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Home My WebLink AboutT-4350 - Agreement/Covenant - 6/29/2006 (2) ' 93166535 i%cwu"O�T _ ST of CITY OF FRESNO DEVEWftUNT DESART11II NT 2600 From*Stred FRMO CA 9372J.3604 AT M04. PASTM OCT 2 7 1993 WU PLEASE CONFORM -------------------ABOVE SPACE FOR RE -- �- ------- ar P.W. File No . 9244 Development a ar ment UGM No . 453 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARR FEES AND CREATION OF LIEN "f Phase I of Tentative Tract No. 4350 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 . 4350 , consisting of Seventy (70) 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 Fire Station and Park fees oursuant `c Sec--,---ns 1:-4 . 509 and 12-4 . 509 ,Df the Fresno Municipal Code _-e estimated a:r;cunt of Thirty-Four Thousand Fourteen 3nd J1 c _�a_� S� ' . ") - for the following . Statement of Covenants Tract No . 4350/UGM 453 Phase I of Tentative Tract No . 4350 Page 2 UGM Fire Station Fee Service Area No. 16 Zone District : R-1/UGM 13 . 76 Gross Ac @ $1,242 . 00/Ac - $17, 089 . 92 UGM Neighborhood Park Fee Service Area No. 4 Zone District : R-1/UGM 13 . 76 Gross Ac @ $1,230 . 00/Ac - $16, 924 . 80 Total Estimated Amount $34 , 014 . 72 ; 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 Fire Station and 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 Fire Station and 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 `or individual parcels , if applicable . Statement of Covenants Tract No . 4350/UGM 453 Phase I of Tentative Tract No . 4350 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 fullcrce and effect until such time as the Director of the Develccment Decartment �)f the City of Fresno issues a written release :f such ..cnd:t-_.ns and bligations . Statement of Covenants Tract No . 4350/UGM 453 Phase I of Tentative Tract No . 4350 Page 4 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 contest 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 : /L, /973 CITY OF FRESNO, COVENANTOR a Municipal Corporation By CaInn' - _ � CAMBRIDGE HOMES, a Alvin P. Solis, Director California General Partnership Development Department By: Clovest Cor oration, a APPROVED AS TO FORM: Californ' a Corporation Genera ar ner J P. OUG City Att ney 1 By: DaryW Clemmensen By I vicd President Deputy By: Central Pacific Builders , Inc . , a California Corporation, General _ artne= By: Steve 'utton, Presiden= By: C-- K:0. Boren, Secretary (Attach Notary Acknowledgment) Statement of Covenants Tract No . 4350/UGM 453 Phase I of Tentative Tract No . 4350 Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On O /L— �y , 1993 before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(X) whose name(X) is/a-F subscribed to the within instrument and acknowledged to me that he/&wiz executed the same in his/heF,4t s z authorized capacity(iefr , and that by his/b Gr./thoir signature($) on the instrument(8) the person() , or the entity upon behalf of the CITY OF FRESNO of which the person(X) acted, executed the instrument . WITNESS my hand and official seal . JACQUELINE L . RYLE, CMC CITY CLERK By C4� PUTY LR:crm LAND390/+6305 GL2 L25 or L27 and L29 Tract No . 4350 P.W. 9244 Exhibit A The land referred to in these covenants is situated in the State of California, County of Fresno, City of Fresno and is described as follows : The North half of the Northwest quarter of the Southwest quarter of Section 26, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, according to the Official Plat thereof . EXCEPTING therefrom the North half of the North half of the North half of the Northwest quarter of the Southwest quarter of said Section 26 . ALSO EXCEPTING therefrom the South 205 . 00 feet of the North 370. 19 of the West 263 . 70 feet thereof . Tract No. 9350/UGM 453 P.W. File No . 9244 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on August 30 1993 , in the office of the Fresno County Recorder in Book Page Document No. 93132107 of which the Deed of Trust in, by and between Cambridge Homes, a California General Partrshil 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, Park and Trunk Sewer Fees and Creation of Lien for Tract No . 4350/ UGM 453 , Phase I of Tentative Tract No. 4350 . DATED: September 20 19 9 Clo 's Community Bank D ny Clemmensen, Vice President (Attach Notary Acknowledgement) LR:crm LAND390/+6305 GL2 L99a-b