The URL can be used to link to this page

Home My WebLink AboutT-4056 - Agreement/Covenant - 6/28/2006 (2) '1 IVAMip At RIQUfit Of "'. CENTRAL LE COMPAN .tT,-74......MIN. PAST. ...M AUG 15 199 90096472 FRESNU COUNT! CALIFORNIA PLSASE COW-i%t,'.%A G4ALEN LARSON.County ReCofdef FE -------------------S D USE------------------- Ely File No . 8858 ByDEpUTYRECORDER Development Department UGM No . 192 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN Tract No. 4056 'Fancher Creek Ranch III ' Phase III of Tentative Tract No . 3590 RECITALS WHEREAS, PACIFIC HOMES, a California Limited 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. 4056, consisting of Eighty-One (81) 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 and Fire Station fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the s ' Covenant/UGM Park and Fire Station Fees Tract No. 4056 , 'Fancher Creek Ranch III ' Phase III of Tentative Tract No. 3590 Page 2 Fresno Municipal Code in the estimated amount• of Thirty-Six Thousand Thirty-Four Dollars and 90/100 ($36, 034 . 90) for the following : UGM Fire Station Fee Service Area No. 15 Zone District : R-1/UGM 15 . 98 Gross Ac @ $605 . 00/Ac = $9 , 667 . 90 UGM Neighborhood Park Fee Service Area No. 2 Zone District : R-1/UGM 15 . 98 Gross Ac @ $1, 650 . 00/Ac $26,367 . 00 Total Estimated Amount $36, 034 . 90; 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 and Fire Station 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 and Fire Station 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. r , Covenant/UGM Park and Fire Station Fees Tract No . 4056 , 'Fancher Creek Ranch III ' Phase III of Tentative Tract No . 3590 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 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 . Covenant/UGM Park and Fire Station Fees Tract No . 4056, 'Fancher Creek Ranch III ' Phase III of Tentative Tract No . 3590 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 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: 1— Zs 90 Accepted by: COVENANTOR CITY OF FRESNO PACIFIC HOMES, a California a Mu icipal Corporation Limited Partnership BA BY: SUTTER STREET DEVELOPMENT Alvin P. S s, Director COMPANY, Inc. , a California Developme Department Corporation, General Partner APPROVED AS TO FORM: By: HARVEY WALLACE Dav d A. Dyck, President City A orney By Deputy (Attach Notary Acknowledgement) CAT.NO.NNO0636 TO 2pora on as a P p TICOR TITLE INSURANCE • (Corporation as a Partner of a Partnership) 1 STATE OF CALIFORNIA COUNTY OF Fresno Ss. i On ^Z\L (1E a C1 before me, the undersigned, a Notary Public in and for said State,personally appeared David A. Dyck personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President,and ----------------------- ---------------- personally known to me or proved tome on the basis of satisfactory evidence to be the person who executed the within instrument as the ---- --'--""""-""" Secretary of Sutter Street neveloMent Company, 1Inc__ Inc- the corporatiop thatfex cf1tted the wit4io io trerittent on behalf of s L L U Partners 11p the partnership that executed LINDA RAY the within instrument, and acknowledged to me that such ( NOTARY PUBLIC corporation executed the same as such partner and that i '' m. VRESNO COUNTY, CALIFORNIA such partnership executed the same. I WITNESS my hand and official seal, t' '!y CormsvarExpires May 29,1993 Sienature �/ �,r,,. r .,.rr: . t ..,,.,.;,t. ,i� Covenant/UGM Park and Fire Station Fees Tract No . 4056, 'Fancher Creek Ranch III ' Phase III of Tentative Tract No. 3590 Page 5 STATE OF CALIFORNIA ) ) ss . COUNTY OF FRESNO ) On this 2nd day of August 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. KYLE, CMC City Clerk By Deputy LR:mv 7662D/668 t. 'EXHIBIT A' Tract No . 4059 The Subject Property referred to in these covenants is situated in the City of Fresno, County of Fresno, State of California and is described as follows : That portion of the Southeast Quarter of the Northeast Quarter of Section 18, Township 14 South, Range 21 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, described as follows : Beginning at the Southeast corner of Tract 3852 , "Fancher Creek Ranch II" , According to the map thereof recorded in Volume 47 of Plats at pages 69, 70 and 71, Fresno County Records; thence North 03 Degrees 57 Minutes 00 Seconds West, along the East line of said Tract 3852 , a distance of 159 . 28 feet to the TRUE POINT OF BEGINNING; thence North 28 Degrees 34 Minutes 11 Seconds West, continuing along the East line of said Tract 3852 , a distance of 50 .00 feet; thence North 03 Degrees 26 Minutes 26 Seconds West, continuing along the East line of said Tract 3852 , a distance of 444 . 21 feet to the Northeast corner of said Tract 3852; thence South 86 Degrees 03 Minutes 10 Seconds West, along the North line of said Tract 3852 , a distance of 115 .00 feet; thence South 75 Degrees 24 Minutes 14 Seconds West, continuing along the North line of said Tract 3852 , a distance of 51.39 feet to the Southeast corner of the East 730 . 00 feet of Lot 14 of Newhall Tract, according to the map thereof recorded in Book 2 of Record of Surveys at page 42 , Fresno County Records; thence North 01 Degrees 15 Minutes 03 Seconds West, along the East line of said Lot 14 , a distance of 660 . 23 feet to the Northeast corner of said Lot 14 , said corner also being the Northwest corner of Lot 3 of said Newhall Tract; thence North 86 Degrees 03 Minutes 10 Seconds East, along the North line of said Lot 3 , a distance of 1, 034 . 98 feet; thence South 01 Degrees 15 Minutes 03 Seconds East, leaving the North line of said Lot 3, a distance of 100 . 11 feet; thence South 01 Degrees 18 Minutes 30 Seconds East, a distance of 50 . 05 feet; thence South 01 Degrees 15 Minutes 03 Seconds East, a distance of 100 . 11 feet; thence South 86 Degrees 03 Minutes 10 Seconds West, distance of 183 .01 feet; thence South 01 Degrees 15 Minutes 03 Seconds East, a distance of 100 . 11 feet; thence North 86 Degrees 03 Minutes 10 Seconds East, a distance of 27 . 08 feet; thence South 01 Degrees 15 Minutes 03 Seconds East, a distance of 150 . 17 feet; thence South 86 Degrees 03 Minutes 10 Seconds West, a distance of 239 . 63 feet; thence South 25 Degrees 40 Minutes 03 Seconds West, a distance of 115 . 90 feet to a point on a curve concave Westerly with a radius of 47. 00 feet (a radial through said point bears North 39 Degrees 16 Minutes 58 Seconds East) ; thence Southerly, along said curve through a i J. t Exhibit 'A' Tract No. 4059 Page 2 central angle of 78 Degrees 33 Minutes 27. Seconds and an arc length of 64 .44 feet to the point of reverse curvature of a curve concave Easterly; thence Southerly, along said curve through a central angle of 29 Degrees 06 Minutes 37 Seconds and an arc length of 24 . 39 feet; thence South 88 Degrees 43 Minutes 48 Seconds West, a distance of 50 . 00 feet; thence North 01 Degrees 16 Minutes 12 Seconds West, a distance of 18 . 01 feet; thence North 47 Degrees 36 Minutes 31 Seconds West, a distance of 17.25 feet ; thence South 86 Degrees 03 Minutes 10 Seconds a distance of 90. 59 feet; thence South 01 Degrees 16 Minutes 12 Seconds East, a distance of 430 . 29 feet; thence South 08 Degrees 17 Minutes 36 Seconds East, a distance of 50 . 14 feet; thence South 86 Degrees 03 Minutes 00 Seconds West, a distance of 195 . 01 feet to the point of curvature of a curve concave Southerly with a radius of 108 . 00 feet; thence Westerly, along said curve through a central angle of 24 Degrees 37 Minutes 11 Seconds and an arc length of 46 . 41 feet to the TRUE POINT OF BEGINNING. Excepting therefrom all mineral rights below a depth of 500 feet with no rights of access onto the surface of said property, as reserved by Superior Farming Company, a Corporation in the deed recorded July 25 , 1979 , in Book 7335 page 771 of Official Records , Document No. 85920 . LR:mv 7667D/668 I Tract No. 4056, 'Fancher Creek Ranch III ' Phase III of Tentative Tract No. 3590 P.W. File No. 8858 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 29, 11 1990 in the office of the Fresno County Recorder in Book --------------- Page - Document No. 90076192 of which the Deed of Trust in by and between Pacific Hames, a California Limited Partnership as Trustor, The California-Sansome Corporation as Trustee, and —The Rank of (alifnm; iV a , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for UGM Park and Fire Station Fees and Creation of Liens for Tract No. 4056, 'Fancher Creek Ranch III ' , Phase III of Tentative Tract No. 3590 . DATED: 19 _ The Bic of Cali ornia, N. A. by: STATE OF CALIFORNIA COUNTY OF Fresno ss On this 3rd day of Ju Y in the year n 199(1 , before me, the undersigned, a Notary Public in 4 and for said County and State, personally appeared Ka hPrinP Karst personally known to me (or proved to me on the basis of satisfactory evidence) to be the Vire President.z� L SEALkr rAgrovylNo1�' q IFYEI��r/Af�Y� q 1`bhANelthjijJOHNSONICtALIFORNIA0 I t gim OFFICE INcc �¢/ COUNTYm a t r the corporation that executed the within Instrument, and Exp. 13 1992 .j u acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. 0 0 0 Signature Y atr c a 43mson h Name (Typed or Printed) Notary Public in and for said County and State (This area for official notarial seal)