HomeMy WebLinkAboutT-5482 - Agreement/Covenant - 4/22/2010 (2) WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
04/22/2010,20100051585
NO FEE - Government Code 6103
a CITY OF FRESNO
0 Public Works Department
LL
Z
O
C.7
W
a
W
J
CL
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS
FOR THE FINAL MAP OF TRACT NO. 5482
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 5482
Page 2
RECITALS
WHEREAS, K. HOVNANIAN AT FRESNO, LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY, hereinafter 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 79, inclusive, and Outlot A of Tract No. 5482 according to the
map thereof recorded on Amt 1 2010 in Volume 91 of
Plats at Page(s) *41 1l5 Fresno County Records; and
WHEREAS, the Covenantor hereby warrants that any and all parties having record title
interest in the Subject Propertywhich 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. 12373 of the Fresno City Planning Commission conditionally
approved Vesting Tentative Map No. 5482, 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 limits of the Tentative Map, more particularly
described in EXHIBIT"A"attached hereto and incorporated by reference as if fully set forth herein;
and
WHEREAS, a condition of approval of the Tentative Map requires that the maintenance of
such improvements 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; and
WHEREAS, Covenantor has requested the City to annex the Subject Property to the City's
Community Facilities District No.11.
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 5482
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. Such 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 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. 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
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.
7. In the event that litigation is instituted to enforce or interpret any provision of this
Statement,the parties agree that the prevailing party shall be paid reason able attorney's fees,costs
and litigation expenses.
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 5482
Page 4
DATED: jmlzcl�
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
K. HOVNANIAN AT FRESNO, LLC,
Public Works Department a California Limited Liability Company
Patrick Wiemiller, Director
By: K. Hovnanian Development of California, Inc.
A California Corporation, Its Sole Member
By: By: 604 `
Scott Mozier, P.E., Assistalff Director Ric `rT7 F ayes re .,
Vice President
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
(Attach Notary Acknowledgment)
By:
annon ffi
eputy i ey
Date: Z
State of California
County of Sacramento
On January 4, 2010 before me, Terrie Lackner, Notary Public personally appeared
Richard J Balestreri who proved to me on the basis of satisfactory evidence to be the
personi- whose name(-s-) is/a-re subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(+es), and that by
his/he eisignatures-) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
7ERRIE LACKNER
Commission ip 1822997
/ Notary hbiio•C&Il M111
Signature • Q (Seal) M ��ro� ou g 2012
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On March 19, 2010 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared,
Scott Mozier P.E., Assistant Director, Public Works Department, who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
REBECCA E. KLISCH, CMC
City Clerk, City of Fresno
`By Deputy
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on October 27, 2008, in the office of the Fresno County Recorder as Document
No. 2008-0149388 of which the Deed of Trust is by and between: K. Hovnanian at Fresno, LLC,
successor-in-interest to K. Hovnanian Communities, Inc, as Trustor, Chicago Title Insurance
Company, as Trustee, and Wilmington Trust Company, successor-in-interest to Deutsche Bank
National Trust Company, pursuant tothat certain Assignment recorded on October 9, 2009, as
Instrument No. 2009-0140684, in the Office of the Fresno County Recorder, 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
Improvements for the Final Map of Tract No. 5482.
DATED: , 20
BENEFICIARY
WILMINGTON TRUST COMPANY
By:
Patrick J. Healy
Name: Vice Presicient
Title.
(Beneficiary to print/type document information, Name,Ttle
and attach Notary Acknowledgment)
Improvements.2d
STATE OF DELAWARE )
COUNTY OF NEW CASTLE )SS.:
I CERTIFY that on the A Laay of January, 2010, before me,the undersigned,personally
appeared PATRICK HEALY, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, that by his signature on the
instrument, the individual, or the person upon behalf of which the individual acted, executed the
instrument.
vQa��1VlISs�Oti✓
_ LEAH M.WALKEN
_ EXP4RES
D10 -
- Notary Public-state of Delawafb
% �C)" ; My Comm. Expires March 31, 2010
�.A�r?�?� 4Q.
Ifff 11111}`
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on February 9, 2009, in the office of the Fresno County Recorder as Document
No. 2009-0017031 of which the Deed of Trust is by and between: K, Hovnanian at Fresno, LLA
successor-in-interest to K. Hovnanian Communities, Inc, as Trustor, Chicago Title Insuran4
Company, as Trustee,and Wilmington Trust Company,�tassesser ifl-itafes#-ta Daetssk►aBaek
-Natieaal-TFust-EoF,4pa�-p r-suaF�t-to-that-sartaiz�Assig att-r-e 2009,
it�st� etat-No-2008-E�140€84,--flnthe-GAGe f4h-&-W;asae-Ea y-Resider, 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
Improvements for the Final Map of Tract No. 5482
DATED: J— 20
BENEFICIARY
WILMINGTON TRUST COMPANY
By: 1 ��
Name: Patrick J. Healy
Title:
A K A O-Jr c_L 4"
(Beneficiary to p(ntitype document information, Name,Title
and attach Notary Acknowledgment)
Improvements,3d
STATE OF DELAWARE )
COUNTY OF NEW CASTLE )SS.:
I CERTIFY that on the-a day of January, 2010, before me, the undersigned,personally
appeared PATRICK HEALY, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, that by his signature on the
instrument, the individual, or the person upon behalf of which the individual acted, executed the
instrument.
ti4I11f IA11
ISM M.WALKER
Notary Public-State of Delo Art
' - My Comm. Expires March 31, 2010
EXPIRES _
MARCH 31,2010 -
fJ
11�'e pus -
,'AAAfli ylA
EXHIBIT A
NOTICE OF SPECIAL TAX
Revised Oct. 14, 2009
COMMUNITY FACILITIES DISTRICT NO. 11
COUNTY OF FRESNO, CALIFORNIA
TO: THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY KNOWN AS:
Tract No. 5482, 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 $ 933.92 during the 09-10 tax year (valid through June 30, 2010.) 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 are:
For Final Tract 5482:
Maintenance of landscaping and irrigation systems within street rights-of-way and landscaping easements along
Peach Avenue, Jensen Avenue and Chapman Avenue. Maintenance of landscaping and irrigation systems within
the path between Jensen and Hoxie Avenues. Maintenance of street lights, street signs, curbs, gutters, valley
gutters and sidewalks located within the tract.
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 16 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: