HomeMy WebLinkAboutT-4050 - Agreement/Covenant - 6/28/2006 (2) RECORDED AT REQUEST OF O
ted. 891439¢0 1'8MMF _
A .-MIN. P .:M
DEC 271989
FRESNO COUN,
PLEASE CON 3E ;�A GALEN LARSON.County Recorder
FE
BY DEPUTY RECORDER
-------------------SPACE ABOVE FOR RECORDER'S USE-------------------
P.W. File No. 8805 Development Department
UGM No. 307 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK FEES AND CREATION OF LIEN
pct No. 4050
Phase II of Tentative Tract No. 3970
l Hollow No. 2"
RECITALS
WHEREAS. N. T. Hill, Inc. , a California Corporation, doing
business as R. J. Hill Company, 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. 4050, consisting of
Seventy Six (76) 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 Municipal Code in the
Covenant/UGM Park Fees
Tract No. 4050
Page 2
estimated amount of Twenty-Two Thousand Four Hundred Forty-Three and
20/100 , Dollars ($22 ,443 . 20) for the following:
UGM Neighborhood Park Fee
Service Area No. 7
Zone District: R-1/UGM
13 .28 Gross Ac @ $1, 690.00/Ac = $22, 443 . 20
Total Estimated Amount $22 , 443 . 20: 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.
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 .
1
Covenant/UGM Park Fees
Tract No. 4050
Page 3
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.
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
c
Covenant/UGM Park Fees
Tract No. 4050
Page 4
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: )lrley c�y� f4�'9
Accepted by: COVENANTOR
CITY OF FRESNO N. T. Hill, Inc. , a California
a Municipal Co por '' n Corporation, doing business as
R. J. Hill Company
By
Alvi is, /Acting Director
evelopment Department IJIA
APPROVED AS TO FORM:
HARVEY WALLACE
City ttor �
B
Deputy (Attach Notary Acknowledgement)
STATE OF CALIFORNIA )
) ss.
COUNTY OF FRESNO )
On this -vd day of ,Q424wA944- in the year 19e ,
before me personally
appeared VA 14A'011.A, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the
person who executed this instrument as
Acting Director of the Development Department and acknowledged to
me that the City of Fresno executed it .
JACQUELINE L. RYLE, CMC
City Clerk
LR:mv By
3331D/568 Deputy
c
STATE OF CALIFORNIA
COUNTY OF Fresno_ ss.
On this 6th day of October_, in the year
5 1 989 before me, the undersigned, a Notary Public in
w
H and for said County and State, personally appeared
Kenneth Crabtreepersonally known
to me (or proved to me on the basis of satisfactory evidence) to be the
Vice President, and
0 NO
i personally known to me (or proved to me on the basis of satisfactory = ", t�07,'.RY pL SLI(,, G.".UFCRN(A
.... ,
O evidence) to be -- -'RINCIPAL C,fICE IN
o ------ saFt� FRESNO COUNTY
to Secretary of the corporation that executed the within Instrument, and 1 Commission Exotres May 25. 1993 4
,.j u acknowledged to me that such corporation executed the within instru- Y
ment pursuant to its by-laws or a resolution of its board of directors.
O
v
t
u d Signature
i a
U) F11en A. Reno _
Name (Typed or Printed)
Notary Public in and for said County and State
F 2467 R 11/82 (This area for official notarial seal)
c'
Tract No. No. 4050
Phase II of Tentative Tract No. 3970
"Quial Hollow No. 2"
P.W. File No. 69o5
SUBORDINATION
The undersigned as holder of the beneficial interest in and under
that certain Deed of Trust recorded on June 17 1988
in the office of the Fresno County Recorder in Book ----
Page ---- Document No. 88066089 of which the
N.T. Hill, Inc., a California Corporation
Deed of Trust in by and between doing business as R.J. Hill Company
as Trustor, California Valley Securities Corporation , as Trustee,
and California Valley Bank , as Beneficiary, hereby
expressly subordinates said Deed of Trust and its beneficial interest
thereto to the foregoing Declaration of Covenants, Conditions,
Restrictions and Easements.
DATED: October 11 19 89
Richard J. A dino
Vice President
(Attach Notary Acknowledgement)
4 LR:mv
3328D/568
R
r
EXHIBIT 'A'
The real property referred to in these covenants is situated in the
State of California, County of Fresno, and is described as follows:
That portion of the Northwest quarter of the Southwest
quarter of Section 36, Township 12 South, Range 20 East,
Mount Diablo Base and Meridian, described as follows :
Beginning at the Northwest corner of said Northwest
quarter; thence North 890 56 ' 28" East, along the North
line of said Northwest quarter of a distance of
1, 318. 64 feet to the Northeast corner of said Northwest
quarter; thence South 0' 01 ' 09" East, along the East line
of said Northwest quarter, a distance of 425 .00 feet to
the Northeast corner of Quail Hollow, Tract No. 3970,
recorded in Volume 47, Pages 16 and 17 of Plats, Fresno
County Records; thence South 89' 58 ' 51" West, along the
Northerly boundary of said Quail Hollow, a distance of
120.00 feet; thence South 0' 01 ' 09" East along the
Northerly boundary of said Quail Hollow, a distance of
17.09 feet: thence South 89' 56 ' 28" West, along the
Northerly boundary of said Quail Hollow, a distance
811.00 feet, thence South 77' 29 ' 24" West, along the
Northerly boundary of said Quail Hollow, a distance of
79.93 feet; thence South 43' 38 ' 49" West, along the
Northerly boundary of said Quail Hollow, a distance of
134 .89 feet to the intersection with a curve, concave to
the Northeast, whose radius point bears North 430 38 ' 49"
East; thence Northwesterly along said curve, having a
radius of 700.00 feet, through a central angle of
4610 20' 58" , an arc distance of 566 . 27 feet to the
West line of said Northwest quarter; thence
North 00 00' 13" West. along said West line, a distance of
50.01 feet to the Point of Beginning.
LR:mv
CORPORATE ACKNOWLEDGMENT ?40.202
State of f, On this the/ ay of t9 before me,
.�
SS.
County of
the undersigne, otary Public, personally appeared
ersonally known to me
OFFICIAL SEAL proved to me on the basis of satisfactory evidence
JOYCE M. L4NTIA to be el s (5�who executed the within instrument as
m a fJOTARY PUSJJC -cALI c Zr:1A ' or on behalf of the corporation therein
fRfM1O e$ Aj3 X, J?33 Y
My comm, e:p:res A:; named,and acknowledged to me that the corporation executed it.
�•''
WITNESS rn,6 n a d official seal.
Notary's Sig?ame