HomeMy WebLinkAboutT-5412 - Agreement/Covenant - 8/16/2006 (2) � 11
WHEN RECORDED MAIL TO: II
IIII III III I III II II IIII I II III III IIII I IIII I II IIII II
City Clerk FRESNO County Recorder
City of Fresno Robert C, Werner
2600 Fresno Street DOC— 2006-0145985
Fresno, CA 93721-3603
Acct 5-First American Title Insurance Company
Thursday, JUL 13, 2008 08:00:00
Tt I Pd $0.00 Nbr-0002235150
NO FEE-Government Code 6103 RGR/R4/2-11
CITY OF FRESNO
Public Works Department
P.W. File No. 10778
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 5412,
PHASE 2 OF VESTING TENTATIVE MAP NO. 4598
i
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5412
Page 2
RECITALS
WHEREAS,LAFFERTY GDCI FRESNO L.P.,a Delaware Limited Partnership 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 111, inclusive, of Tract No. 5412, Phase 2 of Vesting
Tentative Map No. 4598 according to the map thereof recorded
on )U[t{ /3 , 20OG in Volume 2 (, of Plats at
Page(s) 3 34 +- 3SrFresno 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. 11088 of the Fresno City Planning Commission conditionally
approved the Tentative Map of Tract No. 5412, Phase 2 of Vesting Tentative Map No. 4598,
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 East Hamilton Avenue frontage
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
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5412
Page 3
WHEREAS, Covenantor has requested the City to annex the Subject Property to the City's
Community Facilities District No. 2.
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.
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5412
Page 4
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-2 Landscape Maintenance
Tract No. 5412
Page 5
DATED: 01, 1�2o 1 ZQ
CITY OF FRESNO, COVENANTOR
a Municipal Corporation LAFFERTY GDCI FRESNO L.P.
a Delaware Limited Partnership
DAVID D. HEALEY, Director
Public Works Department By: LAFFERTY/LANDCASTLE, LLC
a California Limited Liability Company
its General Partner.
By:-- / f y. r _
� � B
Michael T. Kirn, Assistant Director Rick S. Laff�fty, Managing Member
APPROVED AS TO FORM: (Attach Notary Acknowledgment)
James C. Sanchez
City A ey
By:
Deputy
K:\Louisr\FT 5412\FM 5412 Covenant CFD-2 Landscape
Maintenance v01-25-05.wpd
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I
State of California
�r
ss.
v of
Count -� -�(�_ CZ1 ( 0 S-bA
On _M0 before me, ���
Date N mle and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared ;�,V
Naes) f Si ris)
;rsonally known to me
❑ proved to me on the basis of satisfactory
evidence �
to be the person( whose name( is/,4e
subscribed to the within instrument and
KELLY Louim LEGARDEUR acknowledged to me that he/ste/ttky executed
Commission*C 506829 the same in his/hir/tVeir authorized
Cords Pubic
CO3- Counh capacity(i ) and that by his/h�r/t e)r
My Comm.Ex;*w Aug 20.2006 signature) on the instrument the person( or
the entity upon behalf of which the person(s)
r acted, executed the instrument. i
r WITNESS my hand and official seal.
iCZ 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:
2�{
Signer(s)Other Than Named Above:
i
Capacity(ies) Claimed by Signer
h Signer's Name:
❑ Individual Top or thyme here
❑ Corporate Officer — Title(s):
❑ Partner — ❑Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
ci ❑ Other:
i Signer Is Representing:
1999 National Notary Association-9350 De Soto Ave.,PO Box 2402•Chatsworth,CA 91313-2402-www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
Final Map Tract No. 5412
P.W. No. 10778
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on t,UL_-( 30 , -Lm , in the office of the Fresno County Recorder
as Document No. 2004 otla-+l�p'S of which the Deed of Trust in by and between:
G:bc.t Fer�5N0 �3 , A as Trustor,
�4*1Et_t-t'-( r0a-To%JkL. 'Tttt_E 3Dtut0 , as Trustee,
and owt n �IWtn16s t�D 11L _ At FERAL S0N%toQS -ahNic , 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. 5412, Phase 2 of Vesting Tentative Map No. 4598.
DATED:
OHIO SAVINGS BANK, a federal savings bank
BENEFICIARY
(Beneficiary to print/type Name,Title and
attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of San Bernardino ISS.
On May 11, 2006, before me, Thanhliem Brenda Le, Notary Public,
personally appeared Victor P. Bessette,
® personally known tome
❑ proved to me on the basis of satisfactory
evidence
to be the person whose name is subscribed to
the within instrument and acknowledged to me
7HANHlIEM BRENDA LE that he executed the same in his authorized
Commission p 1398188 capacity, and that by his signature on the
Notary Public_Colltornia instrument the person, or the entity upon behalf
San Bern
ordino County of which the person acted, executed the
m�,iresFeb4. instrumen
�, My Com
NE my hand nd icial
I
Place Notary Seal Above ) _
Sig ure of Notary Pu is
OPT/
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 Affecting Land Development for landscape Maintenance for
Tract No.5412,Phase 2 of Vesting Tentative Map No.4598
Date: 5111106 Number of Pages: 8
Signer Other Than Named Above:
Capacity Claimed by Signer
Signer's Name: Victor P.Bessette
❑ Individual
® Corporate Officer--Title: Vice President Top of thumb here
❑ Partner--❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing: Ohio Savings Bank
Signer's Name:
❑ Individual
❑ Corporate Officer--Title: Top of thumb here
❑ Partner--❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
ACKNOWLEDGMENTS
STATE OF COLORADO )
)ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 12th day of May,
2006, by Michael S. Attias, Senior Vice President of Ohio Savings Bank, a federal savings bank.
Witness my hand and official seal.
My commission expires: t zee
o= a Notary Public
04i"'►►►Oi►1u10\P�5
SSION EXP
r
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On June 21, 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 a
Deputy
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. 5412, 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 $423.00 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 within and adjacent to Tentative Tracts No.4598, 5188 and 5413. Specifically, along
Hamilton, Armstrong and Butler 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 107 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 \