HomeMy WebLinkAboutT-4274 - Agreement/Covenant - 7/7/2006 (3) CENTRAL TITLE WMPANY
92095793AT IN P44ZT M
JUL 0 8 1992
FRESNU CUuM i: .:-JPMA
WILLIAM C.GREENWOOD.County ROaordtr
PLEASE CG`S- 444"4&_
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BY DEPUTY RECORDER
-------------------ABOVE SPACE FOR RECORDER'S US - -r___ --------
P.W. File No . 9145 Development Department
UGM No . 422 City of Fresno
STATEMENT OF COVENANTS
FOR UGM FIRE STATION AND PARK FEES
AND CREATION OF LIEN
Tract No . 4274
Phase I of Tentative Tract No. 4274
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 . 4274 ,
consisting of Thirty-Nine (39) 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 subi--f- to UGM Fire Station and
Part, fees pursuant to Sections 12-4 . 508 X10 12-4 . 509 of the Fresno
Municipal Code in the estimated amount of Nineteen Thousand One
Hundred Twenty-Six and 60/100 Dollars ($19 , 126 . 60) for the following :
Statement of Covenants
Tract No . 4274/UGM 422
Phase I of Tentative Tract No . 4274
Page 3
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 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 .
r
Covenant/Landscape Maintenance
Tract No . 4274/UGM 422
Phase I of Tentative
Tract No . 4274
Page 4
thereof . 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: Z3 l99 �..
CITY OF FRESNO, COVENANTOR
a Municipal Corp r ion
�1 CAMBRIDGE HOMES, a California
/i
By General Partnership
Alvin So is, Director
Development Department By: Clove4rnalcorporation,
ration, a
Calif
as Gertner
APPROVED AS TO FORM:
HARVEY WALLACE By:
City Attorney Da y C. Clemmenson
Vice P sf i//d-e--n''t
Bl, ze f
/Deputy By: - - - 3= -
�• -BT-�71T$
fcaat. Secretary
laaiso-�i�-Woax}
Sidney B. Cox
By: Central Pacific
Builders , Inc. , a
California Corporation
as General Partn r
By:
Steve Lutton
President
By:
Kim Bo n, Secretary
(Attach Notary Acknowledgment
i
i
t
Tract No . 4274/UGM 422
Phase I of Tentative Tract No. 4274
P.W. File No. 9145
SUBORDINATION
The undersigned as holder of the beneficial interest in and under
that certain Deed of Trust recorded on February 10 19 92 ,
in the office of the Fresno County Recorder in Book
Page Document No. 92016185 & 92016184 of which the
Deed Of Trust in, by and between Cambridge Homes, a California General Part;Lersh
as Trustor, Clovis Community Bank , as Trustee,
and Clovis Community Bank as Beneficiary, hereby
expressly subordinates said Deed of Trust and its beneficial interest
thereto to the foregoing Statement of Covenants, for UGM Fire Station
and Park Fees and creation of Lien - Tract No. 4 2 7 4/UGM 422 ,
Phase I of Tentative Tract No . 4274 .
DATED: May 27 ?19 2v mmunity Bank
D. C Clemmensen
Sen' rVi'ce President
�.. W '
C. E. Rigsbee,Wenior Vice President
(Attach Notary Acknowledgement)
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GL2 L99a-b
Tract No . 4274
P.W. File No. 9145
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 :
That portion of the South 20 .00 acres of the Northeast Quarter of the
Southwest Quarter of Section 26, Township 13 South, Range 19 East,
Diablo Base and Meridian, in the County of Fresno, State of
California, according to the Official Plat thereof described as
follows:
BEGINNING at the Northeast corner of said 20.00 acres; thence South
00' 01' 48" West along the East line of said Southwest quarter, a
distance of 631.7 feet; thence South 89' 51 ' 23" West along a line
parallel with and 30 . 00 feet North of the South line of said
Northeast quarter of the Southwest quarter, a distance of 567.59
feet; thence North 00' 00 ' 32" East, a distance of 531. 17 feet;
thence North 89' 51' 25" East, a distance of 32 . 17 feet; thence North
000 08 ' 35" West, a distance of 100.00 feet; thence North 890 51' 25"
East along the North line of said 20. 00 acres, a distance 535.92 feet
to the TRUE POINT OF BEGINNING.
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