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Home My WebLink AboutT-4208 - Agreement/Covenant - 7/6/2006 (2) a • LE. t�Q 91022077 AT MIN. PAST M FEB 2 5: 1991 rn2SN0 COUNTY,CALirORN1A WILLIAM C.GREENWOOD,County Recor#er KEAS^ CONFORM4 BY DEPUTY RECORDER S -------------------SPACE ABOVE FOR RECORDER' S USE--- P.W. File File No. 9056 Development Department UGM No . 396 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No . 4208 Phase I of Tentative Tract No . 4208 Trend Homes No. 22 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. 4208, Phase I of Tentative Tract No . 4208, Trend Homes No. 22 , consisting of One Hundred Twenty-Four ( 124) 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/Tract No . 4208 UGM Park & 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 in the estimated amount of Forty-Two Thousand Forty-Seven and 75/100 Dollars ($42 , 047 . 75) for the following : UGM Neighborhood Park Fee Service Area No . 5 Zone District : R-1/UGM 19 . 95 Gross Ac @ $1, 695 . 00/Ac = $33 , 815 . 25 UGM Trunk Sewer Fee Service Area : Cornelia Trunk Line Zone District : R-1/UGM 18 . 5 Gross Ac @ $445 . 00/Ac = $8 , 232 . 50 Total Estimated Amount $42 , 047 . 75 ; 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 Covenant/Tract No . 4208 UGM Park & 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. fJ Covenant/Tract No. 4208 UGM Park & 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: COVENANTOR Accepted by: TREND HOMES, INC. , a California Corporation CITY OF FRESNO a Municipal CoFp ation By By a. A Alvin P. Solis, Director Robert A. McCaffr /President Development Department By APPROVED AS TO FORM: J hn A. Bonadelle ice President HARVEY WALLACE City Attorney By (Attach Notary Acknowledgement) puty LR:mv LAND80/1183+ Covenant/Tract No . 4208 UGM Park & Trunk Sewer Fees Page 5 STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On this day of in in the year -- before me t timcL_L, 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. RYLE, CMC City Clerk By Deputy LR:mv LAND80/1183+ CORPORATE ACKNOWLEDGMENT No.202 State of C_a 1 i fern i a On this the- 1_t1bay of January 1991,before me, SS. County of Fresno Janet L . Ayella the undersigned Notary Public,personally appeared Robert A. McCaffrey and John A. Bonadelle X9E personally known to me proved to me on the basis of satisfactory evidence to be the person(s)who executed the within instrument as President and Vice President or on behalf of the corporation therein named,and acknowledged to me.that the corporation executed it. OFFICIAL SEAL WITNESS my hand and official seal. JANET L. AYELLO • m • NOTARY PUBLIC-CALIFORNIA Janet L. Ayello ' �• FRESNO COLIRTY Notary's Signature ' y comm. expire SEP 10, 1993 v 7120122 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Box 7194•Canoga Park,CA 91304-7184 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 : Lots 255 and 257 and a portion of Lots 248 , 254 and 256 of J. C. Forkner Fig Gardens Subdivision No . 3 , recorded in Volume 8 Page 79 of Plats, Fresno County Records , described as follows : BEGINNING at the intersection of the Southern prolongation of the West line of said Lot 257 and the centerline of West Palo Alto Avenue; thence North 011 42 ' 47" East , along the West line of said Lot 257 and its Southern prolongation and the West line of Lot 248, a distance of 1004 . 27 feet ; thence South 890 17 ' 13" East, a distance of 127 . 00 feet ; thence South 00 42 ' 47" West , a distance of 17 . 71 feet ; thence South 890 17 ' 13" East , a distance of 125 . 00 feet ; thence South 00 42 ' 47" West , a distance of 42 . 00 feet ; thence South 890 17 ' 13" East , a distance of 104 . 88 feet ; thence South 520 55 ' 09" East , a distance of 5 . 29 feet to the intersection with curve concave to the Southeast whose radius point bears South 520 55 ' 09" East; thence Northeasterly along said curve, having a radius of 47 . 00 feet , through a central angle of 00 18 ' 48" , an arc distance of 0 . 26 feet to the Northeast line of said Lot 256 ; thence South 5111 06 ' 31" East , along said Northeast line, a distance of 93 . 97 feet to the intersection with a curve concave to the Northwest , whose radius point bears North 490 36 ' 41" West ; thence Southwesterly along said curve, having a radius of 47 . 00 feet , through a central angle of 140 17 ' 2211 , an arc distance of 11 . 72 feet to a point of reverse curvature; thence Southwesterly along said curve, having a radius of 48 . 00 feet ; through a central angle of 570 31 ' 52" , an arc distance of 48 . 20 feet; thence South 20 51 ' 11" East,- a distance of 86 . 42 feet ; thence South 550 02 ' 48" East, a distance of 15 . 31 feet to the intersection with a curve concave to the Northwest , whose radius point bears North 180 52 ' 33" West; thence Northeasterly along said curve, having a radius of 225 . 00 feet , through a central angle of 320 13 ' 58" , an arc distnace of 126 . 58 feet; thence North 380 53 ' 29" East , a distance of 30 . 00 feet to the centerline of North Jeanne Avenue; thence South 510 06 ' 31" East , along said centerline a distance of 742 . 38 feet ; thence South 380 53 ' 29" West , a distance of 30 . 00 feet to the intersection with a non-tangent curve concave to the Southeast , those radius point bears South 57* 45 ' 36" East ; thence Southwesterly along said curve, having a radius of 259 . 00 feet, through a i' Exhibit 'A' T-4208 Page 2 central angle of 240 19 ' 0411 , an arc distance of 109 . 93 feet; thence South 410 55 ' 29" East , a distance of 16. 38 feet; thence North 89' 37 ' 04" East, a distance of 126 . 05 feet to the intersection with a tangent curve concave to the Northwest ; thence Northwesterly along said curve having a radius of 48 . 00 feet, through a central angle of 370 26 ' 4411 , an arc distance of 31 . 37 feet to the Northeast line of said Lot 254 ; thence South 510 06 ' 31" East, along said Northeast line, a distance of 93 . 03 feet to the intersection with a curve concave to the Northwest, whose radius point bears North 590 40 ' 27" West; thence Southwesterly along said curve having a radius of 47. 00 feet, through a central angle of 270 00 ' 3711 , an arc distance of 22 . 16 feet; thence South 200 57 ' 15" East , a distance of 125 . 25 feet to the South line of said Lot 254 ; thence South 00 22 ' 56" East , a distance of 35 . 00 feet; thence South 890 37 ' 04" West, along the centerline of West Palo Alto Avenue, a distance of 1, 345 . 36 feet to the POINT OF BEGINNING. LR:mv LAND80/1188+ T-4208