of Trust recorded July 2, 2004, in the office of the Fresno County Recorder, as Document No. 2004-0146503, of which the Deed of Trust in by and between MCMILLIN COLBY PARK, LLC, a Delaware Limited Liability Company, as Trustor,First American Title Insurance Company, as Trustee and INDYMAC BANK, F.S.B., Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for Tract No. 5281. DATE: BENEFICIARY: INDYMAC BANK, F.S.B. By: �--- �Cesa r- ©kv Ater, U,'e to✓-Q s,'d en+ By: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los qA1&E-L.�_S ss. On FE B /7 24nO� C before me, C. FI-ME-S , A&TA-k Y RW I Elate Name and Title of Officer(e.g.,"Jane Doe,Notary Public's' personally appeared L c5,4 2 ��(J/1')/4 4,y z> itJ l S, COO& Name(s)of Signer(s) `4personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iff/are E.FLORES subscribed to the within instrument and Cion A 1402748 acknowledged to me that he/she/they executed Notory"Ic - California the same in -hi�their authorized Los Angeles County capacity(ies), and that by WeAgw/their my Comm.ExplresFeb 28,2007 signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. WITNESS my and and official seal. of Notary Public 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. Description of Attached Document Title or Type of Document: Document Date: Nu r of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s ❑ Partner — ❑ Limited eneral ❑ Attorney-in-Fact ❑ Trustee ❑ Guardi r Conservator ❑ Ot Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nadonalnotary.org Prod.No.5907 Reorder:Cell Toll-Free 1.60()876.6827 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. 5189, Lot No. , APN: 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 maybe 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$123.00 during the 2004-05 tax year. The maximum special tax may be adjusted annually by+2%and by applying the increase,if any,in the construction cost index for the San Francisco Region for the priortwelve(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 Final Map No. 5189. Specifically along North Fowler Avenue. 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 69)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. EXH1131T"A"