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Home My WebLink AboutT-4229 - Agreement/Covenant - 7/7/2006 (2) 91101992 AT MIN. PAST M PLSAGE CONF071AUG 21 1991 0 IV FR7:4.w%,vuNi r,t AUFORN1A WILLIAM C.GREENWOOD,County Recor r ' FE -------------------ABOVE SPACE FOR RECORDER'P*P5-------- - RECORDER P.W. File No. 9074 Development Department UGM No. 412 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN 'Tract No 4229 Phase I of Tentative Tract No . 4229 Trend Homes No. 23 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. 4229 , consisting of Fifty-Nine (59) 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 WHEREAS, the Subject Property is subject to UGM Park fees pursuant to Section 12-4 . 509 of the Fresno Municipal Code in the estimated amount of Sixteen Thousand Nine Hundred Fifty and 00/100 Dollars ($16,950 .00) for the following : w� � STATEMENT OF COVENANTS UGM PARR FEES DEFERRAL TRACT NO. 4229/UGM 412 Page 2 UGM Neighborhood Park Fee Service Area No. 5 Zone District: R-1/UGM 10.0 Gross Ac @ $1, 695 .00/Ac s $16, 950 . 00 Total Estimated Amount $16, 950 .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 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 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 . s STATEMENT OF COVENANTS UGM PARK FEES DEFERRAL TRACT NO. 4229/UGM 412 Page 3 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 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 bf 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 . STATEMENT OF COVENANTS UGM PARK FEES DEFERRAL TRACT NO. 4229/UGM 412 Page 4 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: CITY OF FRESNO, COVENANTOR a Municipal Corporation TREND HOMES, INC. a California Corporation By Alvin P. Solis, Director Development Department By Robert . McCaf f re President APPROVED AS TO FORM: HARVEY WALLACE City Attorney By LY . rf (Attach Notary Acknowledgment) Deputy CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On this /y day of dzt0"aP in the year %4�� before me i t1t , 4i. J , personally appeared z�c�L `oL '1- . 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 City Clerk By Deputy T.R' iiw• ;rl •T.AMII_7r,7 11A ')'7 CORPORATE ACKNOWLEDGMENT ------------ State of California On this the Sgdayof July t991 before me, SS. County of Fresno Janet L. Ayello' the undersigned Notary Public,personally appeared Robert A. McCaffrey xS personally known to me , G proved to me on the basis of satisfactory evidence to be the person(s)who executed the within instrument as pre s i.Aen t or on behalf of the corporation therein named,and acknowledged to me that the corporation executed it. OFFIC:I L SEAL WITNESS my hand and official seal. JANET L.AYELLO �� kU4__ • NOTARY PUBLIC-CALIFORNIA Janet L. A el to ,� ��rMHO � 10 1993 Notary's Signature 7120>i2 NAiONAL NOTARY ASSMIATION•8236 Rombt Are.•P.O.Boot 7184.Canopra Park.CA9W4.7 e; 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 LOT 105 OF J.C. FORKNER FIG GARDENS SUBDIVISION NO. 2, RECORDED IN VOLUME 8 , PAGE 66 OF PLATS, FRESNO COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 105, A DISTANCE OF 23 . 90 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 105; THENCE NORTH 00 17 ' 44" WEST, A DISTANCE OF 256 . 00 FEET; THENCE NORTH 89" 42 ' 16" EAST, A DISTANCE OF 125 .00 FEET; THENCE NORTH 00 17 ' 44" WEST, A DISTANCE OF 635. 00 FEET; THENCE NORTH 890 42 ' 16" EAST, A DISTANCE OF 493 .35 FEET TO THE EAST LINE OF SAID LOT 105; THENCE SOUTH 040'36" WEST, ALONG SAID EAST LINE, A DISTANCE OF 669 . 13 FEET; THENCE SOUTH 89042116" WEST, ALONG THE NORTH LINE OF A PARCEL DEEDED TO THE CITY OF FRESNO BY DEED RECORDED OCTOBER 23, 1981 IN BOOK 7805, PAGE 552 AS DOCUMENT NO. 94837, A DISTANCE OF 223 . 00 FEET; THENCE SOUTH 0040136" WEST, ALONG THE WEST LINE OF SAID PARCEL DEEDED TO THE CITY OF FRESNO, A DISTANCE OF 222 .00 FEET TO THE SOUTH LINE OF SAID LOT 105 ; THENCE SOUTH 890 42 ' 16" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 380 .23 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 LIDDELL, ET AL, IN DEED RECORDED MAY 19, 1969 IN BOOK 5688 PAGE 59 QF OFFICIAL RECORDS, AS DOCUMENT NO. 34448 . LR:jww:jld LAND153/+2423 t Tract No. 4229/UGM 412 P.W. File No. 9074 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 11, 19 91 , in the office of the Fresno County Recorder in Book , Page Document No. 91042002 of which the Deed of Trust in by and between TREND HOMES, INC., a California Corporation as Trustor, UNION BANK, a California CorQoration as Trustee, and UNION BANK, a California Corporation , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for UGM Park Fees and Creation of Lien for Tract No. 4229, Phase I of Tentative Tract No . 4229 , Trend Homes No. 23 . DATED,: July 8, 19 91 UNION BANK, a California Corporation as Tr tee and B ficiary B _ Ronald M. Dunn, Vice President BY: . ein ar t, Vice Pres ent (Attach Notary Acknowledgement) LR:jjw:jd LAND-153/2423 State of California ) # County of Fresno ) On July 8. 1991 before me, Dorothy L. Murphy, a Notary Public in and for said State, personally appeared RnnnlA M. Dungy Vice President and D. R. Reinhardt , respectively, of UNION BANK, personally known to me or proved to me on the basis of satisfactory evidence) to be the persons Whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the person(s), or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my ha nd official e DOROTHY L IAURPHY Signature: (S NOTARYFRESNO COUNTY iA MY COM.WSpN p+RES ' MARCH 16, 1992