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HomeMy WebLinkAboutT-5553 - Agreement/Covenant - 4/21/2010 (2) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 NO FEE - Government Code 6103 0412012010,20100050342 CITY OF FRESNO Public Works Department cc O LL Z O V W L!a 4 W a STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS FOR THE FINAL MAP OF TRACT NO. 5553 STATEMENT OF COVENANTS CFD Maintenance Tract No.5553 Page 2 RECITALS WHEREAS, DE YOUNG PROPERTIES 5553 L.P., a California Limited Partnership, 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 42, inclusive, of Tract No. 5553 according to the map thereof recorded on AQrll ao , 20/0 in Volume 'til of Plats at Page(s) '/.? f V3 , 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. 12438 of the Fresno City Planning Commission conditionally approved Vesting Tentative Map No. 5553, 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. 5553 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.5553 Page 4 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation De Young Properties 5553 L.P., Public Works Department A California Limited Partnership Patrick Wiemiller, Director By: Team 5 Properties, Inc. A California Corporation, Its Sole General Partner By: By: 4PN—1 Scott Mozier, P.E., Assist&t Director Jerry A. b -oun Pesid§At APPROVED AS TO FORM: JAMES C. SANCHEZ (Attach Notary Acknowledgment) City Attorney By: n Phaffin 7� a Attorney Date: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c State of California County jof before me, Date Insert Name and Title of the Officer personally appeared H K - e Names)of r(s) 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/siaefthey executed the same in his/ha;14EIir 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(&) acted, executed the instrument. 4 BRENDA C. POE I certify under PENALTY OF PERJURY under the COMM. #1868032 laws of the State of California that the foregoing PUBLIC-CALIFORNIA FRESNO COUNTY paragraph is true and correct. QMNOTARY Y Comm.Expires November 8,2013 WITNESS my hand and official seal. � Signature: 11/1a— ' < Place Notary Seal and/or Stamp 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. I' Description of Attached Do en_t Title or Type of Document: Document Date: Number of ages: 67 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Individual M. Individual ❑ Partner—❑Limited General Top of thumb Here - Partner—❑ Limited LI General Top of thumb here Cl Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: J Other: Signer Is Representing: Signer Is Representing: ( I } ©2008 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-676-6827 CLERK'S CERTIFICATION State of California ) County of Fresno ) On April 9, 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 Bys Deputy '� SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on jh$112-6 H 5- -}, /0 , in the office of the Fresno County Recorder as ocument No. of which the Deed of Trust in by and between: !-/fS5 3 �� as Trustor, L , as Trustee, and �'fl L /CtJ,9A)i'A 211;tj x -/ %eaS f , 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. 5553. DATED: 42- BENEFICIARY By: By: (Beneficiary to print/type Name, Title and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT FK'_XZ t_ — Gtu� �..te of Californniaunty of /CJ before me, Dat Here Insert Name ani?Title of the Officer personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(§) whose name(§). is/axe subscribed to the within instrument and acknowledged to me that he/si oA4ey executed the same in his/hwAhe� authorized capacity(ies), and that by his/heAheif signatureN on the instrument the person(§), 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 i paragraph is true and correct. BRENDA C. POE WITNESS my hand and official seal. COMM. #1868032 OTARY NPUBLIC'CALIFORNIA-C MY omm. FRESNO COUNTY Signature: " CEz ire§N a 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 Docu,oei,n''t ,f� - r Title or Type of Document: �C 1=2-0 Z 6ZZ7Z Z ZLfi277L_ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual ❑ Individual ❑ Partner— Limited --General Top of thumb here ❑ Partner—C Limited 7 General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee " ❑ Guardian or Conservator ❑Guardian or Conservator F-1 Other: ❑Other: Signer Is Representing: Signer Is Representing: " 02008 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-www.NationalNotary.org Item 115907 Reorder:Call Toll-Free 1-800-876-6827 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. 5553, 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$872.38 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, and by the money received from the sale of bonds which are being repaid by the special taxes, are: Maintenance of landscaping and features within and adjacent to North Chestnut and East Teague Avenues within Final Tract Map No. 5553. 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 11 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: