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Home My WebLink AboutT-3956 - Agreement/Covenant - 6/27/2006 (2) RECORDED A, RWUUT OF. 9p141345 M� ��``fj ��T .. ..MIN. PAST-• •M `f Nov 15 1990 —_ FRESNO couNTv.cnuFo Recq GALEN LARSON.County F PLEASE CONFORM, -------------------SPACE ABOVE ��3� --------------- GY DEPUTY kc P.W. File No. 8934 Devent Department UGM No. 353 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No. 3956 RECITALS WHEREAS, NEWCITY CORPORATION, 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. 3956, consisting of Ninety-Three (93) lots and two (2) outlots; 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 WHEREAS, all such instruments of Subordination, if any, are attached hereto and made a part of this instrument 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 r , Covenant/Tract No . 3956 UGM Park, Fire Station & Trunk Sewer Fees Page 2 the estimated amount of Fifty-Seven Thousand Seventy-Six and 77/100 Dollars ($57, 076 . 77) for the following : UGM Fire Station Fee Service Area No. 16 Zone District : R-1/UGM 19 . 66 Gross Ac @ $1, 242 . 00/Ac = $24 , 417 . 72 UGM Neighborhood Park Fee Service Area No. 4 Zone District : R-1/UGM 19 . 66 Gross Ac @ $1, 230 . 00/Ac = $24 , 181 . 80 UGM Trunk Sewer Fee Service Area : Cornelia Trunk Line Zone District : R-1/UGM 19 . 05 Gross Ac @ $445 . 00/Ac = $8, 477 . 25 Total Estimated Amount $57, 076 .77; 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 Covenant/Tract No. 3956 UGM Park, Fire Station & Trunk Sewer Fees Page 3 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 . 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 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. Covenant/Tract No . 3956 UGM Park, Fire Station & Trunk Sewer Fees Page 4 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 . 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 NEWCITY CORPORATION, a Municipal C o tion a California Corporation By Alvin Solis , Director By _ .1 � �• Development Department Don Pitarre, President APPROVED AS TO FORM: HARVEY WALLACE City Attorney By ` Deputy (Attach Notary Acknowledgement) LR:mv 8166D/680 T v' STATE OF CALIFORNIA ss. COUNTY OF FRESNO On this 6th day of August, in the year 1990, before me, Karrie L. Hirni, a Notary Public, State of California, duly licensed and sworn, personally appeared Donald S. Pitarre, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as President of NewCity Corporation or on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the city of Fresno, County of Fresno, on the date set forth above in the certificate. ; OFFICIAL SEAL KARPIE t 11IRN1 ?ty •I^ NOTARY PUBLIC - CALIFORNIA N .tary Public, State of California •o FRESNO COUNTY My c:mm. expires JAN 7, 1991 My commission expires January 7, 1991 z Covenant/Tract No . 3956 UGM Park, Fire Station & Trunk Sewer Fees Page 5 STATE OF CALIFORNIA ) ) ss . COUNTY OF FRESNO y� ) On t i /`X'L day of in the year before me , personally appe , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Director of the Development Department and acknowledged to me that the City of Fresno executed it . JACQUELINE L. RYLE, CMC Cit Clerk U By Deputy LR:mv 8166D/680 i., EXHIBIT "A" Tract No . 3956 The Subject Property referred to in these covenants is situated in the State of California, County of Fresno and is described as follows : The South half of the Northwest quarter of the Northwest quarter of Section 23 , Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the Official Plat thereof . Excepting therefrom that portion thereof described as follows : Beginning as a point on the West line of the South half of the Northwest quarter of the Northwest quarter of said Section 23 , distant thereon 357 . 23 feet North from the Southwest corner thereof; running thence North along said West line, 100 feet; thence South 890 44 ' East 217 . 8 feet; thence South 100 feet; thence North 890 44 ' West, 217 . 8 feet to the point of beginning . LR:mv 8233D/682 • 1 Tract No . 3956/UGM 353 P.W. File No. 8934 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on August 3 1990 , in the office of the Fresno County Recorder in Book N/A , Page N/A Document No . 90091847 of which the Deed of Trust in by and between NewCity Corporation, A California Corporation as Trustor, Commerce Securities Corporation as Trustee, and Bank of Fresno as Beneficiary, hereby, expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development - Temporary Drainage Facilities for Tract No. 3956 . DATED: August t 8 , 19�90_ Bunk o�f� Fresno Diane Decker, Secretary Notary Acknowledgement) By LR:mv Eve yn H iman, Vice Presi ent STATE OF CALIFORNIA On this.....8.t h........:day of..Aug.us t...................... .in the year FRESNO ..ss. x.9..9.0........................ ..,before me, COUNTY OF.......J. ....................... .....''' IVI...Ella i.no .Ye.t.t e..P...............a Notary Public,State of California, duly licensed and sworn,personally appeared..Evel.yn..11o.1.1 irnan.,.V.i.ce Pres i,den.t. A.Ai.a.nR..De.c,ker,...Secre,tary............... . personally known to me(or proved to me on the basis of satisfactory evidence) i- OF�IGW_ to be the person who executed the within instrument as..see.,q¢O ve, N ELAINE VETTER Notary Pubic-cal lore a or on behalf of the corporation therein named and acknowledged to me that o. FRESNO COUNTY such corporation executed the within instrument pursuant to its by-laws or a ,.,. sty romm Exo.Nov 8 199' resolution of its board of directors. IN WITNESS WHEREOF I have hereunto set my hand and affixed my.ofTcial seal in the.... .F►'e S n q.............County of....t.h e..S t a.t e,. Tlv$docirmerm is only ageneral form wtmdt may 6e proper for um,n ample of.ca i�i.(o r a i A... on the date se forth above in this certificate: transrKtions and M no way acts.or is mooMse b all.u m a substitute lor e - s xe c an altom"The primer does not masa 80Y warranty either s,press a implied as tome �- t� legal vatreey of any provision Or tM sueabitmy d these loris in any spWii:bansaeton Notary Public, State of California Cowdery's Form No. 28— Acknowledgement to Notary Puhlic— 11 -8-91 Corporation (C. C. Secs. 1190.1190.1)—(Rev. 1/83) My commission expires