HomeMy WebLinkAboutT-5512 - Agreement/Covenant - 5/22/2008 (3) WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
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NO FEE - Government Code 6103
CITY OF FRESNO
Public Works Department
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STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS
FOR THE FINAL MAP OF TRACT NO. 5512
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 5512
Page 2
RECITALS
WHEREAS, SPINO INC., a California Corporation, 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 126, inclusive, and Outlots A, B and C of Tract No. 5512
according to the map thereof recorded on Albt1 , 200?
in Volume 201 of Plats at Page(s) L3 fh.,u 6'7 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. 12491 of the Fresno City Planning Commission conditionally
approved the Vesting Tentative Map of Tract No. 5512/UGM, 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
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 5512
Page 3
WHEREAS, Covenantor has requested the City to annex the Subject Property to the City's
Community Facilities District No. 11.
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 mariner 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.
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 5512
Page 4
DATED: oS�oG r
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
SPINO INC., a California Corporation
Public Works Department
Patrick Wierniiller, Director
By: B
Scott Mozier, P.E., Assist t Director "Spin
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By:_( . t
John W. Fox
Deputy City Attorney
Date:
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On April 8, 2008 before me, Cristian Reyes,Notary Public
DATE NAME,TITLE OF OFFICER"
personally appeared Thomas A. Spino
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose nameKis/grd'
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/h9Ktheir authorized capacity, and that by his/h&'/tk6i`r signatureCs�Kon the instrument
the person("or the entity upon behalf of which the personXacted, 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.
CRISTIAN REYES
WITNESS my hand and official seal. ;@My
COMM.#1586971 -1
FNOTARY PUBLIC-CALIFORNIA
FRESNO COUNTY
Comm,Expires Jun 12,2009
SIGNATURE OF NOTARY
This area for notarial seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying
on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNED DESCRIPTION OF ATTACHED
DOCUMENT
CEJ INDIVIDUAL State of Covenants
CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S) DATE OF DOCUMENT
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER(S)OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
SUBORDINATION
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE MAINTENANCE OF CERTAIN
IMPROVEMENTS FOR THE FINAL MAP OF TRACT NO. 5512
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on August 7, 2007 , in the office of the Fresno County Recorder
as Document No. 2007-0149355 of which the Deed of Trust in by and between:
Spino, Inc. , a California corporation as Trustor,
First Santa Clara Corporation, a California corporation as Trustee,
and Bank of the West, a California banking corporation , as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Statementof Covenants Affecting Land Development for the Maintenanceof Certain Improvements
for the Final Map of Tract No. 5512.
DATED: April 1:1, 2008
BENEFICIARY
Wendi Reed, Vice]President
1
(Beneficiary to print/type Name, Title and
attach Notary Acknowledgment)
CALIFORNIA ALS.-PURPOSE ACKNOWLEDGMENT State of California
County of �%wi v V�
On WN i LQ 0'-6/ before me, �-
Date ++ Here Insert Name and Title of the Officer `
personally appeared �� � U1
Name(s)of Signer(s)
who proved to me n the basis of satisfactory evidence to
be the person(S hose nam s) is/ e subscribed to the
LASE within instc ent and ackno e ed to me that
'� she/th executed the sane in fs/her/ eir authorized
Notary RAfta Co CalabnNo � ca acK(ii �and that b is/he th natu son the
Corina Costo Car+ttr P ( y 9
My comm.6trosJttt23, instru nt the person ort entity up n behalf of
which he person( cted, executed the instrument.
1 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.
Signature ✓��
Place Notary Seal Above 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:
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 _ ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact 2aM M1 ❑Attorney in Fact •
El Trustee F-1 Trustee Top of thumb here Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: F1 Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder Call Toll-Free 1-800-876-6827
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On May 7, 2008, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno,
personally appeared, Scott Mozier, P.E. Assistant Public Works Director, 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) 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
EXHIBIT "A"
Covenantor's Initial Date
NOTICE OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 11
COUNTY OF FRESNO, CALIFORNIA
TO: THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY KNOWN AS:
Tract No. 5512, 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 $ 629.00 during the 07-08 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:
Maintenance of all landscaping and irrigation systems within street right-of-ways
(parkways and median islands), landscape easements and outlots, and features within and adjacent to
Final Tract Map No. 5512 on the northeast corner of W. Clinton and North Cornelia 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 19 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: