HomeMy WebLinkAboutT-4092 - Agreement/Covenant - 6/27/2006 (2) .; =01WiD AT "QUOT 01
89114119STEWART � Cts
IN. PAS r .M
OCT 18198..
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FRESNO COUNTY,L,,,FORNIA
GALEN LARSON,County Recorder
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P.W. File No. 8853 Development Department
UGM No. 346 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES
AND CREATION OF LIEN
Tract No. 4092
Trend Homes No. 19
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. 4092.
consisting of Ninety-Two (92) 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, 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
Covenant/UGM Park. Fire & Sewer Fees
Tract No. 4092
Page 2
the estimated amount of Forty Thousand One Hundred Five and 75/100,
Dollars ($40, 105 .75) for the following:
UGM Fire Station Fee
Service Area No. 16
Zone District : R-1/UGM
13 . 9 Gross Ac @ $1,242 .00/Ac = $17, 263 .80
UGM Neighborhood Park Fee
Service Area No. 4
Zone District : R-1/UGM
13 . 9 Gross Ac @ $1, 230 .00/Ac = $17,097 .00
UGM Trunk Sewer Fee
Service Area: Cornelia Trunk Line
Zone District: R-1/UGM
12 .91 Gross Ac @ $445 .00/Ac = $5 ,744 . 95
Total Estimated Amount $40, 105 .75: 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.
COVENANTS, CONDITIONS, AND RESTRICTIONS
For favorable action on, and approval of, the Covenantors 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
4
Covenant/UGM Park, Fire & Sewer Fees
Tract No. 4092
Page 3
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 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.
C
Covenant/UGM Park, Fire & Sewer Fees
Tract No. 4092
Page 4
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 .
DATED: �<)Woy� 5,
Accepted by: COVENANTOR
CITY OF FRESNO TREND HOMES, INC. ,
a Municipal
lCCCoorpor tion a California Corporation
• By ��Gf
George A. erber. Director
Development Department Robert A. McCaffrey, sident
r
i
APPROVED AS TO FORM: J h . Bonadel e, vice President
HARVEY WALLACE
City Attorne
Deputy (Attach Notary Acknowledgement)
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Covenant/UGM Park. Fire & Sewer Fees
Tract No. 4092
Page 5
STATE OF CALIFORNIA )
ss .
COUNTY OF FRESNO )
On this /Oi4Q, day of in the year
before me _4-_lxnr"c . personally
appeared 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 Wcknowledcfed to me that
the City of Fresno executed it.
JACQUELINE L. RYLE, CMC
City. Clerk
v ?
By
Deputy
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i STATE OF CALIFORNIA )
C:YZ;l
F FRESNO ss
O �/ /��� before me, the undersigned, a Notary Public
in and for said State, personally appeared ROBERT A. McCAFFREY,
personally known to me to be the President, and JOHN A. BONADELLE,
personally known to me to be the Vice-President 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 instrument pursuant to its by-laws or a resolution of its
board of directors.
WITNESS my and and official seal.
OFFICIAL SEAL «�O
/ / m R. LANIER
N07AgV PUBL C•CAUFORNIA
�..,_. FRESNO COUNTY
Zycommission
NIER ` M � EXP. AUG. 22, 1993
60
expires August 22, 1993.
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 :
The West 917 . 00 feet of the Northeast Quarter of the
Southwest Quarter of Section 26 , Township 13 South. Range
19 East, Mount Diablo Base and Meridian.
Excepting therefrom that portion of said West 917 .00 feet
lying within the South 20 acres of said Northeast Quarter .
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