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Home My WebLink AboutT-4343 - Agreement/Covenant - 6/29/2006 (2) r 91155362 qT MIS) ogcT M DEC 18 1991 WILLIAM C.GREENWOOD,County necoraer PLEASE CCf',`r :',, ,: , �yyAgg $ -------------------ABOVE SPACE FOR REC;U9ZDER' C8S --- -- ---------- P.W. File No. 9267 Development Department UGM No . 412 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Phase II of Tentative Tract No . 4229 Trend Homes No. 24 A Planned Development RECITALS A. 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 . 4343 , consisting of Two Hundred Eighty-Eight (288) 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 Sixty-Nine Thousand Nine Hundred Thirty-Five and 70/100 Dollars ($69 , 935 . 70) for the following : Statement of Covenants For UGM Park Fees and Creation of Lien Tract No. 4343 Page 2 UGM Neighborhood Park Fee Service Area No . 5 Zone District : R-1/UGM 41 . 26 Gross Ac @ $1, 695 . 00/Ac = $69 , 935 . 70 Total Estimated Amount $69 , 935 . 70; 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. Statement of Covenants For UGM Park Fees and Creation of Lien Tract No . 4343 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 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 1 Statement of Covenants For UGM Park Fees and Creation of Lien Tract No . 4343 Page 4 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 Corpor ion (�O\� TREND HOMES, INC. , a California By Corporation Alvin P. o i ector Development Dep rtment By Robert A. McCaf , APPROVED AS TO FORM: President HARVEY WALLACE City Attorney By e�alA�_ ren McCaffrey, cre ary By . �5��'"' (Attach Notary Acknowledgments) Deputy CLERK' S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On this /z - day of in the year / 99 / before me , 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 City Clerk r By ctm GL(,z a,m��12 Deputy V LR: jld LAND200/+3245 GL2 L25 or L27 and L29 :ORPORATE ACKNOWL=11itammov . State of California On this the 12tWay of November 19-2-1,before me, SS. ` County of Fresno Janet L. Ayello the undersigned Notary Public,personally appeared Robert A. McCaffrey and Karen McCaffrey XX 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 Secretary oron behalf of the corporation therein named,and acknowledged to me that the corporation a ecuted it. OFFICIAL SEAL WITNESS my hand and official seal. JANET L.AYELLO rb • NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY 110 My comm. expires SEP 10, 1993 Notary's Signature 7120122 NATIONAL NOTARY ASSOCIATION•8236 Remmel Ave.•P O.Box 7184•Canoga Park,CA 91304-7184 J Tract No . 4343 Phase II of Tentative Tract No . 4229 P.W. No. 9267 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 LOTS 105, 106 AND 107 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 NORTH LINE OF SAID LOT 105, A DISTANCE OF 130. 72 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 105; THENCE SOUTH 000 19 ' 00" EAST, A DISTANCE OF 17 . 57 FEET; THENCE SOUTH 000 17 ' 44" EAST, A DISTANCE OF 370 . 42 FEET TO THE INTERSECTION WITH A NON-TANGENT CURVE, CONCAVE TO THE SOUTHWEST WHOSE RADIUS POINT BEARS SOUTH 330 19 ' 07" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 50 . 00 FEET, THROUGH A CENTRAL ANGLE OF 11° 57 ' 3211 , AN ARC DISTANCE OF 10 .44 FEET TO THE NORTHWEST CORNER OF LOT 1 OF TREND HOMES NO. 23 , TRACT NO. 4229, RECORDED IN VOLUME 52, PAGES 81 AND 82 OF PLATS, FRESNO COUNTY RECORDS; THENCE SOUTH 890 42 ' 16" WEST, ALONG THE NORTH LINE OF SAID TRACT NO. 4229 , A DISTANCE OF 10 . 71 FEET; THENCE SOUTH 000 17 ' 44" EAST ALONG A WESTERLY LINE OF SAID TRACT NO. 4229 , A DISTANCE OF 635 . 00 FEET; THENCE SOUTH 89' 42 ' 16" WEST, ALONG THE NORTH LINE OF LOT 59 OF SAID TRACT NO. 4229 AND ITS EASTERLY PROLONGATION, A DISTANCE OF 125 . 00 FEET; THENCE SOUTH 00' 17 ' 44" EAST, ALONG THE WEST LINE OF LOTS 59 , 58, 57, 56 AND 55 OF SAID TRACT NO. 4229 AND ITS SOUTHERLY PROLONGATION, A DISTANCE OF 256 . 00 FEET TO THE SOUTH LINE OF SAID LOT 105 ; THENCE SOUTH 89' 42 ' 16" WEST, ALONG THE SOUTH LINE OF LOTS 105 AND 106 , A DISTANCE OF 669 . 10 FEET; THENCE NORTH 00' 35 ' 32" EAST, A DISTANCE OF 6 . 00 FEET; THENCE SOUTH 89' 42 ' 16" WEST, PARALLEL WITH AND 6 . 00 FEET NORTH OF THE SOUTH LINE OF SAID LOTS 106 AND 107 , A DISTANCE OF 390 . 99 FEET; THENCE NORTH 00' 17 ' 44" WEST, A DISTANCE OF 250 .00 FEET; THENCE SOUTH 89' 42 ' 16" WEST, A DISTANCE OF 274 .41 FEET TO THE WEST LINE OF SAID LOT 107; THENCE NORTH 00' 32 ' 54" EAST, ALONG SAID WEST LINE, A DISTANCE OF 964 . 60 FEET TO THE INTERSECTION WITH A NON-TANGENT CURVE, CONCAVE TO THE SOUTHEAST WHOSE RADIUS POINT BEARS SOUTH 30' 27 ' 06" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 700 . 00 FEET, THROUGH A CENTRAL ANGLE OF 13' 18 ' 0011 , AN ARC DISTANCE OF 162 .49 FEET TO THE NORTH LINE OF SAID LOT 107; THENCE NORTH 890 41 ' 00" EAST, ALONG THE NORTH LINE OF SAID LOTS 107, 106 AND 105, A DISTANCE OF 1299 . 20 FEET TO THE POINT OF BEGINNING . LR: j1d LAND200/+3245 7 a Tract No . 4343/UGM 412 Phase II of Tentative Tract No . 4229 P.W. File No . 9267 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 Corps r� atinn, as Trustor, Union Bank, a California Corporation , 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. 4343/UGM 412, Phase II of Tentative Tract No . 4229 , Trend Homes No . 24 , a Planned Development . DATED: November 12, 1991 ` UNION BANK, a California Corporation, as Trus Lnd .Be iciary * r Ronald nn ce President B Chuck Guinn, Vice President (Attach Notary Acknowledgement) LR: jld LAND200/+3245 GL2 L99a-b w,+ , ��' �� J� .pry � ,r ��1_..•„t ,�;�_`!_”�i Y" � fti .."'�. .. Wit. �,•v�.. .i�t�. _ r.. raC. *^F` rt., y. ,.i :};. 1 State of California ) County of Fresno ) On Nov mh r 1?- 1991 before me, Dorothy L. Murphy, a Notary Public in and for said State, personally appeared Ronald M. Dunn + Vice President , and Churl; ('ui nn + Vire PrPcidPnt , 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 tae 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 and official se Signature: �(S .. ,, OFF1C14L SEAL DOROTHY L.MURPHY �- NOTARY PUBLIC-CALFORNIA 'gym FP=SNO COUNTY MY COlAi5ISSION EXPIRES MARCH 16, 1992