HomeMy WebLinkAboutT-5316 - Agreement/Covenant - 4/2/2007 (2) 7 WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603 0310611007,10070046111
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P.W. File No. 10894
THIS DOCUMENT IS BEING RE-RECORDED TO CORRECT THE
LEGAL DESCRIPTION FOR THE STATEMENT OF COVENANTS
AFFECTING LAND DEVELOPMENT
FOR THE MAINTENANCE OF CERTAIN PUBLIC IMPROVEMENTS
FOR THE FINAL MAP OF TRACT NO. 5316,
PHASE 1 OF VESTING TENTATIVE MAP NO. 5316
.. A � I , C
WHEN RECORDED MAIL TO:
City Clerk FRESNO County Recorder
City of Fresno Robert C, Werner
2600 Fresno Street DOC— 2006-0130971
Fresno, CA 93721-3603
Acct 10-Commerce Title
Friday, JUN 23, 2006 08:00:00
Tt 1 Pd $0.00 Nbr-0001117305
NO FEE-Government Code 6103 RGR/R4/1-8
CITY OF FRESNO
Public Works Department
P.W. File No. 10894
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR THE MAINTENANCE OF CERTAIN PUBLIC IMPROVEMENTS
FOR THE FINAL MAP OF TRACT NO. 5316, PHASE 1 OF VESTING
TENTATIVE MAP NO. 5316
STATEMENT OF COVENANTS
CFD-11 Maintenance/Tract No. 5316
Page 2
RECITALS
WHEREAS, CENTEX HOMES, a Nevada General Partnership, 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: See 6411 b t+ B -Ppr correctei cese-ri e+►an ,
Lots`$4 ough 98 inclusi , of Tract No. 5316 according to the map thereof
recorded on 20& in Volume '74o of
Plats at Pa a, �S , 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. 12110 of the Fresno City Planning Commission conditionally
approved the Vesting Tentative Map of Tract No. 5316/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 the following improvements:
a. public improvements along major streets (curbs and gutters, sidewalks, medians, street
furniture, street lights, street trees and landscaping and irrigation systems within the landscape
easements).
b. public improvements along local streets(streets,curbs and gutters, sidewalks, medians,
street furniture, street lights and street trees).
c. landscaping within the temporary ponding basin off of North Hayes Avenue.
and
STATEMENT OF COVENANTS
CFD-11 Maintenance/Tract No. 5316
Page 3
WHEREAS, a condition of approval of the Tentative Map requires that the maintenance of
said 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 No. 11; and
WHEREAS, Covenantor has requested the City to annex the Subject Property to the City's
Community Facilities District No. 11 (CFD-11).
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. 11.
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.
STATEMENT OF COVENANTS
CFD-11 Maintenance/Tract No. 5316
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-11 Maintenance/Tract No. 5316
Page 5
DATED: G"lAS- ` (0
Y
CITY OF FRESNO, COVENANTOR
a Municipal Corporation CENTEX HOMES,
A Nevada General Partnership
DAVID D. HEALEY, Director By: CENTEX REAL ESTATE CORPORATION
Public Works Department A Nev4Corn,
As Mal Partner
Michael T. Kirn, Assistant Director Roger Foster, Division Controller
Central Valley Division
APPROVED AS TO FORM:
JAMES C. SANCHEZ
Interim City Attorney
By: k ? (Attach Notary Acknowledgment)
Deputy
STATE OF CALIFORNIA )
ss.
COUNTY OF TULARE )
On February 1, 2007, before me, V C Patton, Notary Public,
Personally appeared Roger Foster
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.
Signature COmmissl0n# 1615937
-i Notary PLtft-CalMoada
TWore County
MV Comm Expires Nov 21,2009
(SEAL)
r
STATE OF CALIFORNIA )
ss.
COUNTY OF TULARE )
On March 24, 2006, before me, Jayne Willis,Notary Public,
Personally appeared ROGER FOSTER
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 rid andffcial seal. ,
Signature ;� 1
i
(SEAL)
JAYNE WILLIS
Commission# 1534559
iNmy
Notary Public-California
Tulare County
Comm.Expires Dec 13,200Ni
C�
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CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO)
On March 1, 2007, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno,
personally appeared, Michael T. (M.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.
REBECCA E. KLISCH
CITY CLERK, CMC
By
Deputy
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On April 6, 2006 before me, Elvia Sommerville, Deputy City Clerk
personally appeared Michael T. (M.T. ) Kirn, Asst. Public Works Director
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
persons(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(s)the person(s), or the entity upon behalf of the CITY OF FRESNO
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH, CMC
CITY CLERK
a
ByL'L� 41
DEPUTY
K:\KeyvanA\Final Maps\FM 5316TM 5316 Covenant CFD-11 Maintenance v03-22-06.wpd
1
NOTICE OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 11
COUNTY OF FRESNO, CALIFORNIA
TO: THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY KNOWN AS:
Tract No. 5316, Lot No.: I 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$405.00 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 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:
Maintenance of landscaping along Polk,Hayes and Dakota and within the temporary ponding basin off Hayes.
Maintenance of local street signs, street lights and street trees within Tentative Tract No. 5316.
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 ANNEXATION WHICH AUTHORIZED CREATION
OF THE COMMUNITY FACILITIES DISTRICT No.11,ANNEXATION No.2 AND WHICH SPECI FIES 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 W 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:
EXHIBIT A
EXHIBIT/� B
Lots 1 through 98, inclusive, of Tract No. 5316 according to the map
thereof recorded on _ _, 2007 in
Volume ofPlats6age(s) , Fresno
County Records.