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Home My WebLink AboutT-5312 - Agreement/Covenant - 6/20/2007 (3) WHEN RECORDED MAIL TO: III I IN 111111111 City Clerk FRESNO County Recorder City of Fresno Robert C. Werner 2600 Fresno Street; DDC— 2007-0092171 Fresno, CA 93721-3603 Acct 2-Chicago Title "Company r„ Wednesday, MAY 09, 2007 08:00:00 Tt 1.Pd $0,00 Nbr-0002501019 RGRIR4/1-7 NO FEE - Government Code 6103 CITY OF FRESNO Public Works Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS FOR THE FINAL MAP OF TRACT NO. 5312/UGM S4# i STATEMENT OF COVENANTS CFD Maintenance Tract No. 5312/UGM Page 2 RECITALS WHEREAS, BN5312 L.P.., a California Limited Partnership, hereinafter 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 95, of Tract No. 5312/UGM according to the map thereof recorded on /UIGu 9_ 200r) in Volume 29 of Plats at Page(s) y 1 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. 12052 of the Fresno City Planning Commission conditionally ap roved the Vesting Tentative Map of Tract No. 5312/UGM, hereinafter referred to as the "Tentative Map;" and WHEREAS,a condition of approval of the Tentative Map requires the Covenantor to install and maintain certain improvements within the ,limits of the Tentative Map, more particularly described in EXHIBIT"A"attached hereto and incorporated by reference as if fully set forth herein; and . WHEREAS, a condition of approval of the Tentative Map requires that the maintenance of such improvements 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; and WHEREAS, Covenantor has requested the City to annex the Subject Property to the City's Community Facilities District No. 2. t`�f STATEMENT OF COVENANTS CFD Maintenance Tract No. 5312/UGM Page 3 ; s 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 Fre no, the Covenantor hereby covenants, promises and agrees with the City of Fresno for the ben fit of said City that: i 3 1. Such improvements will be.designed and installed according to improvement plans prepared by the Covenantor and approved by the Publics Works Director. 2. Covenantor shall maintain said 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 Jis EXHIBIT 'A" in accordance with the provisions of Section 53341.5 of the California Government Code: s 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, 7 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 Statementshall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of anyone provision or portion thereof shall not 3 a 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 3 p singular includes the plural, and the plural includes the singular. STATEMENT OF COVENANTS CFD Maintenance Tract No. 5312/UGM Page 4 DARTED: e� p CITY OF 'FRESNO, COVENANTOR a Municipal Corporation BN 5312 L. P. Public Works Department a California Limited Partnership By: Bonadelle Homes, Inca a CaliforniaC rporation as Gener 1 P ner By: '` By* G Michael T. Kim, Assistant Director [in A. Bonadelle, President APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney B ,,. ,Deputy (Attach Notary Acknowledgment) 1�► �� . F�� f iE STATE OF CALIFORNIA, COUNTY OF Fresno On March 13, 2007 , before me, Anna M. Renna , a Notary Public, personally appeared John A. Bonadelle personally known to me to be the person( whose name(s) is/,rg subscribed to the within instrument and acknowledged to } . me that he%katkey executed the same in his&=tla&K authorized capacity(im), and that by his/MMW signature(g) on the instrument the person(S), or the entity upon behalf of which the person" acted', executed the instrument. (Notary seal'or stamp) WITNESS my hand and official seal. Signature My commission expires August .30, -2007 ,{rt �� STATE OF CALIFORNIA, COUNTY OF On , before me, , a Notary Public, personally.appeared personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me-that lie/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. (Notary seal or stamp) WITNESS my hand and official seal. Signature My commission expires, CLERK'S CERTIFICATION STATE OF CALIFORNIA . COUNTY OF FRESNO CITY OF FRESNO) On April 25, 2007,'before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, Personally appeared,'Michael T. Kirn, 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 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. R -BECCA E. KLISCH CITY CLERK, CMC 0 Deputy .. EXHIBIT «A„ A9 3 ,3 0 Covenan s nitial to NOTICE OF SPECIAL TAX r COMMUNITY FACILITIES DISTRICT NO. 2 COUNTY OF FRESNO,CALIFORNIA TO: THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY KNOWN AS: Tract No. 5312, 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$ 140.00 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.Enaineering 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 and irrigation systems associated with Final Tract No. 5312 along North Locan 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 134 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. (WE) ACKNOWLEDGE THAT I (WE) HAVE READ THIS NOTICE AND RECEIVED A COPY OF THIS NOTICE IPRIOR TO ENTERING INTO A CONTRACT TO PURCHASE OR DEPOSIT RECEIPT WITH RESPECT TO THE BOVE-REFERENCED PROPERTY. I(WE)UNDERSTAND THAT!(WE)MAY TERMINATE THE CONTRACT TO WPURCHASE OR DEPOSIT RECEIPT WITHIN THREE DAYS AFTER RECEIVING THIS NOTICE IN PERSON OR ITHIN 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: r