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Home My WebLink AboutT-4126 - Agreement/Covenant - 6/27/2006 Kii.il XA)AT Q=Of 93117470 CITY OF FRESNO DEVELOPMENT DEPARTMENT k=,,.ZM1N. PAST M 2600 Fresno Street FRESNO CA 93721-3604 AUG 04 1993 fREitrO GhN� 41,r am WK.t.t M C.GREENW'OOC.corn wp PLEASE CONFORM •�`"�'�""�' ' sir orPtttr a� ABOVE SPACE FOR RECORDER' S USE------- if ------ P.W. File No . 8917 Development Department UGM No. 364 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION, PARK AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No. 4126 A Planned Development Trend Homes No . 26 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 . 4126 , consisting of One Hundred Ninety-Four (194) 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 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 the estimated amount of Eighty-Five Thousand Seven Hundred Four and 42/100 Dollars ($85, 704 . 42) for the following: Statement of Covenants UGM Fees Deferral Tract No . 4126 A Planned Development Page 2 UGM Fire Station Fee Service Area No. 16 Zone District : R-1/UGM 29 .41 Gross Ac @ $1,242 . 00/Ac = $36 , 527 . 22 UGM Neighborhood Park Fee Service Area No . 4 Zone District : R-1/UGM 29 . 41 Gross Ac @ $1,230 . 00/Ac = $36 , 174 . 30 UGM Trunk Sewer Fee Service Area : Cornelia Trunk Sewer Zone District : R-1/UGM 29 . 22 Gross Ac @ $445 . 00/Ac = $13 , 002 . 90 Total Estimated Amount $85 , 704 . 42; 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 Fire Station and Park 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 Covenantor ' s Final Tract Map upon the Subject Property, as referred to hereinabove, Covenantor hereby covenants as follows : 1 . All UGM Fire Station and Park and Trunk Sewer 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. i Statement of Covenants UGM Fees Deferral Tract No . 4126 A Planned Development 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 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 . Statement of Covenants UGM Fees Deferral Tract No . 412„16 A Planned Development 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: CITY OF FRESNO, COVENANTOR a Municipal Corporation TREND HOMES, INC. By aY--C A California Corporation Alvin P. Solis, Director Development Department By APPROVED AS TO FORM: Robert A. Zc affrey President JAMES P. LOUGH City Attorney By, 6 By (� De ut Karen McCaey Secretar (Attach Notary Acknowledgment) Statement of Covenants UGM Fees Deferral Tract No. 4126 A Planned Development Page 5 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) i 1 On_ t ,�3 1993 efore me, 7)Gt.� C ILLI Z personall, app red -�kL� 0-tL_a� c yy,Z ?,L personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons () whose name() is/a-r4e' subscribed to the within instrument and acknowledged to me that he/sbAx4t ;ey executed the same in his/haz.Lt authorized capacity(i-es-) , and that by his/ signature(%) on the instrument() the person(,;d) , or the entity upon behalf of the CITY OF FRESNO of which the person(,$) acted, executed the instrument . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.51! State of�� `(-"t OPTIONAL SECTION _ CAPACITY CLAIMED BY SIGNER County Of "�` Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document before me, 17� 4;y�P_ INDIVIDUAL J DATE NAME,TITLE OF OFFICER.E.M.'JANE DOE.NOTARY PUBLIC' PggQORPORATEOFF ER(.S personally appeared n d 2 � C �- NAME(S)O SIGNER(S) utU 111=1S) personally known to me - OR -C3 proved to me on the basis of satisfactory evidence C] PARTNER(S) ❑ LIMITED to be the person(s) whose name(s)-ae�are ❑ GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that-hekshe/they executed ❑TRUSTEE(S) the same in .l�r their authorized ❑GUARDIAN/CONSERVATOR capacity(ies), and that by.#is>r"Wtheir OTHER: OFFICIAL SEAL signature(s) on the instrument the person(s), JANET L. AYELLO or the entity upon behalf of which the a •!^ NOTARY PUBLC - CALIFORNIA FRESNO COUNT! person(s) acted, executed the instrument. My comm. spires SEP 10, 1993 SIGNER IS REPRESENTING: WITNESS my hand and official seal. NAME OF PERSON(S)OR ENTm(IES) SIGNATURE OF 111ARY OPTIONAL SEVION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by few, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE 21992 NATir)NAL NOTARY ASROCIATION•8236 Remmet Ave P.O.Box 7184•_Canoca Park,CA 91309-7 . Tract No. 4126 P.W. 8917 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 : PARCEL 1: The north 1/3 of the south half of the northwest quarter of the southwest 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 the west 427. 18 feet thereof. PARCEL 2 : The south 1/2 of the north 2/3rds of the south half of the northwest quarter of the southwest quarter of Section 26, Township 13 South, Range 19 East, Mount Diablo Base and Meridian. EXCEPTING THEREFROM the west 430 . 00 feet thereof . PARCEL 3 : The south 1/3 of the south half of the northwest quarter of the southwest quarter of Section 26, Township 13 South, Range 19 East, Mount Diablo Base and Meridian. EXCEPTING THEREFROM the west 430 . 00 feet thereof . PARCEL 4 : The north half of the north half of the southwest quarter of the southwest quarter of Section 26, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plat . EXCEPTING THEREFROM the west 430 . 00 feet . AL V-- PARCEL 5 : The south half of the north half of the southwest quarter of the southwest quarter of Section 26, Township 13 South, Range 19 East, Mount Diablo Base and Meridian. EXCEPTING THEREFROM the west 230 . 00 feet thereof . PARCEL 6 : The west 230 . 00 feet of the south half of the north half of the southwest quarter of the southwest quarter of Section 26, Township 13 South, Range 19 East, Mount Diablo Base and Meridian. EXCEPTING THEREFROM the south 150 . 00 feet thereof . LR:et :LAND388/+6073