HomeMy WebLinkAboutT-4120 - Agreement/Covenant - 6/27/2006 (3) 00103826 GENTVIAL HTLE COMPANV
PLEASE CONFORM RECORDED IN OFFICIAL RECORDS OF
FRESNO COUNTY.CALIFORNII�
AT — _MIN PAST 2'/_' M
AUG 29 1990
I
GALEN LARSON FEE
County Recorder
-------------------SPACE ABOVE FOR RECORDER' S USE-------------------
P.W. File No. 8964 Development Department
UGM No. 358 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK FEES
AND CREATION OF LIEN
r*ct No. 4120
RECITALS
WHEREAS, REGENCY-HALLAIAN, 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. 4120,
consisting of Twenty-Seven (27) 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
estimated amount of Seven Thousand Nine Hundred Twenty Three and
38/100 Dollars ($7, 923 . 38) for the following :
r TRACT NO. 4120
P.W. FILE NO. 8964
Page 2
UGM Neighborhood Park Fee
Service Area No. 1
Zone District: R-1/UGM
7. 19 Gross Ac @ $1, 102 . 00 /Ac $7, 923 .38
Total Estimated Amount $7, 923 .38; 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.
3 . Covenantor hereby waives any and all rights he may have
pursuant to Government Code Section 65961.
TRACT N0. 4120
P.W. FILE N0. 8964
Page 3
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
affect the validity or enforceability of any one provisions hereof .
s TRACT N0. 4120
P.W. FILE NO. 8964
Page 4
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: D
Accepted by: COVENANTOR
CITY OF FRESNO REGENCY-HALLAIAN, a California
a Municipal Corporation Limited Partnership
By o By Hallaian Homes, Inc . ,
Alvin P. Solis, -Director a California Corporation,
Development Department as General Partner
:_;7
By
Frank Hallaian, President
APPROVED AS TO FORM:
HARVEY WALLACE
City for ey
� BY
`�Heg (Attach Notary Acknowledgement)
STATE OF CALIFORNIA )
ss .
COUNTY OF FRESNO )
On this 7-2»d- day of in the year / 90
before me personally appeared 0-tt-wry
J. personally knovfn tome 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
By
eputy
LR: f lh
LAND/+7
STATE OF CALIFORNIA)
COUNTY OF FRESNO )
On July 27 719 90 ,before me,the undersigned,a Notary Public in and
for said State,personally appeared Frank Hallaian personally
known to me to be the person(s)who executed the within instrument as P personally
and
xxxxx secretary,on behalf of Hallaian Homes
the corporation therein named,and acknowledged to me that said corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of directors,said corporation being known to me to
be the general partner of Repgncy-Hallaian ,the limited partnership that executed the within
instrument,and acknowledged to me that such corporation executed the same as such partner and that such
partnership executed the same.
WITNESS my hand and official seal. OFFICIAL SEAL
JOAN CYCON
NOTARY PUBLIC-CALIFORNIA
Q) FRESNO
BOND FILED IN
Q)
FRESNO COUNTY
n�� My Commission Expires March 15.1991
j TRACT NO. 4120
P.W. FILE NO. 8964
Page 5
SUBORDINATION
The undersigned as holder of the beneficial interest in and under
that certain Deed of Trust recorded on zlk . ' � , 19&'9 ,
in the office of the Fresno County Recorder in Book ,
Page Document No. Sq D b 9 't4 h of which the
UV et�S Deed of Trust in by and between i� E En, Anl AI,y4 C L1�D.
pas Trustor, M��1C�1 rola �.'Y' A ASS,
' �(�tvk , , as Trustee,
A S D E N C7 C.I(A-b �., Q,,
and 1'��E2S ( A� AtAI t't &-) '� 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: 19 J
(Attach Notary Acknowledgement)
S7 TE OF CALIFORNIA)
CC NTY OFF SNO ) SS.
day of �n
for
said iAn the year �1., before me. the undersigned. a Notary Public in
personally a"ear« � ^ Y and
personally known to be to be the thin
end i
Secretor Persons n executed the within instrument es President end _
Secretary. respectively of the Corporation therein nerved. end acknowledged to me that the Corporation executed
it pursuant to its by-laws or a resolution of its board of directors.
FITNESS my hand and offical seal. 'A'.yam=�
C'MCIAL SEAL
JOAN CVCON
NOTAny PU31_IC-CALIFORNIA
' t` 1 i.; f(O „RY 133^JD FILED IN
s TRACT NO. 4120
P.W. FILE NO. 8964
Page 6
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 :
THAT PORTION OF LOT 56 OF PERRIN COLONY NO. 2, IN THE CITY OF
FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE
AMENDED MAP THEREOF RECORDED IN VOLUME 4 OF PLATS AT PAGE 68,
FRESNO COUNTY RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 23 , TOWNSHIP 12
SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN; THENCE ALONG
THE CENTERLINE OF EAST CHAMPLAIN DRIVE AS DESCRIBED BY DOCUMENT
NO. 89049695, OFFICIAL RECORDS FRESNO COUNTY, NORTH 00°23 ' 39" EAST,
A DISTANCE OF 90 . 12 FEET TO THE POINT OF INTERSECTION WITH THE
NORTH LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY; THENCE
LEAVING SAID CENTERLINE, SOUTH 89°19 ' 13" WEST ALONG THE NORTH LINE
OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY A DISTANCE OF
1350 . 63 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
ALONG THE NORTH LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY
SOUTH 89019113" WEST, A DISTANCE OF 863 .31 FEET TO THE SOUTHEAST
CORNER OF LOT 46 OF TRACT NO. 3644 , RECORDED IN VOLUME 42, PAGES 15
& 16 PLATS, FRESNO COUNTY RECORDS; THENCE LEAVING THE NORTH LINE OF
THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY ALONG THE EASTERLY LINE
OF SAID LOTS 45 & 46, NORTH 00045 ' 06" WEST, A DISTANCE OF 197 . 61
FEET; THENCE NORTH 15037130" EAST, A DISTANCE OF 147. 73 FEET; TO
THE POINT OF INTERSECTION WITH A CURVE ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF EAST FOXHILL DRIVE ACCORDING TO THE MAP OF
TRACT NO. 3374 RECORDED IN VOLUME 41 OF PLATS AT PAGES 97-100,
FRESNO COUNTY RECORDS, CONCAVE TO THE NORTH HAVING A RADIUS OF
605 .00 FEET; THE RADIAL AT SAID POINT BEARS SOUTH 15037130" WEST;
THENCE EASTERLY THROUGH AN INTERIOR ANGLE OF 2508 ' 00" , AN ARC
DISTANCE OF 265.39 FEET TO THE POINT OF TANGENCY; THENCE ALONG SAID
SOUTHERLY RIGHT-OF-WAY LINE NORTH 80029130" EAST A DISTANCE OF
94 .37 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH
0930130" WEST A DISTANCE OF 30 . 00 FEET TO THE POINT OF
INTERSECTION WITH THE CENTERLINE OF EAST FOXHILL DRIVE; THENCE
NORTH 8029 '30" EAST A DISTANCE OF 130 . 01 FEET TO THE POINT OF
CURVATURE OF A CURVE, CONCAVE TO THE SOUTH HAVING A RADIUS OF
575 . 00 FEET; THENCE EASTERLY THROUGH AN INTERIOR ANGLE OF
1130 ' 06" , AN ARC DISTANCE OF 115 . 43 FEET TO THE POINT OF TANGENCY;
THENCE SOUTH 88000 ' 24" EAST, A DISTANCE OF 263 . 13 FEET; THENCE
SOUTH 01059136" WEST, A DISTANCE OF 30 .00 FEET; THENCE SOUTH
05°00 ' 00" WEST, A DISTANCE OF 352 . 09 FEET TO THE TRUE POINT OF
BEGINNING
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