HomeMy WebLinkAboutT-5368 - Agreement/Covenant - 2/7/2006 (3) WHEN RECORDED MAIL TO:
City Clerk
City of Fresno k
W.4 ,2600 Fresno Street0110 WON 10060013803
K r Fresno, CA 93721-3603
NO FEE-Government Code 6103
LLJ
O O CITY OF FRESNO
Z U Public Works Department
G
U P.W. File No. 10811
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR THE MAINTENANCE OF CERTAIN PUBLIC IMPROVEMENTS
WITHIN AND ADJACENT TO THE
FINAL MAP OF TRACT NO. 5368
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STATEMENT OF COVENANTS
CFD-11 Maintenance/Tract No. 5368
Page 2
RECITALS
WHEREAS, Fresno Park Communities, LLC,a California Limited Liability Company,
5521 Reseda Boulevard Suite 203 Tarzana California 91356 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 38, inclusive,and Outlot A of Tract No. 5368 according to the
map thereof recorded on .
k.111 200/., 200. in Volume gLt
of Plats at Page(s) -5-5 4& , 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. 12100 of the Fresno City Planning Commission conditionally
approved the Vesting Tentative Map'of Tract No. 5368, 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 easements along North
Polk Avenue, said Outlot A, and public improvements (e.g.,.streets, curbs and gutters, sidewalks,
medians, and street furniture) within and adjacent to the Tentative Map; and
WHEREAS, a condition of approval of the Tentative Map requires that the maintenance of
such landscaping and irrigation system, open space and public improvements shall be the
responsibility of the Covenantor, a homeowners association or the City's Community Facilities
District; and
WHEREAS, Coveriantor has elected to satisfy this maintenance condition by annexing the
STATEMENT OF COVENANTS
CFD-11 Maintenance/Tract No. 5368
Page 3
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.
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
r the invalidity or partial invalidity or unenforceability of any one provision or portion thereof sha{{not
affect they validity or enforceability of any one provision thereof. Whenever the context of the
£k
STATEMENT OF COVENANTS
CFD-11 Maintenance/Tract No. 5368
Page 4
Statement so requires, in interpreting this Statement, any gender includes the other genders, the
singular includes the plural, and the plural includes the singular.
x;
STATEMENT OF COVENANTS
CFD-11 Maintenance/Tract No. 5368
Page 5
DATED: �2 �0149�
CITY OF FRESNO, COVENANTOR
a Municipal Corporation Fresno Park Communities, LLC,a California
Limited Liability Company
DAVID D. HEALEY, Director
Public Works Department
By:
By: a• Tim Sp 7 anaging Member
Michael T. Kirn, Assistant Director
(Attach Notary Acknowledgment)
APPROVED AS TO FORM:
Hilda Cantu Montoy
City Attorney
By:
Deputy
z
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
File No: Q
STATE OF California )SS APN No:
COUNTY OF FRESNO )
On 11/30/2005 before me, C.JOY personally appeared
TIM SPATE
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 h d a offi ' I se --L4 COMM #C.j®93936
Signature s NOTARY PUBLIC.CALIFORNIA
FRESNO COUNTY
My Comm.Expires Jan.16,2007
This area for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below,doing so may prove invaluable to persons relying on the
documents.
INDIVIDUAL
❑ CORPORATE OFFICER(S) TITLE(S)
0 PARTNER(S) ❑ LIMITED ❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
GUARDIAN/CONSERVATOR
❑ OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required by law, it.could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT: STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
NUMBER OF PAGES DATE OF DOCUMENT
SIGNERS) OTHER-THAN NAMED ABOVE
Reproduced by First American Title Insurance 1/2001
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SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on in the office of the Fresno County Recorder
as Document No. of which the Deed of Trust in by and between:
B/ _
L6�M� I g_,l SGS as Trustor,
C I(A , as Trustee,
and 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 Public
Improvements Within and Adjacent to the Final Map of Tract No. 5368..
DATED:
BENOI R
U IOP
(Beneficiary to print/type Name,Title and
attach Notary Acknowledgment)
F♦
ry',
,e
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of Cg\,% Cccr� \
County of
On j�05 before me, e o'J� O(L �r� loll-
Name
J11 Name and Title of Officer(e.g.,"Jane[Joe,Notary Public")
personally appeared Z n J(9) VV-) Qc),c)ud c
Name(s)of Signer(s)
❑ , -OR- proved to me on the basis of satisfactory evidence to be the personO whose
name(s� is/aizQ_ subscribed to the within. instrument and
SHERRY DAVIS acknowledged to me that he/s#e/tAey executed the same in
COMM.01463543 rn his/hh(/tPti�ir authorized capacityXs),,, and that by his/Fitt/tNir
Notary Public-California W si nature on the instrument the ersonN, or the entity upon
v.. � 9 P Y P
�ANLUm.IS UPP Jan COUNTV
behalf of which the person acted, executed the instrument.
My Comm.Exp.Jan 17,2x08
WITNESS my hand and official seal.
r
1
,gnature 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:
El Individual ❑ Individual
El Corporate Officer ❑ Corporate Officer
❑ Titles(s): ❑ Title(s):
❑ Partner-❑ Limited ❑ General ❑ Partner-❑.Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
VICIR
❑ Guardian or Conservator . ❑ Guardian or Conservator
❑ Other: Top of Thumb here ❑ Other: Top of Thumb here
Signer Is Representing: Signer Is Representing:
�x}i
CLERK'S CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF FRESNO
CITY OF FRESNO
On January 10, 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
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.
WITNESS my hand and official City Seal.
REBECCA 'E. KL ISCH, CMC
CITY CLERK Y
a
0
By ✓ 1111L2�
Deputy .. . January 10,2006(4:22pm)
s
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. 5368, 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$1,402.00 during the 05-06 tax year. The maximum special tax shall be adjusted
annually by+3% and by applying 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 and features associated with vesting tentative tract no. 5368. Landscaping along N. Polk
Avenue and within Outlot A. Maintenance of interior street lights, streets,curbs, gutters, sidewalks and
street trees.
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, 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:s: Buyer:
x [ExhibiCA�,