HomeMy WebLinkAboutT-5457 - Agreement/Covenant - 5/18/2006 (3) r
WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
o Fresno, CA 93721-3603
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CITY OF FRESNO
Public Works Department
P.W. File No. 10864
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR MAINTENANCE OF LANDSCAPING AND NON-STANDARD
IMPROVEMENTS WITHIN FINAL MAP OF TRACT NO. 5457, PHASE 4
OF VESTING TENTATIVE MAP NO. 5247
1 y
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5457
Page 2
RECITALS
WHEREAS, GRANTLAND AVENUE, LLC, a California 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 66, inclusive, of Tract No. 5457 according to the map thereof
recorded on MOV 9 , 20_0,L_ in Volume 75 of
Plats at Page(s) �O + <o / , 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. 12027 of the Fresno City Planning Commission adopted on
June 2 2004 conditionally approved the Vesting Tentative Map of Tract No. 5247, 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 Tentative Map. Specifically, along West Bullard,
North Bryan, West Barstow and North Grantland Avenues and areas within the Subject Property
consisting of decorative street lights, walkway lights, gates, entry pilasters and stamped concrete
paving, in accordance with the adopted standards of the City; and
WHEREAS, the Covenantor has elected to install non-standard improvements (i.e.,
stamped concrete paving and decorative street lights) within the Tentative Map; and
WHEREAS, a condition of approval of the Tentative Map requires that the maintenance of
such landscaping, irrigation system and such non-standard improvements shall be the
responsibility of the Covenantor, a homeowners association or the City's Community Facilities
STATEMENT OF COVENANTS
CFD-2 Landscape Maintenance
Tract No. 5457
Page 3
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.
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, irrigation systems and non-standard 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 landscaping, irrigation systems and non-standard
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. 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. 5457
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. 5457
Page 5
DATED: MA/-� Z3_ _7-
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
GRANTLAND AVENUE, LLC,
A California Limited Liability Company
DAVID D. HEALEY, Director
Public Works Department By: Granville Management, Inc.,
A California Corporation,
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By: Its Manager
/
Michael T. Kirn, Assistant Director
By:
APPROVED AS TO FORM: Darius Assemi, Vice President
JAMES C. SANCHEZ
Interim City Attorney
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Deputy
(Attach Notary Acknowledgment)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Vj"A� ^ )0
On .� Z r m �.l l /i ��
O before e, /e Q / }��
Date Name and Title of Officer(e.g.,"Jane D ,Notary Public") !"
personally appeared Da rl us /_SSae ),
Name(s)of Signer(s)
Q'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.LINGENFELTER 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 si natures on the instrument the erson s or the
aw Comm.Expires Oct.20,2006 g ( ) p ( )
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
Signature ofN o
Ary Publ'
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(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorneyin 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 1-800-876-6827
Tract No. SW5y57
P.W. File No. 10763
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on tl//w, in the office of the Fresno County Recorder, as
Document No.2005 — d L33,0 85 of which the Deed of Trust in, by and between
• Gran-t-1and A venue �-t,c acJco m fa n y
A s s emi 6rns . , 1- , C4 i i 166rni d.h m i fed h a bi ti f-U as Trustor,
F in a n c%a J Ti Fite Co M as Trustee and
Q M%nnt.50 - Q.i'�1�Gr'S enbficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Statement of Covenants Affecting Land Development for Maintenance of Landscaping and Non-
Standard Improvements Within Final Map for Tract No. 5457, Phase 4 of Tentative Tract No. 5247.
DATED: -Mar-ch Z 20D(a
BENEFICIARY
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Susi r,y CaP/I a/Cbfnpq n y1 aJ
Minneso-hK— na.r�i &h!t
(Beneficiary to print/type Name, Title and
attach Notary Acknowledgment)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California /
County of
VAA0_4_ ss.
//�� IAldfu�
On / llf' o2�i before me, 1,hr/.55�'�7e S, 4;,?Yej?
Date Name and Title of Officer(e.g., a Doe,Notary Public") } • '� G
personally appeared olw5 lea I ker
Name(s)of Signer(s)
*/Personally known to me
CHRISTINE S.IINGENFEITER
El proved to me on the basis of satisfactory evidence
COMM.#1380$34 to be the person(s) whose name(s) is/are subscribed
NOTARY PUBLIC-CALIFORNIA to the within instrument and acknowledged to me that
FRESNO COUNTY he/she/the executed the same in his/her/their
NM Comm.Expires Oct 20,2006 y
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.
1
Place Notary Seal Above
/ature Notary tic
OPTIONAL Si
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 General i Partner— Limited General
Attorney in Fact Attorney in Fact
Top of th im here y Tnh of t n tie,,
1 rustee Trustee
Guardian or Conservator
� Guardian or Conservator
Other - i Other:
Signer Is Hepresenfing:--_ Signer Is Re resenhn
CC)20D4 National Notary Association•9350 De Soto Ave..PO.Box 2402•Chatsworth.CA 91313-2402 Item No.5907 Reorder:Call Toll-Ree 1-800-676-6827
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On Aril 20. 2006 , before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
Michael T. (M.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
clv
By �au� PFJ
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. 5457, 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$608.00 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 attached to Tentative Tract No.5247.Specifically,along W.Bullard,W.Bryan and N.Grantland
Avenues and areas within the tract. Maintenance of decorative street lights, walkway lights, gates, entry
pilasters and stamped concrete paving.
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 110, AND WHICH SPECIFIES MORE
PRECISELY HOW THE SPECIAL TAXIS 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 W ITHIN 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