HomeMy WebLinkAboutT-4145 - Agreement/Covenant - 7/5/2006 (2) 90095908 RECORDED AT REQUUT OF
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AUG 14199
PLEASE CONFORM FRESNO COUNT% CALIFORNIA
GALEN LARSON,County Recorder
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P.W. File No . 8952 Development Department
UGM No . 373 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK AND TRUNK SEWER FEES
AND CREATION OF LIEN
Tract No . 4145
Hampton Court No. 6
RECITALS
WHEREAS, Robert A. McCaffrey and Karen McCaffrey, husband and
wife, as community property and John A. Bonadelle, a married man, as
his sole and separate 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. 4145, consisting of
Seventy-Two (72) 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
Covenant/T-4145
UGM Park and Trunk Sewer Fees
Page 2
WHEREAS, the Subject Property is subject to UGM Park and Trunk
Sewer fees pursuant to Sections 12-4 . 509 of the Fresno Municipal
Code and Resolution No . 83-40 in the estimated amount of
Thirty-Seven Thousand Four Hundred Seventy-Four and 70/100 Dollars
($37, 474 .70) for the following :
UGM Neighborhood Park Fee
Service Area No. 5
Zone District : R-1/UGM
17 . 89 Gross Ac @ $1, 695 . 00/Ac = $30,323 . 55
UGM Trunk Sewer Fee
Service Area : Cornelia Trunk Line
Zone District : R-1/UGM
16 . 07 Gross Ac @ $445. 00/Ac $7. 151 . 15
Total Estimated Amount $37,474 . 70; 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
be built upon the Subject Property. Such fees may be paid
for individual parcels, if applicable.
Covenant/T-4145
UGM Park and Trunk Sewer Fees
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 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 .
Covenant/T-4145
UGM Park and Trunk Sewer Fees
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.
'Individual)
STATE OF CALIFORNIA
^� SS.
COUNTY OF
FRESNO
On y1MY it 1990 before me,the under-
signed, a Notary Public in and for said State, personally appeared
w ROBERT A MCCAFFREY, KAREN MCCAFFREY,
and JOHN A. BONADE LLE
Mpersonally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s)._ whose name
sarqubscribed to
t OFFICIAL SEAL
the within instrument and acknowledged thatthey7/ R. LAER i
executed the same. 1 m •NOTARY PIJ9LN:-CALIF!?HNIA.1
WITNESS my hand nd official seal. \_ FRESNO COiNT1'
;ys s
AMY COMM. EXP. AIJG. 22, 13Q3
r Signature
R. LANIER
STC 67 Name (Typed or Printed) (This aru for official notarial xall
Covenant/T-4145
UGM Park and Trunk Sewer Fees
Page 5
DATED: Tj3 X190
Accepted by: COVENANTOR
ROBERT A. McCAFFREY and
KAREN McCAFFREY, Husband and Wife
CITY OF FRESNO as Community Property
a Municipal Corporation
By
By Robert A. McCaf
Alvin P. Solis, Director
Development Department
By �
Karen McCaffrey
N/
APPROVED AS TO FORM:
JOHN A. BO ELLE, a Married Man,
HARVEY WALLACE as His So and Separate Pro_perty
City Attorney
By
ByJ n A. Bonadelle
De ty
(Attach Notary Acknowledgement)
STATE OF CALIFORNIA )
s s .
COUNTY OF FRESNO )
On this d- day of in the year 1990,
before me 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 acknowledged to me that the City of Fresno executed it.
<<' JACQUELINE L. KYLE, CMC
City Clerk
By
Deputy
LR:ep
8054D/680
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF FRESNO, CITY OF FRESNO AND IS DESCRIBED
AS FOLLOWS :
PARCEL 1:
LOT 303 , 316, 317, 318 AND THE WEST ONE-HALF OF LOT 304 OF J.C.
FORKNER FIG GARDENS SUBDIVISION NO. 3, RECORDED IN VOLUME 8,
PAGE 79 OF PLATS, FRESNO COUNTY RECORDS.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL FROM SAID
LOTS 317 AND 318:
BEGINNING AT THE CENTER CORNER OF SECTION 3, TOWNSHIP 13 SOUTH,
RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN; THENCE NORTH 0
DEG. 39 '25" EAST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 3, A DISTANCE OF 396.64 FEET; THENCE NORTH 89
DEG. 39 ' 11" EAST, A DISTANCE OF 599.01 FEET; THENCE SOUTH 0 DEG.
43' 13" WEST, A DISTANCE OF 385.52 FEET; THENCE SOUTH 12 DEG.
36 '02" WEST, A DISTANCE OF 11.43 FEET TO THE SOUTH LINE OF SAID
NORTHEAST QUARTER; THENCE SOUTH 89 DEG. 41100" WEST, ALONG SAID
SOUTH LINE, A DISTANCE OF 596 .21 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM ONE-HALF OF ALL OIL, GAS, MINERAL AND
HYDROCARBON RIGHTS WITHOUT RIGHT OF SURFACE ENTRY, AS RESERVED
BY AMERICAN PHYSICAL FITNESS RESEARCH INSTITUTE INC. , A CALIF.
NON-PROFIT CORPORATION, BY DEED RECORDED NOVEMBER 15, 1968 IN
BOOR 5635 PAGE 256 OF OFFICIAL RECORDS, DOCUMENT NO. 81246.
PARCEL 2:
THAT PORTION OF THE FOLLOWING DESCRIBED PARCEL IN LOTS 103 AND
104 OF J.C. FORKNER FIG GARDENS SUBDIVISION NO. 2, RECORDED IN
VOLUME 8, PAGE 66 OF PLATS, FRESNO COUNTY RECORDS, TOGETHER WITH
THOSE PORTIONS OF WEST SIERRA AVENUE VACATED BY OPERATION OF
LAW, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER
OF SECTION 3, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO
BASE AND MERIDIAN, A DISTANCE OF 596.21 FEET EAST OF THE
NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 89 DEG.
41'00" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 379.84 FEET
TO THE INTERSECTION WITH A CURVE CONCAVE TO THE NORTHWEST WHOSE
RADIUS POINT BEARS NORTH 67 DEG. 03 ' 12" WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 250 .00 FEET,
THROUGH A CENTRAL ANGLE OF 3 DEG. 37 '20" , AN ARC DISTANCE OF
15.80 FEET; THENCE SOUTH 26 DEG. 34 '08" WEST, A DISTANCE OF
149.98 FEET TO THE INTERSECTION WITH A CURVE CONCAVE TO THE
SOUTHWEST WHOSE RADIUS POINT BEARS SOUTH 26 DEG. 34108" WEST;
THENCE NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 1370.00
FEET, THROUGH A CENTRAL ANGLE OF 13 DEG. 58 ' 06" , AN ARC
DISTANCE OF 334 .00 FEET; THENCE NORTH 12 DEG. 36102" EAST, A
DISTANCE OF 35 .57 FEET TO THE POINT OF BEGINNING.
EXCEPTING 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
LIDDEL, ET AL. , IN DEED RECORDED MAY 19, 1969 IN BOOK 5688 PAGE
59 OF OFFICIAL RECORDS, DOCUMENT NO. 34448 .
Tract No . 4145%UGM 373
Hampton Court No . 6
P.W. File No . 8952
SUBORDINATION
The undersigned as holder of the beneficial interest in and under
that certain Deed of Trust recorded on JULY 28 19 89 ,
in the office of the Fresno County Recorder in Book
Page Document No. g9n7g4A9 of which the
Deed of Trust in by and between -_TEND NnMES INC- 1 A CALIFORNIA CORPORATION
as Trustor, UNION BANK, A CALIFORNIA CORPORATION as Trustee,
UNION BANK, A CALIFORNIA CORPORATION
and as Beneficiary, hereby
expressly subordinates said Deed of Trust and its beneficial interest
thereto to the foregoing Statement of Covenants for UGM Park and
Trunk Sewer Fees and Creation of Lien - Tract No . 4145, Hampton Court
No. 6 .
DATED: JULY 11 19 90
UNI BANK, a California Corporation,
a Iru tee,.and Beneficiary
D.R. RE HARDT, VICE PRESIDENT
h
_- • � __ _ LiMNALD M. DUNK, CE PRESIDENT
ai STATE OF CALIFORNIA
COUNTY OF Fresno 1SS.
1111 ,
{ On _ July 11, 1990 before me, wTC WORLD TITLE COMPANY
the undersigned, a Notary Public in and for said County and
State, personally appeared D. R. Reinhardt
personally known to me (or proved to me on the basis of FOR NOTARY SEAL OR STAMP
o satisfactory evidence)to be the Vice President,
and Rona 1 d M_ nunn , personally known to me(or
Proved to me on the basis of satisfactory evidence) to be
t the person who executed the within instrument as
Vi ce PresidentSomocatm on behalf of the OF10"WAL
corporation therein naRods
Eboanrdof
bwledg to me that such DOROTHY L MURPHY
corporation executedstrum@nt pursuant to its NOTARY PUBLIC-CAUFORNIA
bylaws or a resoluti dire s. U0 NOTARY BOND FILED IN
FRESNO COUNTY
m
r£" c Aty CortwnlMlon Ejok"me"to 1992
Signature
a T)nrn .r"T