HomeMy WebLinkAboutT-5340 - Agreement/Covenant - 8/31/2006 (3) i. f r
WHEN RECORDED MAIL TO:
City Clerk 08/30/2006,20060182578
City of Fresno
Im 2600 Fresno Street
O Fresno, CA 93721-3603
Z
O
U
W NO FEE - Government Code 6103
a
W
d CITY OF FRESNO
Public Works Department
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR THE MAINTENANCE OF LANDSCAPING AND NON-STANDARD
IMPROVEMENTS WHITHIN FINAL MAP OF TRACT NO. 5340
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 5340
Page 2
RECITALS
WHEREAS,STOCKBRIDGE VENTURE ll,LLC.,a California Limited Liability Company,
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 33, inclusive, of Tract No. 5340 according to the map thereof
recorded on , 2001�? in Volume of
Plats at Page(s) , Fresno County Records; dnd
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. 12152 of the Fresno City Planning Commission conditionally
approved the Vesting Tentative Map of Tract No. 5340, 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.
' f f
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 5340
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. Such 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 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 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 Maintenance
Tract No. 5340
Page 4
DATE O : 09-2-2"0i
CITY OF FRESNO, COVENANTOR
a Municipal Corporation STOCKBRIDGE VENTURE II, LLC.
A California Limited Liability Company
Public Works Department
By: ATI Kilo By:
Michael T. Kirn, Assistant Director Guy Sto anager
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By: ! (Attach Nptary Acknowledgment)
Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On August 14, 2006 before me, Eve L. Contreras, Notary Public,
personally appeared Guy Stockbridge ,
personally known to me
EVE L.CONTRERAS ❑ proved to me on the basis of satisfactory evidence
Commission# 1481595
-s Notary Pubis-California y� to be the person whose name is subscribed
Fresno County
My Comm.Expires Apr 9,2008 to the within instrument and acknowledged to me that
MOW he executed the same in his
authorized capacity, and that by his
signature on the instrument the person, or the
entity upon behalf of which the person acted,
executed the instrument.
WITNESS, my hand and official seal.
ZZ16��_
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: Statement of Covenants for Tract 5340
Document Date: August 14, 2006
Signer(s) Other Than Named Above: Michael T. Kim, Assistant Director
Capacity(ies)Claimed by Signer
Signer's Name: Guy Stockbridge
❑ Individual
'19Corporate Officer-Title(s): Manager
❑ Partner-0 Limited 0 General
❑Attorney-in-Fact
❑Trustee
❑ Guardian or Conservator
❑Other:
Signer is Representing: Stockbridge Venture II, LLC
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on FEBRUARY 22, 2006 , in the office of the Fresno County Recorder
as Document No. 2006-0037447 of which the Deed of Trust in by and between:
STOCKBRIDGE VENTURE II, LLC as Trustor,
UNITED SECURITY BANK , as Trustee, and
UNITED SECURITY BANK , as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Statement of Covenants Affecting Land Development for the Maintenance of Certain Improvements
for the Final Map of Tract No. 5340.
DATED: JULY 12i 2006
BEN FICIARY
WILLIAM. T .KEENER,. .
VICE PRESIDENT & R/E CONSTRUCTION MANAGER
(Beneficiary to prinUtype Name,'ride and
attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof nir
�CC4M0 ss.
On before me, 01 tQi
Date Name and Title of Officer(e.g.,"Jane e,Notary Public")
personally appeared UVI��IIL T �� 12 ,
Names of Signer(s)
Ipersonally known to me
❑'proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
CAROL MIRANDA to the within instrument and acknowledged to me that
Commission#1504938 he/she/they executed the same in his/her/their
-s = Notary Public-California authorized capacity(ies), and that by his/her/their
Fresno County signature(s) on the instrument the person(s), or the
My Comm.Expires Aug 1,2008
entity upon behalf of which the person(s) acted,
executed the instrument.
7WESS my n nd 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(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—ElLimited ❑ General
❑ Attorneyin Fact .
Top of thumb here ❑ Attorney in Fact Top of thumb here
El Trustee ElTrustee
❑ 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
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on FEBRUARY 22, 2006 , in the office of the Fresno County Recorder
as Document No. 2006-0037448 of which the Deed of Trust in by and between:
STOCKBRIDGE VENTURE II, LLC as Trustor
FINANCIAL TITLE COMPANY, A CALIFORNIA CORPORATION , as Trustee, and
JAMES EDWARD POPLIN AND DEBRA LYNN POPLIN, HUSBAND AND WIFE AS , as Beneficiary,
JOINT TENANTS
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Statement of Covenants Affecting Land Development for the Maintenance of Certain Improvements
for the Final Map of Tract No. 5340.
DATED*
BENEFICIARY
Jnw�pS raw<< <� Qdpl;,�
(Beneficiary to print/type Name,Title and
attach Notary Acknowledgment)
l
STATE OF OREGON,
. ss.
County of----�"-{1cman-----------------------------
On___ ___+�?Ea a�� ------------before me personally appeared 7)2Lr'----
C,
-- C-AGLi,2c -- _Q$ -----------------------------------------------------U--------------
whose identity w s established to my satisfaction, and who executed the foregoing instrument, acknowledging to me that the same was
executed freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my han and affixed y official seal on th ate first written above.
Notary Public for Oregon C Q
My commission expires _______
FORM No.29-ACKNOWLEDGMENT,INDIVIDUAL. EB COPYRIGHT 2001 STEVENS-NESS LAW PUBLISHING CO.,PORTLAND,OR 97204
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On August 24. 2006, before me, Elvia Sommerville, Deputy City Clerk, 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 be 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
a e
By
Deputy
Y l
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.5340, 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$707.00 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:
Landscaping along North Maple and East Powers Avenues
within and adjacent to Tentative Tract No.5340.
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 125 AND WHICH SPECIFIES MORE
!PRECISELY HOW THE SPECIAL TAX IS^PPORT!0NED 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] _