HomeMy WebLinkAboutT-5966 - Agreement/Covenant - 9/27/2010 (2) WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
@91221201 @,2@ 100124312
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. 5966, PHASE 1 OF VESTING
TENTATIVE MAP NO. 5966/UGM
STATEMENT OF COVENANTS
CFD-11 Maintenance
Tract No. 5966
Page 2
RECITALS
WHEREAS, BN Hudson Ranch 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 106, inclusive, and Outlots A and B of the Final Map of Tract
No. 5966, Phase I of Vesting tentative Map No. 5966/UGM, according to the
map thereof recorded on Sip }cnaW o2,2, 2010 in Volume RI of
Plats at Page(s) ung + T) 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. 13000 of the Fresno City Planning Commission conditionally
approved Vesting Tentative Map No. 5966, 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 of Fresno's ("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 into the City's
Community Facilities District No., 11.
STATEMENT OF COVENANTS
CFD-11 Maintenance
Tract No. 5966
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 reasonable attorneys fees, costs
and litigation expenses.
STATEMENT OF COVENANTS
CFD-11 Maintenance
Tract No.5966
Page 4
DATED: ."`'E 7-611de 6� Z010
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
BN Hudson Ranch L.P.,
Public Works Department a California Limited Partnership.
Patrick Wiemiller, Director
By: Bonadelle Homes, Inc.,
a California Corporation
as the sole General Partner
By:
Scott Mozier, P.E., Assists Director
By:.- Zc'/�-\ :t�
n A. Bonadelle, President
APPROVED AS TO FORM:
JAMES C. SANCHEZ
CityAttorney
(Attach Notary Acknowledgment)
By:
C ffin
puty ity torney
Date:
STATE OF CALIFORNIA,
COUNTY OF Fresno
On A gL st 31, 2010 , before me, Army M. Rerma ,
a Notary Public, personally appeared
Jolt A. Belle
who proved to me on the basis of satisfactory evidence to be the person whose name(
is/t&e subscribed to the within instrument and acknowledged to me that he/94t�
executed the same in his/hofAhe}r authorized capacity(ie4), and that by his/he-'r*tei -
signature(g) on the instrument the person(a), or the entity upon behalf of which the
personV 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.
(Notary seal or stamp)
WITNESS my hand and official seal.
Signature ANNA M. RENNA b
COMM. #1759837
m NOTARY PUBLIC-CALIFORNIA
• FRESNO COUNTY
FOR° My Comm.Expires Aug.30,2C 11
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On September 16, 2010 before me, Sherrie L. Badertscher, Deputy City Clerk, personally
appeared, Scott Mozier, PE, 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
4`ty OF fRft
By � b:
Deputy
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on Mays,2010 , in the office of the Fresno County Recorder
as Document No. 2010-0056413 of which the Deed of Trust in by and between:
BN HUDSON RANCH L.P.,A CALIFORNIA LIMITED PARTNERSHIP as Trustor,
FIRST AMERICAN TITLE INSURANCE COMPANY as Trustee,
and HOUSING CAPITAL COMPANY,A MINNESOTA PARTNERSHIP 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. 5966, Phase 1 of Vesting Tentative Map No.
5966/UGM.
DATED: August 17,2010
BENEFICIARY
By:
Jas Subia
Vice resident
Housing Capital Company
By:
(Beneficiary to print/type Name,Title and
attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ✓�
On before me, ?�� Ne- . fo"Uvc�
Date Here Insert Name and Title of the Office
personally appeared
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(&) whose name(s) is/aye subscribed to the
within instrument and acknowledged to me that
he/s4l&AW executed the same in his/I eir authorized
capacity(4es), and that by his/Keir signature(a) on the
rA RHONDA HAROLD instrument the person(&), or the entity upon behalf of
Comrnision 0 1701479 which the person(.&) acted, executed the instrument.
< Notary Public -California
Frond County
UT
*CIMMOON0d22,2D10 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 _IM
WN_
El 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-w wv.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
EXHIBIT "A"
Covenanter'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. 5966, Lot No.: I 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$ 595.00 during the 10-11 tax year(valid through June 30, 2011.) 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 hardscaping located within Outlot A and B, at the entrances of Whitney and
Pinehurst and along the frontages adjacent to Chestnut and International Aves. within and adjacent to Final Tract
Map No. 5966. Maintenance of all interior curbs and gutters, valley gutters, sidewalks, street light, street signage
and street trees along Whitney, Turnberry, Recreation, Oakmont, Pinehurst, Dearing, Bonadelle and Prestwick
Avenues within Final Tract Map No. 5966.
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 40 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: