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HomeMy WebLinkAboutT-3928 - Agreement/Covenant - 6/26/2006 (2) RECORDED AT REQUEST OR PLEASE CONFORMZ4i' 1X/ART Co ' -' 88140125 �--�-C ...MIN. PAST. .M D E c 161988 FRESNO COUNTY,CALIFORNIA GALEN LARSON,County Recorder • PEE ©Y DEPUTY RECORDER S -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P.W. File No. 8558 Development Department UGM No. 294 City of Fresno " STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No. 3928 Trend Hames No. 16 RECITALS WHEREAS, Trend Homes, Inc. , a California Corporation, hereinafter referred to as "the Covenantor, " is the owner of that certain real property in the City of Fresno, County of Fresno, State of California, hereinafter referred to as "the Subject Property" and more particularly described in attached Exhibit "A" , said property being further subdivided by the final map of Tract No. 3928, consisting of Seventy One (71) lots ; and WHEREAS, the Subject Property is subject to UGM Park, Fire Station and Trunk Sewer fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno Municipal Code and Resolution No. 83-40 in the estimated amount of Thirty Eight-Thousand Two Hundred Seventy and 94/100 Dollars ($38, 270 . 94 ) for the following: UGM Fire Station Fee Service Area No. 16 Zone District : R-1/UGM 14 . 52 Gross Ac @ $1, 242 . 00/Ac = $18, 033 . 84 UGM Neighborhood Park Fee Service Area No. 4 Zone District: R-1/UGM 14 . 52 Gross Ac @ $980. 00/Ac = $14 , 229 . 60 UGM Trunk Sewer Fee Service Area : Cornelia Trunk Line Zone District : R-1/UGM 13 . 50 Gross Ac @ $445 .00/Ac = $6 , 007 . 50 Total Estimated Amount $38 , 270. 94 ; and WHEREAS, Covenantor desires to have a Final Tract Map subdividing the Subject Property approved by the City of Fresno; and WHEREAS. Covenantor desires to defer payment of the UGM Park, Fire Station, and Trunk Sewer fees until such time that the issuance of building permits is requested by the Covenantor or his successors and assigns for such construction. COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of , the Covenantor ' s Final Tract Map upon the Subject Property, as referred to hereinabove, Covenantor hereby covenants as follows: 1. All UGM Park, Fire Station and Trunk Sewer fees --- --attributable to development of Subject Property shall be paid prior to the issuance by the City of Building Permits for structures to be built upon the Subject Property. Such fees may be paid for individual parcels, if applicable. 2 . The UGM fees due shall be calculated by the City at the time of their payment, and shall be those amounts most recently established by the Council . 3 . Covenantor hereby waives any and all rights he may have pursuant to Government Code Section 65961 . -2- Each of the covenants, conditions, and restrictions contained in this Statement shall run with the Subject Property and shall be binding upon each successive owner of the Subject Property, his heirs , representatives, successors and assignees . The Covenantor hereby creates a lien upon the Subject Property to guarantee the performance of the obligations of the Covenantor contained in this Statement . The conditions of this Statement are intended to benefit the M public and public properties . Accordingly, the City of Fresno shall have the right to enforce this Statement by any legal or equitable means . All obligations of the Covenantor in this Statement shall inure solely to the benefit of the City of Fresno . There are no third party beneficiaries of said obligations nor shall the right of the City of Fresno be transferrable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. The conditions and obligations of this Statement shall remain in full force and effect until such time as the Director of the Development Department of the City of Fresno issues a written release of such conditions and obligations . 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 provisions hereof . -3- a 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. DATED: Accepted by: COVENANTOR CITY OF FRESNO TREND HOMES, INC. , a Municipal Corporation a California Corporation By —T George A. Kerber, Director j Development Department APPROVED AS TO FORM: �� ✓� HARVEY WALLACE - City AttornRy Deputy (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On th' s d ay of _ in the year / 759 , before me personnally appeared— personally known to me (or proved tom(Don tle basis of satisfactory evidence) to be the person who executed this instrument as ""J Director of the Development Department and acknowledged to me that the City- of Fresno executed it. v JACQUELINE L. RYLE, CMC CiClerk J BY Deputy LR:mv 3591d/342 -4- t 1 1 CORPORATE ACKNOWLEDGMENT No.202 State of California On this the13th day of October 19 88 ,before me, SS. County of Fresno WENDY KAY CHIODINI the undersigned Notary Public,personally appeared Robert A.' McCaffrey and John A. Bonadelle X personally known to me , ❑ proved to me on the basis of satisfactory evidence to be the person(s)who executed the within�*nstr trJ1t as ZnC. =OnOTARY L SEAL President/Vice Presiden$r on behalf 0 t eHco corporation therein CHIODINInamed,and acknowledged to me that the corporation executed it. -CALIFORNIA WITN SAS my hand and offi 'a seal. OUM es OCT 5, 1990 otary's Si re 122 NATIONAL NOTARY ASSOCIATION•8236 Rertmet Are.•P.O.Boz 7184•Canoga Park.CA.91304.7184 1 :ir: : .... - ::ij:�::�=•iii::;:;�:::i:�:'::'i�:t :�hti4�•..r.:..� i I 1 :. :::.: :;:R.•. {1 .. l f.. ......... "f' :71..............• j! V _ .... ...................................... ................ :.. ..........................' ..... '.1. ::•:a 7r:: 4 �:: `` :1:::: 1 ......................................................: . I ....................................................................................................................................................................... ............. .................................................. . •.:... ... .... ............................................. .... .. ..... T r EXHIBIT 'A' The subject property referred to in this Statement of Covenants is situated in the State of California , County of Fresno, and is described as follows: The South half of the Southeast Quarter of the Northeast Quarter of Section 26 , Township 13 South, Range 19 East , Mount Diablo Base and Meridian. Excepting therefrom that portion of said South half described as follows: Beginning at the Southeast corner of said South half ; thence South 89' 51 ' 18" West, along the South line of said South half , a distance of 585 . 58 feet; thence North 0' 08 ' 32" West, a distance of 406 . 39 feet; thence North 89' 51 ' 28" East, a distance of 586 . 94 feet to the East line of said South half; thence South 0' 03 ' 00" West, along the East line of said South half, a distance of 406 . 36 feet. LR:mv 3594d/342 r r V