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Home My WebLink AboutT-4026 - Agreement/Covenant - 7/5/2006 (2) 9301 -12563 RiWA_RT TITLE � RRTURNrO: CITY!IOF FRESNO AT MIN. PAST M DEVFI.QPNZW DEPARTMENT 2600 Fni.Strad W3�Tv FRESNO CA 47711_3604 PLG�A S`F- Cf_, JAN 2 7 w*sNo COUNTY.CAUFORNA *MADAM C.GREENWOOD.Counter -------------------ABOVE SPACE FOR RECOR F& ---- P.W. File No . 8776 Development Depart nt UGM No . 452 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 4026 (Phase I of Tentative Tract No. 4026) RECITALS WHEREAS, CHESTNUT/ALLUVIAL PARTNERSHIP, a California General Partnership, 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 . 4026, consisting of eighty-three (83) 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 Park fees pursuant to Section 12-4 . 509 of the Fresno Municiple Code in Statement of Covenants Tract No . 4026 Page 2 the estimated amount of Thirty-Seven Thousand One Hundred Seventy-Nine and 60/100 Dollars ($37, 179 . 60) for the following: UGM Fire Station Fee Service Area No. 7 Zone District : R-1/UGM 23 . 02 Gross Ac @ $1, 690 . 00/Ac $38, 903 . 80 Less the area for lot 80-83* 1, 724 . 20 Net amount of UGM Fees to be deferred 37, 179 . 60 *(Lot 80-83 are subject to an Agreement (for Early Issuance of Building Permits) , and are therefore not deferred by covenant) ; 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 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 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 . Statement of Covenants Tract No . 4026 Page 3 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. 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 . Statement of Covenants Tract No . 4026 Page 4 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 contest 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: CITY OF FRESNO, COVENANTOR a Munici orporation CHESTNUT/ALLUVIAL PARTNERSHIP, Bya California General Alvin P. Sol s, Director Partnership Development Department By: SANDALWOOD DEVELOPMENT APPROVED AS TO FORM: CORPORATION, a California JAMES P. LOUGH Corporation, as Partner City Attorne 1 y; By �--- Steve C. all ep ty dent (Attach Notary Acknowledgment) Statement of Covenants Tract No. 4026 Page 5 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On ;L 1993 before me, personally appeared �' - f ( � _L f'— � l . kl L -tom i c r `{C- 1;.L' c r�T _C i� L personally known to me (o proved to me on the basis of satisfactory evidence) to be the person(,$) whose name(je) is/are subscribed to the within instrument and acknowledged to me that he/sem executed the same in his/hav4thei-r authorized capacity�ias..) , and that by his/:^ ' L signatureO on the instrument(�01 the person(,$) , or the entity upon behalf of the CITY OF FRESNO of which the person(X) acted, executed the instrument. WITNESS my hand and official seal. JACQUELINE L. RYLE, CMC CITY CLERK DEPUTY WW:crm LAND293/+4687 GL2 L25 or L27 and L29 LL-pV IOOSE ACKNOWLEDGMENT , State of California CAPACITY CLAIMED BY SIGNER County of Fresno ❑ worvIom(s) On_ 11112 /92 'Q CORPORATE i before me. Deborah A. Warring ATI oFFICERfPresident NAW(Tine OF OFFICER nncls► personally appeared Steven C. Hall ❑ PARTNER(S) NAYE131 OF sIO►/ER�s1 . ❑ ATTORNEY-IN-PACT Zg personally known to me-OR- ❑proved to me on the basis of satisfactory evidence ❑ TRUSTEE(S) to be the person(s) whose name(s) Is/dre . subscribed to the within Instrument and ac ❑ GUARDIANICONSERVATOR knowledged to me that he/she/they executed E3 OTHER: oFFIC;,,L sEK the same In his/her/their authoriied 1 % DEBORAH A. WARRING capaclty(les). and that by his/her/their NOTARY PUBLIC•CALIFORNJA signatures)on the Instrument the person(s). PRINCIPAL OFFICE IN or the entity upon behallotwhkh the persons) SIGNER IS REPRESENTING: FRESNOCOUNTY acted.executed the Instrument. ft"s(W►EMd11 CMINT"Y"91 �Caronsson�� • 1993 Sandalwood Witness my hand and official seal. Develonmen Corporation SIGNATURE OF NOTARY , Tract No . 4026/UGM 452 P.W. File No . 8776 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on CLtdber 25, 1991 and rb.Y 22 , 1992 , in the office of the Fresno County Recorder in Book ----------------- 91132560 and Page ------------ Document No. 92071059 of which the Deed of Trust i n, by and between Qhestazt Alluvial Partrig�p} A Gmaml PartrETchip , First Arerican Title Inszanoe Qr.,any, as Trustor,AChlifcrniaOtr=aticn , as Trustee, . Willim L. Rxtdmsm and D avtrEft W. liztdEsn, and Tnstees of t-k- D=t'm W. :ltdiesm Tn)st as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest- thereto nterestthereto to the foregoing Statement of Covenants for UGM Park Fees and Creation of Lien for Tract No . 4026, Phase I of Tentative Tract No . 4026 . DATED: � -� ' 19 (Attach Notary Acknowledgement) WW:crm LAND293/+4687 GL2 L99a-b ACKNOWLEDGEMENT STATE OF ARKANSAS ) SS COUNTY OF SEBASTIAN ) On this �_ day of November, 1992, before me, a Notary Public, personally appeared William L. Hutcheson, as Trustee of the Dorothea Hutcheson Trust, known to me to be the person whose name is subscribes to the foregoing SUBORDINATION and acknowledged that he had executed the same for the purposes therein set forth. IN WIj4jj ,,,)WHEREOF, I hereunto set my hand and official seal. VAN pT,,' _= N r S z _ -"oex—t-- L H Notary Public S7, pv6 L 1G ._, ��:, `ate. •''�11,yN'COUN'"�0P��r`• My commission expires: my C4mff098W Ex~Nov*1199 r EXHIBIT "A" THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 38, TOWNSHIP 12 SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 880 66 ' 28" EAST, ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 929 . 68 FEET; THENCE SOUTH 00 02 ' 20" EAST, ALONG THE WEST LINE OF THE EAST 388 . 92 FEET OF SAID NORTHEAST QUARTER, A DISTANCE OF 210 . 00 FEET; THENCE NORTH 890 56 ' 28" EAST, A DISTANCE OF 28 .92 FEET; THENCE SOUTH 0' 02 ' 24" EAST, A DISTANCE OF 735 . 00 FEET; THENCE SOUTH 89' 56 ' 28 WEST, A DISTANCE OF 668 . 04 FEET; THENCE SOUTH 00 00 ' 48" EAST, A DISTANCE OF 281 .55 FEET; THENCE SOUTH 58' 08 ' 45" WEST, A DISTANCE OF 3 . 17 FEET; THENCE NORTH 88' 59 ' 28" WEST, A DISTANCE OF 288 . 31 FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE NORTH 0' 45" WEST ALONG SAID WEST LINE, A DISTANCE OF 1297. 88 FEET TO THE POINT OF BEGINNING. 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