The URL can be used to link to this page

Home My WebLink AboutT-4261 - Agreement/Covenant - 7/7/2006 (2) 95072310 RECORDED AT REQUEST Of MU M TO: CITY OF FRESNO --GE DEVIIAPNIViT DFPARnW r 2600FrmoStmet AT MIN. PAST M FRESNO CA 93721-3604 JUN 1 6 1995 10FRESNO COUNTY,CALIFORNIA WILLIAM C.GREENWOOD, County Roe or Donna Ghimenti PL'"�' E C'Ql1Ii`UJ�il� BY DEPUTY RECORDER $ ----------------------------ABOVE SPACE FOR RECORDER'S USE-------------------------- P.W. File No. 9269 Development Department UGM No. 431 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 4261 Phase I of Tentative Tract No. 4261 RECITALS WHEREAS, CAMBRIDGE HOMES, a California General Partnership, 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. 4261, 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 Statement of Covenants UGM Park Fees and Creation of Lien Tract No.4261 Page 2 WHEREAS, the Subject Property is subject to UGM Park fees pursuant to Sections 12-4.509 of the Fresno Municipal Code in the estimated amount of Twenty- Six Thousand Nine Hundred Four Dollars and 80/100 ($26,904.80) for the following: UGM Neighborhood Park Fee Service Area No. 7 Zone District: R-1/UGM 15.92 Gross Ac @ $1,690.00/Ac = $26,904.80 Total Estimated Amount $26,904.80; 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: j Statement of Covenants UGM Park Fees and Creation of Lien x Tact No.4261 Page 3 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. 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 of Covenants UGM Park Fees and Creation of Lien Tract No.4261 Page 4 Statement shall inure solely to the benefit of the City of Fresno. There are no third darty 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 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 hereof shall not affect the validity or enforceability of any one provisions hereof. Statement of Covenants UGM Pads Fees and Creation of Lien Tract No.4261 Page S 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: �'c l.tn,� . 1C)0?-5 CITY OF FRESNO, Covenantor a Municipal orporation CAMBRIDGE HOMES, a California General Partnership By P. Solis, Director By: Central Pacific Builders, Inc. Development Department A California Co ration General APPROVED AS TO FORM: B . 6 Ste a Lutton, President T'UIIDA� l - Yting Cil o ey By: Boren, Secretary B BY: Clovest, a Califpmia J%pu Corporatio , G neral Partner D y C. Clemmensen V' Presiden By: —� Sidney B.lCox Secretary LR:dlk:LAND:COV.$ (Attach Notary Acknowledgement) State of California RIGHT THUMSPRIIVT(Opdonaq County Of Fresno a On 5/15/95 before me, Janice H. Neary, Notary Public a (DATE TlAME(TITLS OF CFRCE.4•..a.':AvE0oE,N07Ar1Y?._LIC'1 C personally appeared Danny C. Clemmensen, Sidney B. Cox, - CNAMEMI OF SIGNER(SII CAPACITY CLAIMED aY S)GNEAIS) Rim Boren, Steve Lutton CINOIVIOUAL(S) iCCORPORATE i I AISI personally known to me -OR- 0 eroved to me on the oFFlt" MTUM I Dasis of satisfactory OPARTNEA(S) CuMMO i evidence to be the C'GENEFAL person(s) whose name(s) CATTORNEY W FACT is/are subscribed to the ❑TRUSM(S) within instrument and CGUARMANICONSERe VATOR acknowledged to me that COTHER: he!she/they executed the same in his/her/their s,cNEA is aEPRESENTING: N JANICE H. MARY authorized capacity(ies?, COMM.#965484 m and that by his/her/their(elr (Nam*of Person(s)or Ernityli*s) NOTARY PUBLIC-CALIFORNIA m :Nsignature(S) On the P- CIPAL OFFICE!N In FREESNOCOUNTYinstrument the person(s), 10y Commisi;on Exp.lne 26, 1996 or the entity upon behalf of which the person(s) acted, executed the iinstrument. RIGHTTHUMBPRINT(Opdonall Witness my hand and official seal. I a (SEAL) (SIGNATURE OF NO AR l CAPACITY CLAIMED SY SIGNER(S) C W O(VIOUA US) OCORPOAATE ATTENTION NOTARY oFFICEAM The information requested below and in the column to the right is OPTIONAL. ((MMM Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any OPARTNER(S) OLIMITED, unauthorized document OGEN&At OATTORNEY IN FACT 'Tim CERTIFICATE Tan or T"s of Doaxn*ea OTRUSTEEIS) MUST BE ATTACHED CGUAROIAN1CONS'cRVATOR To THE DOCUMENT Number of Papas Om of Document OOTHER: DESCR8ED AT RIGHT. S•gnsr{s)O&ar Than Nanwd Above SIGNER IS REPRESENTING: 04ams of Person(s)or&rdtyQ*s) WOLCOTTS FORM#3240 19W.3-"bri=deet 8-2A1 CIS"WOLCOTTS FOf11MS,INC. ALL pjWM ACKNOWLMGmjxT WITH MGMUt CAPACITY"RUMTATIOW WO RNGEAPRNTS Statement of Covenants UGM Park Fees and Creation of Lien Tract No.4261 Page 6 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) 5 On writ. , 1994 before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s) the person(s), or the entity upon behalf of the CI'T'Y OF FRESNO of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. JACQUELINE L. RYLE, CMC CITY CLERK By 0;'n D UTY� i r . Tract No. 4261 P.W. No. 9269 EXMIT 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: The portion of Lots 21 and 22 of Garfield Park Colony, recorded in Book 2, Page 66 of Records of Survey, Fresno County Records, described as follows: BEGINNING at the southwest comer of said Lot 22; thence North 0° 61' 16" West, along the west line of said Lot 22, a distance of 525.62 feet; thence North 891 36' 15" East, a distance of 1287.19 feet to the East line of said Lot 21; thence South 01 02' 56" East, along said East, a distance of 527.16 feet to the southeast comer of said Lot 21; thence South 89° 40' 23" West, along the South line of said Lots 21 and 22, a distance of 1287.43 feet to the POINT OF BEGINNING. LR:dW arm:Cov.8