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Home My WebLink AboutT-4153 - Agreement/Covenant - 6/27/2006 (2) RECORDED AT RLQUEST OF. �` ------ STEWART IL E- ----- 90059529 A T.......,....MIN. PAST.. MAY 221990 FRESNO COUNT v,%,ALIFORNIA GALEN LARSON,County Recorder PLEASE CONFORM FEE -------------------SPACE ABOXMCW YRC ----------------- P.W. File No. 9018 Development Department UGM No. 284 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No. 4153 Phase VI of Tentative Tract No . 3876 I Trend Homes No. 21 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 . 4153, consisting of One Hundred Twelve (112) 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' c Statement of Covenants Tract No. 4153 Page 2 WHEREAS, the Subject Property is subject to (UGM Park, Fire Station and Trunk Sewer fees pursuant to Sections 12-4 . 508, 12-4 . 509 of the Fresno Municipal Code and Resolution No. 83-40 in the estimated amount of Sixty One Thousand Seven Hundred Nineteen and 51/100 Dollars ($61, 719 . 51) for the following : UGM Fire Station Fee Service Area No. 14 Zone District: R-1/UGM 23 . 11 Gross Ac @ $282 . 00/Ac = $6, 517 . 02 UGM Neighborhood Park Fee Service Area No. 5 Zone District: R-1/UGM 23 . 11 Gross Ac @ $1, 695 . 00/Ac $39 , 171. 45 UGM Trunk Sewer Fee Service Area : Cornelia 21.41 Gross Ac @ $445 . 00/Ac $9 , 527 . 45 Total Estimated Amount $55, 215 . 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 Fire Station 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 Tract No. 4153 Page 3 1. All UGM Park, Fire Station 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. 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. Statement of Covenants Tract No. 4153 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 contest 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. STATE OF CALIFORNIA ) ss COUNTY OF FRESNO ) On APRIL 6, 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared -ROBERT A. McCAFFREY, personally known to me to be the President,,. ,aad JOHN A. BONADELLE, personally known to me to be the Vice-President of the Corporation that executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the within instrument pursuant to its by-Laws or a resolution of its board of directors. WITNESS m hand and official seal. OFFICIAL SEAL R. LANIER Tw NOTARY PUBLIC-CALIFORNIA t �L FRESNO COUNTY R. ER MY CO«It. EYP. AUG. 22. 1993 •sseos�rr�srm.� My oimmission expires August 22, 1993. Statement of Covenants Tract No. 4153 Page 5 DATED: /may Accepted by: COVENANTOR CITY OF FRESNO TREND HOMES, INC. a Municipal Corporation a California Corporation By By Alvin P. Solis, g Director Rob rt A. McCaffrey///7' Development Department Presid By 0n A. Bonadelle APPROVED AS TO FORM: ce President HARVEY WALLACE City Attorney By Deputy (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO //nn ) On h' /H—& day of 4A,0\4 in the ear_ /��, before me�3a rr0�. personall ppeared lu Ci' � , 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 t' Ci e r k c Byr04�J Deputy MIW: jjw 6407D/638 TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: TREND HOMES, INC. , A CALIFORNIA CORPORATION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF FRESNO, AND IS DESCRIBED AS FOLLOWS : LOTS 306 TO 312 INCLUSIVE, OF J . C . FORKNER FIG GARDENS SUBDIVISION NO. 3 , ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 8 PAGE 79 OF PLATS , RECORDS OF SAID COUNTY. - EXCEPTING THEREFROM QNE-HALF OF ALL OIL, GAS , MINERAL AND HYDROCARBON RIGHTS WITHOUT RIGHT OF SURFACE ENTRY, AS RESERVED BY AMERICAN PHYSICAL FITNESS RESEARCH INSTITUTE INC. , A CALIFORNIA NON-PROFIT CORPORATION , BY DEED RECORDED NOVEMBER 15 , 1968 IN BOOK 5635 PAGE 256 OF OFFICIAL RECORD, DOCUMENT NO. 81246 . ALSO EXCEPTING THEREFROM: THOSE PORTIONS OF LOTS 310 , 311 AND 312 OF J. C. FORKNER FIG GARDENS SUBDIVISION NO. 3 , ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 8 , PAGE 79 OF PLATS, FRESNO COUNTY RECORDS , LYING WITHIN THE PARCEL DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 312 , A DISTANCE OF 4.82 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 312; THENCE NORTH 89 DEG. 41 ' 00" EAST, A DISTANCE OF 540 . 04 FEET; THENCE NORTH 0 DEG. 49' 32" EAST, A DISTANCE OF 305 . 05 FEET; THENCE NORTH 6 DEG. 15 ' 00" EAST, A DISTANCE OF 48 . 00 FEET; THENCE NORTH 12 DEG. 45 ' 49" EAST, A DISTANCE OF 58 .00 FEET; THENCE NORTH 15 DEG. 41 ' 13" EAST, A DISTANCE OF 133 . 51 FEET; THENCE NORTH 22 DEG. 11 ' 09" EAST, A DISTANCE OF 47 . 00 FEET TO THE INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHWEST, WHOSE RADIUS POINT BEARS SOUTH 22 DEG. 11 ' 09" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 1 ,200 . 00 FEET; THROUGH A CENTRAL ANGLE OF 3 DEG. 24 ' 17" , AN ARC DISTANCE OF 71 .31 FEET TO THE CENTERLINE OF CORNELIA AVENUE AS SHOWN ON SAID MAP OF J.C. FORKNER FIG GARDENS SUBDIVISION NO. 3 , SAID CENTERLINE ALSO BEING THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 3 , TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN; THENCE SOUTH 0 DEG. 49' 32" WEST, ALONG SAID EAST LINE, A DISTANCE OF 1 ,199.43 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 3 : THENCE SOUTH 89 DEG. 41 ' 00" WEST, ALONG THIS SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3 , SAID SOUTH LINE ALSO BEING THE CENTERLINE OF SIERRA AVENUE AS SHOWN ON SAID MAP OF J. C. FORKNER FIG GARDENS SUBDIVISION NO. 3 , A DISTANCE OF 673 . 09 FEET TO THE SOUTHERLY PRODUCTION OF THE WEST LINE OF SAID LOT 113; THENCE NORTH 0 DEG. 47' 00" EAST, ALONG THE WEST LINE_ OF SAID LOT 112 AND IT' S SOUTHERLY PRODUCTION, A DISTANCE OF 647.62 FEET TO THE POINT OF BEGINNING. E -ItEitT A Tract No . 4153 P.W. File No. 9018 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on July 28. 19. 82, in the office of the Fresno County Recorder in Book - - Page - - Document No. 89079469 of which the Deed of Trust in by and between TREND HOMES, INC. , a California Corporation as Trustor, UNION BANK, a California Corporation , as Trustee, and UNION BANK, a California Corporatiory as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for UGM Park, Fire Station and Trunk Sewer Fees and Creation of Lien. DATED: April 10, , 19 90 UNION SANK , A CAUFCRMilk CaPORJx mA R. Gar Renner, Regional Vice President D. R. Reinhardt, Vice President STATE OF CALIFORNIA COUNTY OF Fresno } ss. On this 10th ay ofAeril , in the year 194n , before me, the undersigned,a Notary Public is and for amid County and State,personally appeared G_ Umnnor personally know to me for proved to me on the basis of satisf000ry evict me-)to be do Regional Vice President.NW penendy keowal to me for proved to me on the breis of setbfartory evWom)to be - 3Z4^o 3tsa4Aient• �of the oorwation tbt virAin anent,and mc*nowiodged to me that su executed thin imtrw menl pursuant to iu ws or a raotutbo of its directors. OFICIAL tRfAL / y? DOROTHY L MUR�ftlA Y Siseatltre w IFO G� NOTARY OTAR SONO ALEp �IOt11 1�1 ft FRESNO COUNTY Name hyped or Primal) F.qmyoomintewon Exoww wmen 1a,sig Notary Public in a"for acid County And State •-- _-• - -