HomeMy WebLinkAboutT-5710 - Agreement/Covenant - 12/24/2008 (3) WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street 122412@08,200a011507
Fresno, CA 93721-3603
NO FEE - Government Code 6103
CITY OF FRESNO
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STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS
FOR THE FINAL MAP OF TRACT NO. 5710
STATEMENT OF COVENANTS
CFD Maintenance
Tract No. 5710
Page 2
RECITALS
WHEREAS, THE COALITION FOR URBAN RENEWAL EXCELLENCE, a California
Non-Profit Organization and GRANVILLE HOMES, 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 46, inclusive, of Tract No. 5710 according to the map thereof
recorded on )Z�fC. �H , 2002? in Volume 8/ of
Plats at Page(s) I t Z , 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. 12647 of the Fresno City Planning Commission conditionally
approved the Vesting Tentative Map of Tract No. 5710/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. 5710
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 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. 5710
Page 4
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. 5710
Page 5
DATED: tee�o (13 Ee le , 2_C!)08
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
THE COALITION FOR URBAN RENEWAL
Public Works Department EXCELLENCE,
Patrick Wiemiller, Director A California Non-Profit Organization
By: By:
Scott Mozier P.E., Assistant dYirector Nathan Magsig, Execute or
APPROVED AS TO FORM: GRANVILLE HOMES, INC.,
A California Corporation
JAMES C. SANCHEZ
City Attorney
By:
Darius Assemi, Vice President
By:
0. ;q
SQe�a1 Coil
Date:
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of r'PZFs/_.)d
On /1/UgeqDg before me, T,"- /k7/7445 / (, lVe7 � Y
Date Here Insert Name and Title of the Officer
personally appeared x,47wl�-xJ Inlq65 X67
Name(s)of Signer(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/she/they executed the same in his/her/their authorized
TIFFANIE A.MARSHALL capacity(ies), and that by his/her/their signature(s) on the
COMM.01764916 -11 instrument the person(s), or the entity upon behalf of
NOTARY FU&IC-MORM a which the person(s) acted, executed the instrument.
FRESNO COUNT1t
�bCm=ExpkesAvg 3Lp11 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.
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 ❑ Attorney in Fact •
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator C Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6627
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fre5PI //�1
On A cgui b- 25,20DY before me, C_,(1147 rg C • _i5Ve-2-, lV CU.y`N
Date Here In rt Nam6 and Title of the Offic
personally appeared a-d 4—,5 e1�*
Name(s)of Signer(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/she/they executed the same in his/her/their authorized
db -A6 capacity(ies), and that by his/her/their signature(s) on the
CRIS11ty1G�L�OPEZ instrument the person(s), or the entity upon behalf of
Commission# Z which the person(s) acted, executed the instrument.
Z _� No Public-California ,
Z ' ,: r Fresno County
My Comm.Expires Feb 12,2009 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/ �,5L 1!1
Place Notary Seal Above Signat6re 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 ❑Attorney in Fact •
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
@2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#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 on MOV /5, "?V()6 , in the office of the Fresno County Recorder
as Document No. Q�)- i0q 5aD of which the Deed of Trust in by and
between:
nodk: Iota _ Cf �� + 1r (?i ®0 as Trustor,
1'-�- -f (l �?l 1 i . C� .1 ( C' C i " �;� , as`Tul;ee,
an Cgy- 1 P J.n it?0 i�— C4 Il M 6(as keneficiary,
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. 5710.
DATED: - 2 Zoog
BENEFICIARY
By:
k k fhw. 14c� '5/ , Utr ve po r�e tU l'
1721- Cal r�X)VW a 10YIP 4 'Q 1
By:
(Beneficiary to print/type Name,Title and
attach Notary Acknowledgment)
r/R,XT A/h6t'6P/ 7/ A GSo C(F6!tNIA C,�1RPvM'fioi)( PER t)o6. W. zaO F-01.3 6,y"l7
REe-oftQC0 sEf-)zC-maEli 24y, Z004; Is A(oty .-P'1= TRosrcE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ����tid
On ;D!e before me, o771AW
Date Here Insert Name and Title of the Officer
personally appeared X,,�W774/14-) Inlq65 X67
Name(s)of Signer(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/she/they executed the same in his/her/their authorized
TIFFANIE A.MARSHALL capacity(ies), and that by his/her/their signature(s) on the
COMM.#1764916 instrument the person(s), or the entity upon behalf of
IVOTARYPUBUC' 4FCRO which the person(s) acted, executed the instrument.
FRESNO*Corms E�tres Auger.31.2031
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.
Signature eay/ilc�[ioGI�Q
Place Notary Seal Above 0V tl 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 • ❑ Attorney in Fact •
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On December 18, 20081 before me, Elvia Sommerville, Deputy City Clerk, City of Fresno,
personally appeared, Scott Mozier, PE, 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/shelthey 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.
l 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
6 a
B
Deputy
b Q
y
A TEDpGS
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 5710, 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$418.00 during the 08-09 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, landscape easements, and features
within and adjacent to Tract 5710 located along N. Blythe Ave. between W. Dakota and W. Ashlan 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 35 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: