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Home My WebLink AboutT-5442 - Agreement/Covenant - 8/3/2006 (2) WHEN RECORDED MAIL TO: City Clerk 0810312006120060161279 o City of Fresno w 2600 Fresno Street Fresno, CA 93721-3603 clf a- O O U CD NO FEE - Government Code 6103 CITY OF FRESNO Public Works Department P.W. File No. 10885 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR THE FINAL MAP OF TRACT NO. 5442, PHASE 2 OF VESTING TENTATIVE MAP NO. 5258 y. STATEMENT OF COVENANTS CFD-2 Landscape Maintenance Tract No. 5442 Page 2 RECITALS WHEREAS, McMILLIN SUNNYSIDE RANCH, LLC, a Delaware Limited Liability Company, 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 70, inclusive, according to the map thereof recorded on AUll,us� 3 , 20D(e in Volume 747, of Plats at Page(s) 51/ 4- /,y2 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. 12034 of the Fresno City Planning Commission conditionally approved the Tentative Map of Tract No. 5258, 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 South Clovis Avenue 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 and all other final map phases of the Tentative Map 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 CFD-2 Landscape Maintenance Tract No. 5442 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 CFD-2 Landscape Maintenance Tract No. 5442 Page 4 DATED: o4z'2 CITY OF FRESNO, COVENANTOR a Municipal Corporation McMILLIN SUNNYSIDE RANCH, LLC DAVID D. HEALEY, Director a Delaware Limited Liability Company Public Works Department By: McMillin Management Services, LP a California Limited Partnership, as Manager 44on,�ZQ By: Corky McMillin Construction Services, Inc., By: As General Partner Michael T.'Kim, Assistant Director By: APPROVED AS TO FORM: Bill Walls, Vice President JAMES C. SANCHEZ City Attorney Bert Almaguer, Viced9esident By: ,L �-r—� Deputy (Attach Notary Acknowledgment) ACKNOWLEDGMENT State of California County of :F*=o 0 before me, 1�n 441 (here insert name anV title of the officer) personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s).ie/are subscribed to the within instrument and acknowledged to me that hs44e/they executed the same in his/her/their authorized capacity(ies), and that by Ws/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. i;=RZIBRIF1 commission s 1366M L ' , Notary Public-California Fresno county Signator my Comm.Expires Jul 2ti,Z�ti (Seal) SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on January 10, 2006 , in the office of the Fresno County Recorder as Document No. 2006- 0005140 of which the Deed of Trust in by and between: MCMILLIN SUNNYSIDE RANCH, LLC, a Delaware Limited Liability Co. as Trustor, PRLAP, INC. , as Trustee, and BANK OF AMERICA, NATIONAL ASSOCIATION , 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. 5442. DATED: C(N U BENEFICIARY BANK OF AMERICA, NATIONAL ASSOCIATION BY: o V. 1►10 BY: T t2r�N VP (Beneficiary to print/type Name,Title and attach Notary Acknowledgment) ACKNOWLEDGMENT State of California County of San Diego On June 14, 2006 before me, Peggy J. French, Notary Public (here insert name and title of the officer) personally appeared Ronald V. Montoro and Cinthya Y. Martinez personally known to me �basis 444a#&fa4efy-ev+deflee�to be the person(s)whose name(s)-is/are subscribed to the within instrument and acknowledged to me that#�/they executed the same in iris`hw/their authorized capacity(ies), and that by 4WM/ 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. CPE RE C!T NOtMN Pub#c - CaNfornio San Diego County Signature V Comm.ExprresJon 8,2007 (Seal) CLERK'S CERTIFICATION State of California) County of Fresno) On June 29, 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 Itz6 By Deputy a . a 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. 5442, Lot No.: I 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$963.00 during the 05-06 and 06-07 tax years. The maximum special tax shall be adjusted annually by+3% plus the increase, if any, in the construction cost index for the San Francisco Region for the prior twelve(12) month period as published in the Engineering News Record (as applicable). (3)The authorized facilities which are being paid for by the special taxes, and by the money received from the sale of bonds which are being repaid by the special taxes,are: Landscaping,Trail, Gates and Entries within Vesting Tentative Tracts No. 5295 and 5258. Specifically, along Church, Clovis, Minnewawa and McMillin Avenues and along the Fancher Creek Canal. These facilities may not yet have all been constructed or acquired and it is possible that some may never be constructed or acquired. YOU MAY OBTAIN A COPY OF THE RESOLUTION OF FORMATION WHICH AUTHORIZED CREATION OF THE COMMUNITY FACILITIES DISTRICT,ANNEXATION 113 AND WHICH SPECIFIES MORE PRECISELY HOW THE SPECIAL TAX IS APPORTIONED AND HOW THE PROCEEDS OF THE TAX WILL BE USED, FROM THE CITY CLERK'S OFFICE OF THE CITY OF FRESNO BY CALLING (559) 621-7650. THERE MAY BE A CHARGE FOR THIS DOCUMENT NOT TO EXCEED THE REASONABLE COST OF PROVIDING THE DOCUMENT. I (WE)ACKNOWLEDGE THAT I (WE) HAVE READ THIS NOTICE AND RECEIVED A COPY OF THIS NOTICE PRIOR TO ENTERING INTO A CONTRACT TO PURCHASE OR DEPOSIT RECEIPT WITH RESPECT TO THE ABOVE-REFERENCED PROPERTY. I (WE) UNDERSTAND THAT I (WE) MAY TERMINATE THE CONTRACT TO PURCHASE OR DEPOSIT RECEIPT WITHIN THREE DAYS AFTER RECEIVING THIS NOTICE IN PERSON OR WITHIN FIVE DAYS AFTER IT WAS DEPOSITED IN THE MAIL BY GIVING WRITTEN NOTICE OF THAT TERMINATION TO THE OWNER,SUBDIVIDER,OR AGENT SELLING THE PROPERTY. DATE: Buyer: Seller: Buyer: EXHIBIT "A$'