HomeMy WebLinkAboutT-5357 - Agreement/Covenant - 8/21/2006 (3) t
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WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
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STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS
FOR THE FINAL MAP OF TRACT NO. 5357
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 5357
Page 2
RECITALS
WHEREAS, GRANTLAND AVENUE, 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 199, inclusive, and Outlots A of Tract No. 5357 according to
the map thereof recorded on A,10(45/- "P/ , 2W(.
in Volume (O of Plats Page(s)O 12s" 4 9L ,
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. 11722 of the Fresno City Planning Commission conditionally
approved the Vesting Tentative Map of Tract No. 5357, 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. 11.
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 5357
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. 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.
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. 5357
Page 4
DATED: 0:7
7
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
GRANTLAND AVENUE, LLC,
DAVID D. HEALEY, Director a California Limited Liability Company
Public Works Department
By: GRANVILLE MANAGEMENT, INC
a California Corporation
By: Its Manager
Michael T. Kim, ssistant Director
By:
Darius Assemi, First Vice President
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
(Attach Notary Acknowledgment)
By:
Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of F/'L�.slm) �b
On 110141 'Z pZg2Z before me, ufl7S 's ✓1 er ,
Data Name and Title of Office;(e.g.,"Jane Doe, otary Public")
personally appeared ti-ias �Y21 1
Name(s)of Signer(s)
f g personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
CHRISTINE S.I,INQENFELTER
to the within instrument and acknowledged to me that
COMM.#1380834 -� he/she/they executed the same in his/her/their
• 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.Expaes Oct.20,2006
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
Signature of Nq06 Pub'
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—[I Limited ❑ General amenj ❑ Partner—❑ Limited ❑ General fill
❑ Attorneyin Fact
Top of thumb here El Attorney in Fact
[I Trustee ❑ Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
®2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-600-676-6827
Tract No. 5357/UGM
P.W. File No. 10962
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded
on �_fl�, 02005 in the office of the Fresno County Recorder as Document
No. 02005 C7/_3 ;!Z�1� of which the Deed of Trust in by and between:
C�rA.nt/a�d �4LV12za-,A1L
tr, . . Z L-r as Trustor,
Fi'nanalad as Trustee,
and A/lKeficiary,
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. 5357.
DATED: 11 A06&
BENEFICIARY
77io/nas Wu-1 •, V�'
(Beneficiary to print/type Name,Title and
attach Notary Acknowledgment)
i
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
. c c o
.. c - - '�---- A
State of Cali rnia
ss.
County of
On before me,
D e r Name and Title of Officer(e.g.,"Janet D e,Notary Public")
personally appeared ��D '�S W&I Ltr
Name(s)of Signer(s)
�rsonally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
CHRISM TI GENFEITER to the within instrument and acknowledged to me that
COMM. #1380834 -+
NOTARY PUBLIC.CALFORNIA In-
FRESNO
he/she/they executed the same in his/her/their
FRESNO COUNTY authorized capacity(ies), and that by his/her/their
MY Corr+m.Expires Oct.20,2006
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.
Place Notary Seal Above , N
, k�m�
Signature of N01',Pub'
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 ❑GeneralREPIN ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact 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 1-600-676-6827
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On July 26, 2006, before me, Elvia Sommerville, Deputy City Clerk, 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 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
4
By
Deputy
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. 5357, 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$558.47 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 within and adjacent to Bullard and Grantland Avenues and within Outlot A.
Maintenance of local street signs, street lights,street trees and entry treatments within
Tentative Tract No. 5357.
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 1 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