HomeMy WebLinkAboutT-5555 - Agreement/Covenant - 12/12/2006 (2) WHEN RECORDED MAIL TO:
12/08/2006,20060258014
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
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NO FEE - Government Code 6103
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VPublic Works Department
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS
FOR THE FINAL MAP OF TRACT NO. 5555
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 5555
Page 2
RECITALS
WHEREAS, Grove Partners III, 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 35, inclusive, of Tract No. 5555 according to the map thereof
recorded on DecembP.r S 20o4z, in Volume of
Plats at Page(s) 39 -t- 416 , 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. 12365 of the Fresno City Planning Commission conditionally
approved the Vesting Tentative Map of Tract No. 5555, 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. 5555
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.
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 5555
Page 4
DATED: X-7 ®(t
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
GROVE PARTNERS III, LLC,
Public Works Department a California Limited Liability Company
By: Generation Homes Inc.
a California Corporation, Its Manager
By:
Michael T. Kim, Assistant Director
By:
Robbert L. Wood, President
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By:
Deputy
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of AY4--lom
On 11171?!4 before me, .1;X44p 024,44W /Ui?R ;
Date Name and Title of Offi (e.g.,"Jane Doe,Notary Public")
personally appeared �'t L WDD�
Name(s)of Signer(s)
/personally known to me
❑ (or proved to me on the basis of satisfactory evidence)
JEFFREY DAVID MUEM
Conunlsfaon* 1648666 to be the person(s)whose name(s)is/are subscribed to the
F��C_1---- ° within instrument and acknowledged to me that
ourdy
C0MM EA*esFsbU.9pl 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.
Place Notary Seal Above
nature of N ary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to pe ing 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 ' ❑Attorney in Fact •
[I Trustee El Trustee Top of thumb here Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other,. ❑Other:
Signer Is Representing: Signer Is Representing:
0 2008 Nallionsi 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
SUBORDINATION
The undersigned, as holder of the beneficial interest in and under that certain
Deed of Trust recorded June 9, 2006, in the office of the Fresno County Recorder as
Document No. 2006-0120919, of which the Deed of Trust in by and between: GROVE
PARTNERS III, LLC, a California limited liability company, as Trustor, AMERICAN
SECURITIES COMPANY, a California corporation, as Trustee, and WELLS FARGO
BANK, N.A., a national banking 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 the Maintenance of Certain
Improvements for the Final Map of Tract No. 5555.
Dated: October 20, 2006
BENEFICIARY:
WELLS FARGO BANK, N.A., a national banking
association
By:
Its:
Y
By: �— Y
Its:
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF
On 1017-0 10U , before me,Q rvn h w GW- (WoU pU W 6, personally appeared
1'm6tgR (yj5 VUA and cxfllVIRMY-1 ,
personally known to me a is to be the
person(s) whose name(s)46Ware subscribed to the within instrument, and acknowledged
to me that hekheftey executed the same in,hisihetFtheir authorized capacities), and
that by hisfher4their signatures 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.
CARMM WYRK:K
Camn*mon#1541491 NOTARY PUBLIC
Notary ftft-caWw o
Lo�MQ"Cox*
MyCamm.Expire Jon 15,
CLERK'S CERTIFI CA TION
State of California)
County of Fresno)
On November 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
Byf-�ru� �CyD Qh,�►h. o
Deputy
EXHIBIT "A' 1-710(e
Covenantors 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.5555, 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$394.00 during the 06-07 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 Enaineerina 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,sidewalk,curb&gutter,street lights and signs
within and adjacent to N.Santa Fe Ave.and Herndon Frontage within Tentative Tract No.5555.
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 9 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: