HomeMy WebLinkAboutT-4031 - Agreement/Covenant - 6/29/2006 (2) RECORDED AT REQUEST OF•
89073932
STEWART _LE C.Q.
PLf..ASE CONFORM
A . _.MIN. PAST. .. __M
J U L 14198
FRESNO COUNTY,CALWORNIA
GALEN LARSON,County Recorder
W
BY DEPUTY RECORDER
-------------------SPACE ABOVE FOR RECORDER ' S USE----- -
P.W. File No. 8847 Development Department
UGM No. 284 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES
AND CREATION OF LIEN
Tract No. 4031
Phase IV of Tentative Tract No. 3876
Trend Homes No. 18
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. 4031,
consisting of One Hundred Seventy-Seven (177) lots and one 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 statement; and
WHEREAS, all such instruments of Subordination, if any, are
attached hereto and made a part of this instrument; and
Covenant/T-4031
UGM Park, Fire Station and
Trunk Sewer Fees
Page 2
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 One Hundred Sixteen Thousand Six Hundred
Seventy and 35/100 , Dollars ($116 , 670. 35) for the following:
UGM Fire Station Fee
Service Area No. 14
Zone District : R-1/UGM
44 .25 Gross Ac @ $282 .00/Ac = $12, 478 . 50
UGM Neighborhood Park Fee
Service Area No. 5
Zone District : R-1/UGM
44 .25 Gross Ac @ $1, 942.00/Ac = $85 , 933 . 50
UGM Trunk Sewer Fee
Service Area : Cornelia Trunk Line
Zone District: R-1/UGM
41.03 Gross Ac @ $445 .00/Ac = $18, 258 . 35
Total Estimated Amount $116, 670. 35 ; 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.
P
• Covenant/T-4031
UGM Park. Fire Station and
Trunk Sewer Fees
Page 3
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 .
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 Iegal or equitable
means. All obligations of the Covenantor in this Statement shall
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Covenant/T-4031
UGM Park. Fire Station and
Trunk Sewer Fees
Page 4
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 .
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-4031
UGH Park, Fire Station and
Trunk Sewer Fees
Page 5
DATED: Sj
Accepted by: COVENANTOR
CITY OF FRESNO TREND HOMES, INC. ,
a Municipal Cor oration a California Corporation
By
George 9. Kerber, Director
Development Department
APPROVED AS TO FORM:
HARVEY WALLACE
City Attorney
Deputy (Attach Notary Acknowledgement)
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(Corporation)
STATE OF CALIFORNIA
COUNTY OF FRESNO ss.
On JUNE 12, 1989
before me, the undersigned, a Notary Public in and for said State,
personally appeared ROBERT A. MCCAFFRET
Y
known to me (or proved to me on the basis of satisfactory evidence)
= to be the President,and JOHN A. BONAD LLE
Y
>< known to me (or proved to me on the basis of satisfactory evidence)
f to be V•P• eMy of the Corporation that executed the
~ within instrument on behalf of the Corporation therein named, and
acknowledged to me that such Corporation executed the within OFFICIAL SEAL F
instrument pursuant to its by-laws or a resolution of its board of R. LANIER
directors. NOTARY PUBLIC-CALIFORNIA F
�r b: NOTARY BOND FILED IN
WITNESS my hand a " official seal.
�' 'Z7 �,/ `--/ FRESNO COUNTY
My Commission Expires Aug.22. 1989
Signature eZ
R. LANIER (This area for official notarial seal)
STC 68 Name (Typed or Printed)
Covenant/T-4031
UGM Park, Fire Station and
Trunk Sewer Fees
Page 6
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On this day of Au in the year 1qg ,
before me personally
appeared personally known to me (or
proved to me on the basis of satisfactory evide ce) to be the
person who executed this instrument as kAhli�
Director of the Development Department and acknowledged to me- that
the City of Fresno executed it.
JACQUELINE L. RYLE, CMC
City Clerk
Ey C A Q c,-
Deputy
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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:
Those portions of Lot 102. 103 . 104 , 113 , 114 and 115 of J .C. FORKNER
FIG GARDEN SUBDIVISION NO. 2 recorded in Volume 8 , Page 66 of Plats,
Fresno County Records, and North Polk Avenue adjacent thereto as shown
on said map of J. C. FORKNER FIG GARDEN SUBDIVISION NO. 2, described
as follows:
BEGINNING at ai point on the centerline of North Polk Avenue which
bears North 00 42 ' 14" East, a distance of 1529.04 feet from the
intersection of the centerline of West Bullard Avenue, as shown on
sand map of J. C. FORKNER FIG GARDEN SUBDIVISION NO. 2, said
centerline on North Polk Avenue being 30 feet west of the west line
of said Lots 113 and 104 , said point being the northwest corner of
TREND HOMES NO. 17, TRACT NO. 3983 , recorded in Volume 47, Pages 14
and 15 of Plats . Fresno County Records; thence North 00 42 ' 14 "
East, along said centerline of North Polk Avenue, a distance of
914 .67 feet; thence South 890 17 ' 46" East, a distance of 204 . 03
feet to the intersection with a tangent curve, concave to the
southwest; thence southeasterly along a curve, having a radius of
420.00 feet. through a central angle of 340 43 ' 10" , an arc distance
of 254 . 51 feet; thence North 440 19 , 35" East, a distance of 701. 64
feet; thence North 280 42 ' 4711 East a distance of 47 .00 feet to the
intersection with a curve whose radius point bears South 280 42 ' 47"
West, thence southeasterly along said curve, having a radius of
1370.00 feet, through a central angle of 580 45 ' 12" . an arc
distance of 1.404 .85 feet to the northwest corner of HAMPTON COURT
NO. 2, TRACT NO. 3876, recorded in Volume 47 , page 12 and 13 of
Plats, Fresno County Records; thence continuing southwesterly along
said curve, said curve being the most westerly line of said HAMPTON
COURT NO. 2 and the centerline of North Dante Avenue, through a
central angle of 30 14 ' 15" an arc distance of 77 .41 feet ; thence
South 00 42 ' 14" West, along the most westerly line of said HAMPTON
COURT NO. 2 and its prolongation, a distance of 580. 42 feet to the
northeast corner of said TREND HOMES NO. 17 : thence along the
northerly boundary of TREND HOMES NO. 17 the following courses :
North 890 17 ' 46" West, a distance of 47 .00 feet; North 630 10 ' 47"
West, a distance of 47 .00 feet; North 630 10 ' 47" West, a distance
of 196 . 25 feet; North 700 32 ' 05" West, a distance of 50.00 feet;
South 19 O 27 ' 55" West, a distance of 18 . 63 feet to the
intersection with a curve whose radius point bears North 210 52 ' 39"
East, northerly along said curve. having a radius of 594 .00 feet,
through a central angle of 220 26 ' 56" an arc distance of 232 .73
feet; North 450 401 251, West, a distance of 102. 68 feet; South
440 19 ' 35" West, a distance of 19 .45 feet; North 450 40' 25" West,
a distance of 150.00 feet South 440 19 ' 35" West, a distance of
22. 17 feet to the intersection with a tangent curve concave to the
southeast; southwesterly along said curve having a radius of 575 .00
feet; through a central angle of 20 26 ' 33" , an arc distance of
24.51 feet; North 480 06 ' 58" West, a distance of 100.00 feet to
the intersection with a curve whose radius point bears South
480 06 ' 58" East: Southwesterly along said curve, having a radius
of 765.00 feet; through a central angle of 150 381 3211 , an arc
distance of 184 .28 feet; North 630 45 ' 30" West, a distance of
245 . 36 feet to the intersection with a curve whose radius pont bears
south 770 17 ' 46" East; Northwesterly along said curve, having a
radius of 337. 51 feet. through a central angle of 30 21 ' 13" , an arc
distance of 19.76 feet; North 730 56 ' 33" West. a distance of
150.00 feet to the intersection with a curve whose radius point
bears South 730 56 ' 33" East; Southwesterly along said curve.
having a radius of 487.51 feet, through a central angle of
40 03 ' 25" . an arc distance of 34 . 52 feet: North 770 59 , 58" West,
a distance of 102.00 feet to the intersection with a curve whose
radius point bears South 770 59 ' 58" East, Southwesterly along said
curve, having a radius of 589 . 51 feet, through a central angle of
20 30 ' 14" , an arc distance of 25 .76 feet; North 800 301 12" West,
a distance of 152.00 feet to the intersection with curve whose
radius point bears South 800 30 ' 12" East; Southwesterly along said
curve, having a radius of 741 . 51 feet, through a central angle of
10 00' 20" , an arc distance of 13 .01 feet; North 810 301 32" West,
a distance of 128.02 feet; North 890 17 ' 46" West, a distance of
47.00 feet TO THE P01NT OF BEGINNING.
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