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Home My WebLink AboutT-5614 - Agreement/Covenant - 3/16/2007 (2) �r WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 0 02/15/2007,20@70032882 w NO FEE - Government Code 6103 M �— CLE! V CITY OF FRESNO O Public Works Department U STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS FOR THE FINAL MAP OF TRACT NO. 5614, PHASE 2 OF VESTING TENTATIVE MAP NO. 5338/UGM STATEMENT OF COVENANTS CFD Maintenance Tract No. 5614 Page 2 RECITALS WHEREAS, Fresno Park Communities II, 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 14, inclusive, of Tract No. 5614 according to the map thereof recorded on P�-w /.S , 20& in Volume 7:9 of Plats at Page(s) 23 f �_, 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. 12179 of the Fresno City Planning Commission conditionally approved the Tentative Map of Tract No. 5338, 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. 5614 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. ,y STATEMENT OF COVENANTS CFD Maintenance Tract No. 5614 Page 4 DATED: 01 1:3010-7 CITY OF FRESNO, COVENANTOR a Municipal Corporation Fresno Park Communities II, LLC., Public Works Department A California Limited Liability Company By: Aile I By: Michael T. Kirn P.E., Assistant Director Tim Spa e, naging Member APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: Deputy (Attach Notary Acknowledgment) STATE OF California COUNTY OF Fresno On December 11. 2006 before me, S. Anthony, notary public (Name of Notary Public) personally appeared Tim Spate 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 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. WITNESS my hand and official seal. S.ANTHGNY ONOIA 4144498 _ vo�er F»uc cnuf� r ,- b RE ao�ouNjy mf', Eqv 11 7" (Signature of Notaiy Public) (This area for notarial seal) (notary)(07-02) CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO) On February 1, 2007, before me, Elvia Sommerville, Deputy City Clerk. City of Fresno, personally appeared, Michael T. Kim, P.E.. 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 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. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK, CMC 0 ByJ Deputy w STATEMENT OF COVENANTS CFD Maintenance Tract No. 5614 P.W. No. 11062 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on JiNVll.1;m' A -;cp . -ZWCr1 , in the office of the Fresno County Recorder as Document No. ZoOL - CC- \ c2t of which the Deed of Trust in by and between: �,f�>j lb L-U- as Trustor, - t TU cei Fd C n\,C) , 'Tv1 L , as Trustee, and a o�-"05 W ✓Y1► I le r S r et, c 1-66 i L M 110-r , 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. 5614, Phase 2 of Vesting Tentative Map No. 5338/UGM. DATED: \l2 t3 BENEFICIARY Tho as W. Miller, Sr and Kelly L Miller H sban Wife s Joint Tenants By: &L' I'MIJI'L By. (Beneficiary to print/type Name,Title and attach Notary Acknowledgment) v STATE OF California COUNTY OF Fresno On December 13, 2006 before me, S. Anthony (Name of Notary Public) personally appeared Thomas W. Miller and Kelly L. Miller 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 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. WITNESS my hand and official seal. S.ANTNONY COMM.#1444988 "M 10TARYPUBLIC-CALIFORNIA FRESNO COUNTY em" Comm.Expires Oct.12,2007 (Signa ure of Notary Public) (This area for notarial seal) (notary)(07-02) STATEMENT OF COVENANTS CFD Maintenance Tract No. 5614 P.W. No. 11062 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on )CW Lidr W 2-c-ow , in the office of the Fresno County Recorder as Document No. Z Uyy — (36 L C 2 "kA of which the Deed of Trust in by and between: Vy�5 4)0 byvn wi a�j I �� , Ll—C, as Trustor, 173 tC-�� C CA1 'i�Z r �� i , �n C , as Trustee, andj�jOyyvn; W cvncl e11i �"4j, I2oi- 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. 5614, Phase 2 of Vesting Tentative Map No. 5338/UGM. DATED: lL_ LS - Z'ocxo BENEFI IARY Thoma W Sappington and Ofelia Sappi t n, Hu and d wife Join Tenants By: By: (Beneficiary to print/type Name, Title and attach Notary Acknowledgment) STATE OF California COUNTY OF Fresno On December 15, 2006 before me, S. Anthony (Name of Notary Public) personally appeared Thomas W. Sappington and Ofelia Sappington 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 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. WITNESS my hand and official seal. S.ANTHONY OlUA-zUis COMM.kk1444988NOTARYPUBLIC-CALIFORNW~L4A FRESNO COUNTY YMy Comm.Expires Oct.12,2007 (Signature of Notary Public) ��--ccc�sss......�� (This area for notarial seal) (notary)(07-02) STATEMENT OF COVENANTS CFD Maintenance Tract No. 5614 P.W. File No. 11062 Page it SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on January 30, 2006, in the office of the Fresno County Recorder, as Document No. 2006-0019287 of which the Deed of Trust in, by and between Fresno Park Communities II, LLC., a California Limited Liability Company, as Trustor, Estate Financial, Inc., a California corporation , as Trustee and See Attached Exhibit "Beneficiary Exhibit," 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. 5614, Phase 2 of Vesting Tentative Map No. 5338/UGM. DATED: January 28, 2007 STATEMENT OF COVENANTS CFD Maintenance Tract No. 5614 P.W. File No. 11062 Page Z BENEFICIARY EXHIBIT Estate Fi ial, c., California corporation. VV By: Joshua M. g , Vice resident (Beneficiary R co d January 30, 2006, Instrument 2006-0019287, Fresno County Paula Janette 'r , sig woman. . 4 By. Estate Finan a, inc., attorney in fact, by Joshua M. Yaguda, Vice President (Beneficiary;asr e M y 4, 2006, Instrument 2006-0095243, Fresno County Marla Marie ru ee ofthe Marla Marie Bassford Trust dated 03-08-95. rJ By: Estate FinanF*, 1tJscl�fforn6y in fact, by Joshua M. Yaguda, Vice President (Beneficiary) c rd d y , 2006, Instrument 2006-0095243, Fresno County Robert Hainsworth, a d vor d a . By: Estate Financial, Inc., it y in fall, by Joshua M. Yaguda, Vice President (Beneficiary) Recorded a 4, 20 6, Instrument 2006-0095243, Fresno County • STATEMENT OF COVENANTS CFD Maintenance Tract No. 5614 P.W. File No. 11062 Page 43 Jack D. nta u d Shirley M. Montague, Trustees of The Jack and Shirley Montagu st ed June 03, 2003. By: Estate Fin n ial In as a orney in fact, by Joshua M. Yaguda, Vice President (Beneficiary Re o d ay 4, 2006, Instrument 2006-0095243, Fresno County Pierre Largo n Emalyce Lahargou, Trustees of the Lahargou Family Trust dated. 7t By: Estate FiqRe I, In ., as a rney in fact, by Joshua M. Yaguda, Vice President (Beneficia de May 4, 2006, Instrument 2006-0095244, Fresno County Anderson, Satulo , acha Lhael endelsohn, CPA's Employees Retirement Plan and Trust for the B it f . Mendelsohn. J By: Estate Financial, lrjZ., asrney in fkt, by Joshua M. Yaguda, Vice President (Beneficiary) Record d a 4, 2006, Instrument 2006-0095244, Fresno County Craig S. Kushen, Tro-s-tee of t e Criag Kushen and Meredith Hughes-Kushen Commmunity prope Tr st t d ovember 5, 2001. By: Estate Financial, Inclas as tto a in fact, y Joshua M. Yaguda, Vice President (Beneficiary) Recorder ecorde Ma 4, 00 , Instrument 2006-0095244, Fresno County Joshua M. Yaguda, m t1ein ashis sole and separate property. d By: Estate Financial, Inc. a atto n y in fac , by Joshua M. Yaguda, Vice President (Beneficiary) Recorde Ju a 1, 0 6, Instrument 2006-0115092, Fresno County • STATEMENT OF COVENANTS CFD Maintenance Tract No. 5614 P.W. File No. 11062 Page 94 Gregory u married man as his sole and separate property. By: Estate Fina is c., as ttorney in fact, by Joshua M. Yaguda, Vice President (Beneficiary) e o d May 4, 2006, Instrument 2006-0095244, Fresno County Carl Marchett u t di n FBO Rodney Marchetti. By: Estate Financi , 14c., a a orney i fact, by Joshua M. Yaguda, Vice President (Beneficiary) Re ord d M 2006, Instrument 2006-0095245, Fresno County Terence Chase Honikma nd Jane Israel Honikman, Trustees of the Honikman 1992 Trust dat c b r 8, 1992. J By: Estate Financial, s Oorney4in fact, by Joshua M. Yaguda, Vice President (Beneficiary) Reco de M y , 2006, Instrument 2006-0095245, Fresno County California Na4 al n istdian FBO Frances C. Bellis, #CBF0350, IRA Rollover. J By: Estate Financial, c., as(akhorney in fact, by Joshua M. Yaguda, Vice President (Beneficiary) Recor ed a 4, 2006, Instrument 2006-0095245, Fresno County Dean Thompson r tee o th Thompson Revocable Family Trust. AD By. Estate Financial, I as a0kney in act, by Joshua M. Yaguda, Vice President (Beneficiary) Record lay , 2 06, Instrument 2006-0095245, Fresno County STATEMENT OF COVENANTS CFD Maintenance Tract No. 5614 P.W. File No. 11062 Page 6X Jaime C o F Lima Carmo, Husband and Wife as Joint Tenants. J By: Estate Fi an is, 1 ., as attorney in fact, by Joshua M. Yaguda, Vice President (Beneficia ) Re zl May 4, 2006, Instrument 2006-0095246, Fresno County The 19944�co es E. S o and Kathleen A. Scott Revocable Trust, James E. Scott and Kathleen ust es. By: Estate Finan , 1 ., as attor ey in fact, by Joshua M. Yaguda, Vice President (Beneficiary) c rd ay 4, 2006, Instrument 2006-0095246, Fresno County Jean Hit ustee of the Fairbairn Family Trust dated May 13, 1986. By: Estate Fin ial, ft.,—as att8rney in fact, by Joshua M. Yaguda, Vice President (Beneficiary Re or May 4, 2006, Instrument 2006-0095246, Fresno County 0 STATEMENT OF COVENANTS CFD Maintenance Tract No. 5614 P.W. File No. 11062 Page(oX Estate Financ' I, Inc., a Califis o ration as attorn 'n f t Dated �,.7i�' By:Joshua gua, Ice Presid t ("Bene ci ry' STATE OF CALIFORNIA 1 COUNTY OF G, ldy s <Z0 , /::;Fc-) S.S On before me, a Notary Public in and fo said County and State, person appeared .QC'-Ih\-ZA IAA �a,R)c%da - (or proved to me on the basis of satisfactory evidence) to be the personj5),whose namNs), is/dre,5ubscribed to the within instrument and acknowledged to me that he/'she tAey executed the same in his/heNtl` jr authorized capacityT*9 -and that by SHERRY DAVIS his/hef-4thte LsignatureN,on the instrument the persohW, or COMM.11463543 m y*My Notary Publle-Callfornla ythe entity upon behalf of which the personlsi-acted, ujSAN LUISOBISMCOUNTY executed the instrument. Comm.Exp.Jan 17,2008 WITNESS myhan n official seal. Signature (This area for official notarial seal) S 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. 5614, 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$515.00 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 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 Bullard Avenue within Final Tract Map No. 5614, as part of a larger area represented by Tentative Tract No. 5338. 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 10 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: