HomeMy WebLinkAboutT-3994 - Agreement/Covenant - 6/22/2006 (2) 90093769 RECORDED AT REQUEST Of
rr� CENTRAL TITLE COMPANY.
A .. .......MIN. PAST... ...M
AUG 0 81990
FRESNO COUNT: .:ALIFORNIA
�1.E�5E CONFORMbr GALEN LARSGN,County Recorder
E
-------------------SPACE ABOVE FWD $YI tdR ---------------
P.W. File No. 8773 Develop ent Department
UGM No. 319 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES
AND CREATION OF LIEN
Tract No. 3994
"Silversprings Estates"
RECITALS
WHEREAS, FOAM, LTD. , a General Partnership and THOMAS R. BUTLER
and CAROLE A. BUTLER, husband and wife, as Community Property,
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. 3994 ,
consisting of Two Hundred Eleven (211) lots and one (1) outlot; 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
Covenant/T-3994
UGM Park, Fire Station & Trunk Sewer Fees
Page 2
the estimated amount of One Hundred Five Thousand Eight Hundred
Seventy-Six and 04/100 Dollars ($105, 876 .04) for the following:
UGM Fire Station Fee
Service Area No. 14
Zone District : R-1-C/UGM
80 . 76 Gross Ac @ $400 .00/Ac - $32 ,304 .00
UGM Neighborhood Park Fee
Service Area No. 5
Zone District : R-1-C/UGM
80 . 76 Gross Ac @ $746 . 00/Ac = $60, 246 . 96
UGM Trunk Sewer Fee
Service Area : Grantland Trunk Line
Zone District: R-1-C/UGM
37 .43 Gross Ac @ $356 . 00/Ac - $13, 325 . 08
Total Estimated Amount $105, 876 .04; 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
Covenant/T-3994
UGM Park, Fire Station & Trunk Sewer Fees
Page 3
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.
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/T-3994
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 .
Covenant/T-3994
UGM Park, Fire Station & Trunk Sewer Fees
Page 5
DATED:
Accepted by: COVENANTOR
CITY OF FRESNO FOAM, LTD. ,
a Muni ipal Corporat 'o a General Partnership
By
Alvin P. Solis Director By:
Development partment Mi a 1 T ason, Partner
By:
APPROVED AS TO FORM: P t ortu , Partner
HARVEY WALLACE
City Attorney By:
on C. Thomason, Partner
By L&X:-hl .
Depu THOMAS R. BUTLER and CAROLE A.
BUTLER Husband and Wife
as Community Property
Thomas R. Butler
Carole A. Butler
(Attach Notary Acknowledgement)
STATE OF CALIFORNIA On this.........31st ,,day of......... y........,in the year......... 199.0.
ss before me......Jacqueline M. Austin...............allotary Public,State of
Fresno
..... ................
COUNTY OF..............I.............. liforn dul licensed and sworn personally appeared............................
CM dor une, Jon G . Thomason & Michael,.Th.gms.o.r1.,
OFFICIAL SEAL personally known to me(or proved to me on the basis of satisfactory evidence)to be the person
Jacmueline M. Austin that executed this instrument,on behalf of the partnership and acknowledged to me that the
NOTARY RINC PAL OFFICEINNN
FRESNO COUNTY Partnership executed it.
16 MyCwwNssim Exp.Mar.14,1994 IN WIT ESS WHEREOF I have hereunto set my hand and affixed my official
seal,inthe.�tate oI Calif Countyof......... Fre.sno......onthedateset
forth above in this certificate.
The dxvnenl is orey a gataral lam which may be proper for use in am"trmi actions and.n no way
ads,or is nlMtlad to W.as a substitute for the advice of an attorney.The
printer does not masa any
warraray,either aspen or enPlied.AS to the"M validly of any prwiwn a the s,dab,aty of meas lams
in any apecdtc transaction Notary-Public,State of California.
Cowdery's Form No.29—Acknowledgment to Notary Public March 14 1994
—Partnership—(C.C. Sec. 1190A.)—(Rev. 1/83) My commission expires
Covenant/T-3994
UGM Park, Fire Station & Trunk Sewer Fees
Page 6
STATE OF CALIFORNIA )
) ss.
COUNTY OF FRESNO )
On this 25th day of July in the year 1990
before me Cindy Hamby , personally
appeared Hubert St. John , 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
City Clerk
By �''d
Deputy
LR:mv
7275D/662
STATE OF CALIFORNIA On this.......18th day of..... June 19 9 0
...,in the year....................
as. ........................................ before me,
....................
COUNTY OF........reSnO Jac ueline M. Austin a Notary Public,State of California,
y.....�.......................
dul commissioned and sworn,personally appeared...................................
.........................
....T. oma,s.,R.. Butler..and..Ca.role A. Bu.tler...........
personally known to me (or proved to me on the basis of satisfactory evidence) to be
OFFICIAL SEAL the person.S..whose name. S........... 3 L e
Jaqueline M. Austin subscribed to this instrument,and acknowledged that. . .t heY. . .executed it.
N07 Y IPALI FFICE I RNIA IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal
PRINCIPAL OFFICE IN
FRESNO COUNTY in the......., S t a t e,. O f C 3l i f o r n l a County of
MY Camnissim Exp.Mar.14,1994
..........I...F Y.e,S n O......................................on the date set forth above
in this certificate.
T1"donwwo 4 o*■pwwrr roma wand nmy bs prow or ur n M Of traroaMm wrE in no
wAy ru,Or 4 dW b 80•••«+befift a n»Wow on w"'".eaw Owe"or M wwnvy.TM P1.40
doer,not
" Notary*1ic,State Of California
'" "isO M b ft 49r validly d"Pm.On or ft
w d0bft d m.»kX maw� Vwu.cwn My commission expires March 14 , 1994
Cowdery's Form No.32—Acknowledgement to Notary Public—Individuals—(C.C.Sec. 1189)—(Rev. 1/83)
EXHIBIT A
Tract No . 3994
"Silversprings Estates"
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 South half of the West half of the
Southeast Quarter of Section 34 , Township 12 South, Range
19 East, Mount Diablo Base and Meridian, in the City of
Fresno, County of Fresno, State of California, according
to the Official Plat thereof .
Excepting therefrom that portion conveyed to the County of
Fresno by deed recorded March 30, 1982, in Book 7882 , Page
731 of Official Records .
Described as follows :
Beginning at the Southwest corner of the
Southeast quarter of said Section 34 ; thence
North 890 34 ' 24" East along the South boundary
of said Southeast quarter 895 . 20 feet to the
Northwest corner of Section 2, Township 13
South, Range 19 East, Mount Diablo Base and
Meridian, thence North 890 49 ' 58" East along
the said South Boundary, 50 . 00 feet; thence
North 00 25 ' 36" West, 30 . 00 feet; thence North
450 17 ' 49" West, 28 .35 feet; thence North
00 25 ' 36" West, 111. 14 feet; thence South
89' 34 ' 24" West, 78 .00 feet; thence South
780 10 ' 11" West 342 .46 feet; thence Westerly
along an arc concave to the North (having a 300
foot radius, a radius point which bears North
110 49 ' 49" West and a central angle of
110 58 ' 36") a distance of 62 . 71 feet; thence
North 890 51' 13" West, 451.34 feet to the West
boundary of said Southeast quarter; thence South
10 45 ' 01" East along said West Boundary, 91. 92
feet to the Point of Beginning .
Together with the North half of the South Half of the
West Half of the Southeast quarter of Section 34 ,
Township 12 South, Range 19 East, Mount Diablo Base
and Meridian, in the City of Fresno, County of
Fresno, State of California, according to the
Official Plat thereof .
Exhibit "A"
Tract No . 3994
"Silversprings Estates '
Page 2
Together with the South half of the North half of the West
half of the Southeast quarter of Section 34 , Township 12
South, Range 19 East, Mount Diablo Base and Meridian, in
the City of Fresno, County of Fresno, State of California,
according to the Official Plat thereof .
Together with the North half of the North half of the West
half of the Southeast quarter of Section 34 , Township 12
South, Range 19 East, Mount Diablo Base and Meridian, in
the City of Fresno, County of Fresno, State of California,
according to the Official Plat thereof .
Together with that portion of Section 34 , Township 12
South, Range 19 East Mount Diablo Base and Meridian
described as follows :
Commencing at the Northwest corner of Section 2 ,
Township 13 South, Range 19 East, Mount Diablo
Base and Meridian; thence North 890 55 ' 49"
East, along the South line of said Section 34 , a
distance of 50 . 00 feet to the Southeast corner
of that certain parcel of land conveyed to the
County of Fresno by deed recorded March 30 ,
1982 , in Book 7882 , Page 733, Official Records
of Fresno County; thence Northerly along the
Easterly limits of said parcel of land the
following three (3) courses : ( 1) North
000 20 ' 29" West, a distance of 30 . 00 feet;
thence (2) North 450 12 ' 26" West, a distance of
28 . 35; thence (3) North 000 20 ' 29" West, a
distance of 36 . 00 feet to a point on the North
line of the South 86 . 00 feet of said Section 34
and the TRUE POINT OF BEGINNING; thence South
890 55 ' 49" West, along said North line, a
distance of 29 . 79 feet; thence continuing along
said North line of the South 86 . 00 feet of said
Section 34, South 890 39 ' 31" West, a distance
of 447 . 80 feet to the beginning of a 2, 000 . 00
foot radius curve concave to the North; thence
Westerly 97 . 54 feet along said curve through a
central angle of 020 47 ' 40" to the intersection
with the North line of aforementioned parcel of
land conveyed to the County of Fresno; thence
Easterly along said North line the following
four (4) courses : ( 1) South 890 46 ' 06" East, a
distance of 99 . 09 feet to the beginning of a
300 . 00 foot radius curve concave to the North;
r
Exhibit "A"
Tract No. 3994
"Silversprings Estates '
Page 3
thence (2) Easterly 62 . 71 feet along said curve
through a central angle of 110 58 ' 36" ; thence
(3) North 780 15 ' 18" East, a distance of 342 .46
feet; thence (4) North 890 39 ' 31" East, a
distance of 78 . 00 feet to the Northeast corner
of said parcel of land conveyed to the County of
Fresno; thence South 000 20 ' 29" East, along the
East line of said parcel of land, a distance of
75 . 15 feet to the TRUE POINT OF BEGINNING.
LR:mv
7276D/662
.t
Tract No . No . 3994/UGM 319
"Silversprings Estates"
P.W. File No . 8773
SUBORDINATION
The undersigned as holder of the beneficial interest in and under
that certain Deed of Trust recorded on November 17 19 88 ,
in the office of the Fresno County Recorder in Book
Page Document No. 88129311 of which the
Deed of Trust in by and between Thomas R. Butler and Carole A. Butler
as Trustor, Union Bank, a California Corporation , as Trustee,
and Uninn Rank, a California Corporation , as Beneficiary, hereby
expressly subordinates said Deed of Trust and its beneficial interest
thereto to the foregoing Statement of Covenants for UGM Park, Fire
Station and Trunk Sewer Fees and Creation of Lien.
DATED: Jute 19 go
Union Bank,
rnia corporati
D.R. Reinhardt, Vice President-
STATE OF CALIFORNIA G. Renner, Regional Vice President
t COUNTY OF Fresno SS.
On this 14th day of June in the year (Attach Notary Acknowledgement)
i n 1990 , before me, the undersigned, a Notary Public in
and for said County and State, personally appeared
D.R. Reinhardt personally known -
i to me(or proved to me on the basis of satisfactory evidence) to be the
d Vice President,and
62 G. Renner
OFFICI"L SEAL
m t personally known to me (or proved to me on the basis of satisfactory MARIA R. LANG
� O evidence) to be Regional Vice P P.,_idPnt FQMY
NOTARYPUBLIC-CALIFORNIA
j ¢ �gipr of the corporation that executed the within Instrument, and 1. NOTARY DOND FILED IN
¢ u acknowledged to me that such corporation executed the within instru- FRESNO COUNTY
ment pursuant to its by-laws or a resolution of its board of directors. Commission Explrat My I,1982
W
V
• Signature
o
• Mara R. Lang
h
Name (Typed or Printed)
Notary Public in and for said County and State