HomeMy WebLinkAboutT-4090 - Agreement/Covenant - 6/27/2006 (2) • ' TO: 92109r, 33, NLCU tato f%1 I�C�v�o I
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CITY OF FRESNO SIZBRT
DEVEWPMENT DUARTnmvT 11 TLE rn
2600 Fresno Street
FRMO CA 93nl-3 s AT IN PACT _ A/_M
AUG 4 5 1992
FRESW COurtiti,-,A-rORNU
PLEASE CONFORM WILLMU C.GREENWOOD,Ca,My Rowrdwr
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ABOVE SPACE FOR
BY DEPUTY PEW
P.W. File No . 8851 Developmen D artment
UGM No . 345 City of Fresno
STATEMENT OF COVENANTS
FOR UGM FIRE STATION AND PARK FEES
AND CREATION OF LIEN
Tract No . 4090
Including 197 Planned Development Lots
Trend Homes No. 20
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 . 4090,
consisting of Two Hundred and Eight (208) 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 fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno
Municipal Code in the estimated amount of Seventy Two Thousand Six
Hundred Seventy-Six and 80/100 Dollars ($72, 676 . 80) for the
following :
ce—
Statement of Covenants
For UGM Fire Station and Park Fees
Tract No. 4090
Trend Homes No . 20
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 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 .
The provisions of this Statement shall be deemed independent and
severable and the invalidity or partial invalidity or
Statement of Covenants
For UGM Fire Station and Park Fees
Tract No . 4090
Trend Homes No . 20
Page 4
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: ► /cam`" 2/_ 1992-
CITY
992CITY OF FRESNO, COVENANTOR
a Municipal Corporation
TREND HOMES INC. , a California
By Corporation
lvin P . lis, Dire or
Developm t Department
By � �' � egd44,
Robert A. McCa fret'
APPROVED AS TO FORM: President
HARVEY WALLACE `�
City Attorney By CC 51
K ren McCaffrey,
Vice President/Secietary
By � �i�--� �a.ee.
Deputy
(Attach Notary Acknowledgment)
Tract: No . 4090
Trend Homes No . 20
P.W. File No . 8851
EXHIBIT "A"
THE SUBJECT PROPERTY REFERRED TO IN THESE COVENANTS IS SITUATED IN
THE STATE OF CALIFORNIA, COUNTY OF FRESNO, CITY OF FRESNO, AND IS
DESCRIBED AS FOLLOWS:
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26,
TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN,
ACCORDING TO THE UNITED STATES GOVERNMENT TOWNSHIP PLATS;
EXCEPTING THEREFROM THAT PORTION OF SAID NORTHWEST QUARTER DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE
NORTH 890 53 ' 15" EAST, ALONG THE NORTH LINE OF SAID NORTHWEST
QUARTER, A DISTANCE OF 810 . 89 FEET; THENCE SOUTH 000 03 ' 19" WEST, A
DISTANCE OF 569 . 27 FEET; THENCE SOUTH 890 51 ' 59" WEST, A DISTANCE OF
810 . 64 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH
001, 01' 48" EAST, ALONG SAID WEST LINE, A DISTANCE OF 569 . 57 FEET TO
THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM ONE-HALF OF OIL, GAS AND OTHER HYDROCARBON
SUBSTANCES OR MINERALS, AS RESERVED IN THE DEED FROM S.A. GAGOOSIAN,
ET UX, TO HARRY GASTON, DATED APRIL 27, 1945, RECORDED IN BOOK 2249 ,
PAGE 66 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL
OIL, GAS, AND OTHER HYDROCARBON SUBSTANCE OR MINERALS, BELOW A DEPTH
OF 500 FEET, WITHOUT RIGHT OF SURFACE ENTRY, AS RESERVED BY LESLIE P.
KJELDERGAARD, ET UX, IN THE DEED RECORDED NOVEMBER 2 , 1979, DOCUMENT
NO. 128352 .
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