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Home My WebLink AboutT-4148 - Agreement/Covenant - 6/26/2006 (3) w 9113'7019 SrEWART MU M A WHIM, OASM NOV 05 19M4 91 Fi.— WILLU0.M C.GREENWOOD,County R • F PLEASE CONFORMABOVE SPACE FdiA(DRAB S P.W. File No. 8948 Development Department UGM No. 380 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND TRUNK SEWER FEES AND CREATION OF LIEN 4.148 Phase I of Tentative Tract No. 4148 McCaffrey Community 2 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. 4148 consisting of Three Hundred Twenty-Six, (325) 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 G Statement of Covenants 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 One Hundred Fifty Thousand One Hundred Fifty One and 92/100 Dollars ($150, 151 . 92) for the following : UGM Neighborhood Park Fee Service Area No. 5 Zone District: R-1/UGM 69 . 80 Gross Ac @ $1, 695 .00/Ac = $118, 311 . 00 UGM Trunk Sewer Fee Service Area : Grantland Trunk Line Zone District : R-1/UGM 66 . 06 Gross Ac @ $482 . 00/Ac = $31, 840 . 92 Total Estimated Amount $150, 151 . 92; 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 : Statement of Covenants UGM Park and Trunk Sewer Fees Page 3 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. Z . 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 Statement of Covenants UGM Park and Trunk Sewer Fees Page 4 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 . 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: ?ZC CITY OF JFRESNO, COVENANTOR a Municipal Corporation By ROBERT A. McCAFFREY and KAREN Alvin P. So s, Director McCAFFREY, Husband and Wife, Developmen epartment as Community Property APPROVED AS TO FORM: By: HARVEY WALLACE Robert A. McCaffrey City Attorney By U. Gl�/�t By: 41) Deputy *Knren McCaffrey (Attach Notary Acknowledgment) Statement of Covenants UGM Park and Trunk Sewer Fees Page 5 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On this 23�d- day of in the year before me Ala , personally appeared / -Ltg L -Idi-. j , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as c 2tcZn Director of the Development Department and acknowledged to me that the City of Fresno executed it . JACQUELINE L. RYLE City Clerk By Deputy LR: j ld/nfm LAND182/+2909 GL2 L25 or L27 and L29 Y'. ^'YrY 'k'i`?Bf'!►Kx+'�+, ` ,�.r,�'"'`NaCr•�'#'4' ,...4v,Xy�,yeps+,...Y h Y X7 T . .r .Y.._._�-.�_..��._.-t-.- ...._.... .-.._r -_ti. _....-�... - ....._.-.., ._� .� ..-..�. .�wr.la►....w.a.r.w.w)...a�.IJ.tJ+..4a..u�ar✓..� GENERAL ACKNOWLEDGMENT No.201 State of 1 ti On this the --V day of Vim_19-V,before me, .� L ss. _ 9 County of , the dersigned Notary Public,personally appeared personally known to me CI SEAL proved tome on the basis of satisfacto evidence O`Fl T AYELLO �' - JANET L• _CALIFORNIA to be the person(s)whose name(s) subscribed to the o tjOUI pu5uc within instrument,and acknowledged that executed it. FRESNO C()L0P 10, 1993 �• 1�, ='. My comm. expim WITNESS my hand and7offiiaf sea Notar 's I nature V y 1110 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O.Box 4625 • Woodland Hills CA 91365-4625 STATE OF CALIFORNIA COUNTY OF FRESNO SS. OnSEPTEMBER 23, 1991 , before me R. LANIER 'personally appeared DAVE ROBINSON personally known to me to be the person(s), whose name(s)islet subscribed to the within instrument and acknowledged to me that he/DX}R;, executed the same in his/XmMR&authorized capacity(ies), and that by his/! c signature(s) on the in- strument the person(s) or the entityu ;` SEAL k�is i- upon behalf of which the ��itioTAlSr PueuC nRrFO�N1A person(s) acted, executed the instrument. ' FRESt.O cno err MY c6mm. WITNESS my hartd and official seal. - Signature R. IMIIER (this arra for official notarial seaq M-Ss uvwt Tract No . 4148/UGM P.W. File No. 8948 SUBORDINATION trustee for the The undersigned as/holder of the beneficial interest in and under that certain Deed of Trust recorded on APRIL 30 19 91 , in the office of the Fresno County Recorder in Book n/a , Page n/a Document No. 91051095 of which the Deed of Trust in by and between -ROBERT A. McCAFFREY and KAREN 14cCAFTREY, as Trustor, STEWART TITLE OF FRESNO COUNTY, A CALIF. CORP. , as Trustee, and RANCHO P=NGI'ON, A LIMITED PARTNERSHIP , 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 for Tract No. 4148 . DATED: SEPTEMBER 23 1991 STEWART TITLE OF FRESNO COU�f!'Y, A CALIFDRNIA-COZPQ�ATION DAVE ROBINSON, PRESIDENT ` (Attach Notary Acknowledgement) 4 LR: jld/nfm LAND182/+2909 GL2 L99a-b P.W. File No. 8948 Tract No. 4148 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: A PORTION OF GOVERNMENT LOTS 8 AND 9 IN SECTION 33 AND GOVERNMENT LOT 3 IN SECTION 34 , ALL IN TOWNSHIP 12 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT TOWNSHIP PLATS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 8 ; THENCE NORTH 88° 52 ' 41" EAST, ALONG THE NORTH LINE OF SAID LOTS 8 AND 9 , A DISTANCE OF 2132 . 64 FEET TO THE INTERSECTION WITH A TANGENT CURVE, CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 800 . 00 FEET, THROUGH A CENTRAL ANGLE OF 39° 03 ' 26" , AN ARC DISTANCE OF 545 . 34 FEET; THENCE SOUTH 510 03 ' 53" EAST, A DISTANCE OF 785 . 97 FEET; THENCE SOUTH 380 56 ' 07" WEST, A DISTANCE OF 450 . 64 FEET; THENCE SOUTH 800 30 ' 56" WEST, A DISTANCE OF 230 . 64 FEE'S; THENCE SOUTH 890 39 ' 29" WEST, A DISTANCE OF 135 . 00 FEET; THENCE NORTH 000 20 ' 31" WEST, A DISTANCE OF 10 . 00 FEET; THENCE SOUTH 890 39 ' 29" WEST, A DISTANCE OF 780 . 48 FEET; THENCE SOUTH 000 07 ' 19" EAST, A DISTANCE OF 22 . 01 FEET; THENCE SOUTH 890 52 ' 41" WEST, A DISTANCE OF 252 . 00 FEET; THENCE NORTH 000 07 ' 19" WEST, A DISTANCE OF 20 . 00 FEET THENCE SOUTH 890 52 ' 41" WEST, A DISTANCE OF 660 . 00 FEET; THENCE SOUTH 000 07 ' 19" EAST, A DISTANCE OF 15 . 00 FEET; THENCE SOUTH 890 52 ' 41" WEST, A DISTANCE OF 125. 00 FEET; THENCE SOUTH 000 07 ' 19" EAST, A DISTANCE OF 46 . 96 FEET; THENCE SOUTH 890 52 ' 41" WEST, A DISTANCE OF 520 . 00 FEET; THENCE NORTH 000 07 ' 19" WEST, A DISTANCE OF 311. 96 FEET; THENCE SOUTH 890 52 ' 41" WEST, A DISTANCE OF 234 . 09 FEET TO THE WEST LINE OF SAID LOT 8; THENCE NORTH 02' 10 ' 30" WEST, ALONG SAID WEST LINE, A DISTANCE OF 807 . 51 FEET TO THE POINT OF BEGINNING. 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