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Home My WebLink AboutT-4127 - Agreement/Covenant - 6/28/2006 (2) r . KILCORDIO AT REQUUT Jf. r✓/11ZT 11.E 30144982 -- N. PAST.... .M NOV 271990 FRESNO COUNTY.CALIFORNIA j GALEN LARSON.COuntY Resor PLEASE CCNFC 7N F -------------------SPACE 5T'F4MORW0 USE------------------- P.W. File No. 8946 Development Department UGM No. 378 City of Fresno STATEMENT OF COVENANTS FOR UGM- PARK AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No . 4127 RECITALS WHEREAS, ROBERT A. McCAFFREY and KAREN McCAFFREY, husband and wife, as .Community Property, 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 . 4127, consisting of One Hundred Nine (109) lots and one (1) outlot; 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 G� l Covenant/Tract No . 4127 UGM Park and Trunk Sewer Fees Page 2 WHEREAS, the Subject Property is subject to UGM Park and Trunk Sewer fees pursuant to Section 12-4 . 509 of the Fresno Municipal Code and Resolution No. 83-40 in the estimated amount of Fifty-Four Thousand Eight Hundred Ninety-Two and 00/100 Dollars ($54 , 892 . 00) for the following : UGM Neighborhood Park Fee Service Area No . 5 Zone District : R-1/UGM 25 . 90 Gross Ac @ $1, 695 . 00/Ac = $43 , 900 . 50 UGM Trunk Sewer Fee Service Area: Cornelia Trunk Line Zone District : R-1/UGM 24 . 70 Gross Ac @ $445 . 00/Ac = $10, 991 . 50 Total Estimated Amount $54 , 892 . 00; 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 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 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 G r s� Covenant/Tract No. 4127 UGM Park and Trunk Sewer Fees Page 3 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- r.✓ Covenant/Tract No. 4127 UGM Park and Trunk Sewer Fees 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: Zb&- n' , Accepted by: COVENANTOR ROBERT A. McCAFFREY and CITY OF FRESNO KAREN McCAFFREY, husband and a Mun'cipal o or t ' on wife as Community Property 1��fo r___ By Alvin P. Sol Director Development epartment Robert A. McCaffr /1 ; APPROVED AS TO FORM: K ren McCaffrey j HARVEY WALLACE City Attorney By (Attach Notary Acknowledgement) D pu y r LR:mv LAND44/647+ Covenant/Tract No . 4127 UGM Park and Trunk Sewer Fees Page 5 STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On this 13Itt", d y of in the year before me personally appeared , personally known to me (or proved to me on the 'b is 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. RYLE, CMC City Clerk ��// ---- //, - • By �`fCf► '�^'�F Deputy LR:mv LAND44/647 GENERAL ACKNOWLEDGMENT NO.20 State of California On this the 2nd day of October 1990 , before me, 1 j County of Fresno SS. Janet L. Ayello j the undersigned Notary Public,personally appeared 1 1 Robert A . McCaffrey and Karen McCaffrey XX personally known to me y OFFICIAL SEAL proved to me on the basis of satisfactory evidence Ate. JANET L. AYELLO to be the person(s)whose name(s) _ are __subscribed to the a� UOTARY PUBLIC -C:.Lfi0;'N'IA within instrument,and acknowledged that they executed it. *., FRESNO COUM � My comm. expires SEP 10. 1993 ;L WITNESS my hand and official seal. Janet L ATell� i Notary's Signature -•�..-.r�,-,j.-��.t-',�.r.��.re+r1.cr:-.�.-;.-��.ci1/�,.�-�.?1-"�1r�.�l�1��<�a .e'.e'.�,e'dye:e�e'.�ef.��+_.e.:-�s�rr��+_.�_'�'.�.�.'+�.r��,r�.-�.�'de',e 7110 122NATIONAL NOTARY ASSOCIATION 0 23012 Ventura Blvd. • P O.Box 4625 0 Woodland Hift CA 91365-467 Exhibit 'A' Tract No . 4127 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 South half of Lot 112 of J. C. Forkner Fig Gardens Subdivision No . 2 , recorded in Volume 8 , Page 66 of Plats, Fresno County Records , and the West half of North Polk Avenue adjacent thereto . EXCEPTING THEREFROM that portion of said Lot 112 , described as follows : BEGINNING at the Southwest corner of said Lot 112 ; thence North 00 38 ' 04" East along the West line of said Lot 112 a distance of 63 . 93 feet to the intersection with a curve concave to the Northeast whose radius point bears North 180 45 ' 27" East; thence Southeasterly along said curve having a radius of 1200 . 00 feet, through a central angle of 100 34 ' 23" , an arc distance of 221 .44 feet to the South _ line of said Lot 112 ; thence South 860 42 ' 26" West, along said South line, a distance of 216 . 11 feet to the POINT OF BEGINNING. EXCEPT THEREFROM an undivided one-half interest in all oil , gas and other hydrocarbons and minerals now or at any time situated in, on or under said land as reserved by Iola Mae Liddell , et al , in deed recorded May 19 , 1969 , in Book 5688 page 59 of Official Records, Document No. 34448 . Parcel 2 : Lot 111 of J. C. Forkner Fig Gardens Subdivision No. 2, Recorded in Volume 8, Page 66 of Plats, Fresno Records . EXCEPTING THEREFROM that portion of said Lot 111 described as follows : BEGINNING at the Southwest corner of Lot 111; thence North 00 35 ' 30" East along the West line of said Lot 111 , a distance of 542 . 73 feet ; thence South 49° 52 ' 40" East, parallel with and 655 feet Northeast of the Southern Pacific Railroad right-of-way, a distance of 345 . 06 feet to the intersection with a tangent curve Exhibit 'A' Tract No . 4127 Page 2 concave to the Northeast ; thence Southeasterly along said curve, having a radius of 1200 . 00 feet , through a central angle of 210 21 ' 53" , an arc distance of 447 . 46 feet to the East line of said Lot 111, thence South 00 38 ' 04" West , along said East line, a distance of 63 . 93 feet to the Southeast corner of said Lot 111; thence South 860 42 ' 26" West , along the South line of said Lot 111, a distance of 657 . 27 feet to the POINT OF BEGINNING. ALSO EXCEPTING THEREFROM the North 663 . 00 feet of said Lot 111. LR:mv LAND44/648+