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Home My WebLink AboutT-4012 - Agreement/Covenant - 6/29/2006 (2) 92122372AT` MIN PAST M OCT 01 1991 Fa ..vow i V.%,AUFORNIA WILLIAM C.GREENWOOD,County Recorder --P! EAS-E CO dFOR�Ji �pIY pq ' ---------------ABOVE SPACE FOR REC8nagwoo $ P.W. File No. 8736 Development epartment UGM No . 408 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION, PARK AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No . 4012 • A Planned Development RECITALS WHEREAS, FLOYD WALKER, Inc. , a California Corporation and FLOYD and ELSIE WALKER, 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 . 4012 , consisting of Twenty-Eight (28) lots; 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 Fire Station and Park and Trunk Sewer fees pursuant to Sections 12-4 . 508 and 12-4 . 509 Statement of Covenants UGM Fire Station, Park and Trunk Sewer Fees And Creation of Lien Page 2 of the Fresno Municipal Code and Resolution No . 83-40 in the estimated amount of Eighteen Thousand Thirty-Five and 45/100 Dollars ($18, 035 .45) for the following: UGM Fii[e Station Fee Service Area No . 16 Zone District: R-1/UGM 6 . 25 Gross Ac @ $1, 242 . 00/Ac - $7, 762 . 50 UGM Neighborhood Park Fee Service Area No. 4 Zor}e District : R-1/UGM 6 . 25 Gross Ac @ $1, 230 . 00/Ac = $7, 687 . 50 UGM Trunk Sewer Fee Service Area : Cornelia Trunk Line Zone District : R-1/UGM 5 . 81 Gross Ac @ $445 . 00/Ac $2 , 585 .45 Total Estimated Amount $18, 035 .45 ; 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 Fire Station and Park 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 : Statement of Covenants UGM Fire Station, Park and Trunk Sewer Fees And Creation of Lien Page 3 1 . All UGM Fire Station and Park 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. 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 transferable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. Statement of Covenants UGM Fire Station, Park and Trunk Sewer Fees And Creation of Lien 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: ,.�/ ��ll�..G�t L7 /99l CITY OF FRESNO, COVENANTOR a Municipal Corporation FLOYD WALKER, INC. , a By California Corporation vin P. Solis, erector Development Dep 7-tment '�;;; "onda er, President APPROVED AS TO FORM: HARVEY WALLACE FLOYD and ELSIE WALKER, City Attorney Husband and Wife, as Community Property By Deputy 1�11 Aalker �Z&. ') "14 �� Elsie Walker (Attach Notary Acknowledgments) ` SIAILu1 L A I-II + SS. 1 COUNTY OF FrPsna On this 7-1rd day of Allrnlst 101n the year CL C 1 qAl before me, the undersigned. a Notary Public in w and for satd (luuuy .ntd State, pclsonally appeared RHONDA WALKER personally known > to me (or proved to me on the basis of satisfactory evidence) to be the Z President, and � O Wi personally known u, me for proved to me on the basis of satisfactory �,\ rg �°� �� [�L- -4 �"LLER o w he0. ¢ f the corporation that executed the within Instrument, and PAo acknowledged uI me that such corporation executed the within instru- v.;t ata merit pursu: 1 to Its ny-laws ora resolution of its,board of directors. = , (ar:;r, F:ol U t' 2 Signa re V CL PATTI WASEMILLER N Name (Typed or Printed) Notary Public in and for said County and Stale CT-7t (This arca for official notarial scall STA FE OF CALIFORNIA COUNTY OF Fresno 1 ss. ?' On this 23rd day ofAuguSt, in the vear CL U) 1991 before me, the undersigned, a Notary Public in " and for said County and State, personaliv appeared F'DYD WALKER AND _F.TsTF. WALKER0. iy• �a:'-i _ .tom 2 -j personally known to me (or proved to me on the basis of satisfactory v > evidence) to be the person whose name ARE subscribed to the within instrument and �- acknowlydg�-d- *j1 THEY J = --_ executed the < s same. Lu Lu l v Signal — - ` -L^nl m t,— PATTI WASEMILLER n w Name (Typed or Printed) Notary Public in and for said County and State CT-70 FOR NOTARY SEAL OR STAMP ,r. `W Statement of Covenants UGM Fire Station, Park and Trunk Sewer Fees And Creation of Lien Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On this 2'ym day of in the year /99/ before me Ccmdc a. m , personally appeared cL�e v personally known to me (or proved to me on tbtYhasis of satisfactory evidence) to be the person who executed this instrument as LI�a�Jut�n t Director of the Development Department and acknowledged to me that the City of Fresno executed it . JACQUELINE L. RYLE City Clerk By Deputy LR: jld LAND163/+2599 GL2 L27 1 Tract No . 4012/UGM 408 P.W. File No . 8736 EXHIBIT "A" The Subject Property referred to in these covenants is situated in the State of California, County of Fresno, and is described as follows: BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF LOT 7 OF VICTORIA COLONY, IN THE CITY OF FRESNO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN VOLUME 4 , PAGE 61 OF PLATS, FRESNO COUNTY RECORDS; THENCE NORTH 890 44 ' EAST A DISTANCE OF 310 . 55 FEET, A LITTLE MORE OR LESS, TO A POINT ON THE NORTH LINE OF SAID LOT 7; THENCE SOUTH 00 16 ' EAST, A DISTANCE OF 773 . 34 FEET, A LITTLE MORE OR LESS TO A POINT; THENCE SOUTH 660 18 ' WEST, A DISTANCE OF 342 . 65 FEET, A LITTLE MORE OR LESS TO A POINT ON THE WEST LINE OF THE EAST HALF OF SAID LOT 7; THENCE NORTH 00 01 ' 30" WEST, ALONG THE WEST LINE OF THE EAST HALF OF SAID LOT 7, A DISTANCE OF 909 . 64 FEET, A LITTLE MORE OR LESS TO THE POINT OF BEGINNING. LR: jld LAND163/+2599 Tract No. 4012 P.W. File No. 8736 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on February 25 19 , in the office of the Fresno County Recorder in Book Page Document No . 88020960 of which the Deed of Trust in by and between FLOYD WALKER AND ELSIE WALKER as Trustor, CENTRAL TITLE COMPANY as Trustee, and FLOYD WALKER, INC. as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Covenants - for UGM Fire Station, Park and Trunk Sewer Fees and Creation of Lien for Tract No . 4012 , a Planned Development . DATED: 19 !2z' (See Exhibit "A" for signatures attached hereto and made a part hereof) (Attach Notary Acknowledgement) LR: jld LAND163/+2592 r Floyd Walker, Inc. , A California Corporation as to an undivided k interest onda Walker President onda Walker -a�� Secretary "BENEFICIARY" Floyd Walker and Elsie Walker, Husband and Wife, as Community Property, as to an undivided interest by: Loyd Walker by: Elsie Walker "TRUSTOR z STA FE OF CALIFORNIA COUNTY OF Fresno SS. d On CL this 6th day of— SMtelllber, in the year - y a. 1991 before me, the undersigned, a Notary Public in and for said County and State, persona;iv appeared FLOYD WALKER AND ET,_gT . WALKER i • c _j personally known to me (or proved to me on the basis of satisfactory i -2 evidence) to be the person — whose name � 4fi,ASE;AILLER _ ,, ARE subscribed.to the within instrument and [WFresno Notary Public = acknowledged that `T'F ___ executed the County,California same. omm. Exp.March 31, 1995 i Signature CL PATTI WASEMILLER A _ V) Name (Typed or Printed) Notary Public in and for said County and State cT-70 FOR NOTARY SEAL OR STAMP (Corporation) I I STATE OF CALIFORNIA } COUNTY OF FRESNO J SS. On September 6th, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared RHONDA WALKER m known to me to be the President, and tz w known to me to be Secretary of the corporation that executed the within Instrument, = known to me to be the persons who executed the within In,trument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within m instrument pursuant to its by-laws or a resolution of its board of directors. WITIES nd and official seal. Signatu PATTI WASEMILLER R T11 WASEM1LLER Notary Public Name (Typed or Printed) �`ts. :\ta-w�'r` Fro County,California esn ` March 31 195 OFC - 2058 Co^m Ex7