HomeMy WebLinkAboutT-5325 - Agreement/Covenant - 10/27/2005 (3) f WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
o _ 110/16/1005,10050151911
O O NO FEE - Government Code 6103
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�C:)j CITY OF FRESNO
Public Works Department
P.W. File No. 10780
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 5325
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5325
Page 2
RECITALS
WHEREAS, Century Developers, LLC, a California Limited Liability Company shall be
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 44, inclusive,of Tract No. 5325 according to the map thereof
recorded on (fir, k)P,r' 6, , 200
in Volume 23 of Plats at Page(s) 75 t ?(.,, -
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. 12,136 of the Fresno City Planning Commission conditionally
approved the Tentative Map of Tract No. 5325, 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 West Gettysburg, North Polk, and
North Barcus Avenues 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
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
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.
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5325
Page 3
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,"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
affect the validity or enforceability of anyone 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. 5325
Page 4
i
DATED: o ,y
CITY OF FRESNO, COVENANTOR
a Municipal Corporation Century Developers, LLC,
a California Limited Liability Company
DAVID D. HEALEY, Director
Public Works Department
y:
Leo 1 Alva do, President
By: L
Michael T. Kirn, Assistant Director
APPROVED AS TO FORM: (Attach Notary Acknowledgment)
Hilda CantO Montoy
City Attorn
By:
Deputy
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Maintenance v01-25-05.wpd
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Fresno
On August 24, 2005 before me, Rosa M. Milan, Notary Public
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared Leonel Alvarado
Name(s)of Signer(s)
k7 personally known to me
proved to me on the basis of satisfactory evidence
to be the person(a) whose name(a) is/a+e subscribed
to the within instrument and acknowledged to me that
ROSAM.MUM.. he/sh&they executed the same in his/#er/the+r
_
Cam.mmon 1481"0 authorized capacity(ies), and that by hisAier#heir
N6faFY"uW-CaPomld signature(s) on the instrument the person(#), or the
FNV*MV comm. Carry entity upon behalf of which the person(e) acted,
Apr 9,
} executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
Signature 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: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General _
❑ Attorney in Fact El Attorney in Fact-
Top of thumb here y Top of thumb here
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
„ :
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
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IF;,
ply CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On September 27, 2005, before me, Elvia Sommerville, Deputy City Clerk, personally
appeared,M.T. (Michael 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.
W/TNESSmy hand and official City Seal.
, REBECCA E'fKL'JSCf�`-`CJ`�C
CITY
By
Deputy 'September ,? 005(12:40pm)
rre;l 7.
vO
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. 5325, 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$544.00 during the 05-06 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:
Landscaping adjacent to tract no. 5325.Specifically, along N. Polk, W. Gettysburg
and N. Barcus 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 91 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:
EXHIBIT «A„