HomeMy WebLinkAboutT-5376 - Agreement/Covenant - 7/27/2006 (2) WHEN RECORDED MAIL TO:
City Clerk 07/16/1006
City of Fresno 110060155411
2600 Fresno Street
Fresno, CA 93721-3603
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CITY OF FRESNO
Public Works Department
P.W. File No. 10906
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR LANDSCAPE MAINTENANCE
FOR THE FINAL MAP OF TRACT NO. 5376
STATEMENT OF COVENANTS
Landscape Maintenance
Tract No. 5376
Page 2
RECITALS
WHEREAS, SPENCER ENTERPRISES, INC., a California Corporation hereinafter
collectively and individually, where applicable, shall be jointly 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 31, inclusive, of Tract No. 5376 according to the map thereof
recorded on J1,1W 20 0& in Volume 76 of
Plats at Page(s) 36, Z 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. 12185 of the Fresno City Planning Commission conditionally
approved the Tentative Map of Tract No. 5376, 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 North Clovis, North Phillip and East
Byrd 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 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
Landscape Maintenance
Tract No. 5376
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 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
Landscape Maintenance
Tract No. 5376
Page 4
DATED: Z'04
CITY OF FRESNO, COVENANTOR
a Municipal Corporation SPENCER ENTERPRISES, INC.,
A California Corporation
DAVID D. HEALEY, Director
Public Works Department
By: By:
Michael T. ir4- �.,, Assistant Director ich rd F. Spencer, President
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By: (Attach Notary Acknowledgment)
Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I�S
State of California
ss.
County of Fresno G„
On June 28, 2006 before me, Karen Leigh Emery
Date Noe d Title of OMoer(e.p.,'Jww Doe,NouryPL"e)
personally appeared Richard F. Spencer men
rlome(a)of Slpner(a)
i
n personally known to me
❑ proved to me on the basis of satisfactory
evidence
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to be the person(s) whose name(s) is/are
subscribed to the within instrument and
� EMERY acknowledged to me that he/she/they executed
KAREN LEIGH
w A COMM. IGH EMERY
–+ the same in his/her/their authorized
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capacity(ies), and that by his/her/their
NOTARY RESNOCOUNTY RNN ; signature(s)on the instrument the person(s),or r
FRESNO COUNTY
My Comm.Expires Ju 14,2006 the entity upon behalf of which the person(s) i
acted, executed the instrument.
i' WIT my an and al se
r ic I�1
OPTIONAL }
I Though the infotmatlon below Is not required by law,d may prove valuable to persona relying on the document and could prevent
I fraudulent removal and reattachment of this form to another document 3
( Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
I` Signer(s)Other Than Named Above:
4
' Capacity(les) Claimed by Signer r
Signer's Name:
f;
�! ❑ Individual Top of thumb here 1
❑ Corporate Officer—Title(s):
Partner—❑ Limited ❑General
❑ Attorney-in-Fact
1 ❑ Trustee
i ❑ Guardian or Conservator :
❑ Other: f
Signer Is Representing:
9
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P.W. File No.: 10906
Tract No.: 5376
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on June 21, 2006 in the office of the Fresno County Recorder
as Document No. 2006-0128846 of which the Deed of Trust in by and between:
Spencer Enterprises, Inc., a California Corporation as Trustor,
First American Title Company, a California Corporation as Trustee, and
Housing Capital Company, a Minnesota Partnership , as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Statement of Covenants Affecting Land Development for Landscape Maintenance for Tract
No. 5376.
DATED:
BENEFICIARY
l�-
(Beneficiary to print/type Name, Title and
attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
- — -
.r
State of California
ss.
County of
�r
On before me, ;
Oat Name an (e. Jana Doe,Notary pe Wally appeared
Name(s)of Signers) ,
rsonally known to me
❑ proved to me on the basis of satisfactory '
evidence U,
to be the person(s) whose name(s) is/are 1'
subscribed to the within instrument and
acknowledged to me that he/she/they executed r
KAREN LUGH EMERY the same in his/her/their authorized �{
COMM. #1364734 -f capacity(ies), and that by his/her/their ?
r.. NOTARY PUBUC•CALIFORNIA signature(s)on the instrument the person(s),or ?�
FRESNO COUNTY the entity upon behalf of which the person(s)
My Comm.Expires Ju 14,2006 Pacted, executed the instrument.
WITNESS—my hand and offi ' seal.
�re ubk
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 or this form to another document. I
Description of Attached Document J.
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑Limited ❑General '
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: ?�
Signer Is Representing:
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CLERK'S CERTIFICATION
State of California)
County of Fresno)
On July 20, 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
a
By
Deputy
EXHIBIT "A" ri) (0/010/010
Covenantor's Initial Date
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.5376, 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$602.00 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 Phillip,Byrd and Clovis Avenues
within and adjacent to Tentative Tract No.5376.
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 127 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: