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Home My WebLink AboutT-4352 - Agreement/Covenant - 6/29/2006 (3) &CAGo Tins ARTURN,ot CrrY OF FRESNO AT MIN. PAST M DEV1WP%4N!DQARTMEM 260 F FRMO CA VMI-36"FVDEC 21 1992 RE4N0 C Mkbmo kAM-.1,vAJF0F*M VMLiAM C.3REENW000.County A P' 'ASE C C,'-;::07-"A con -------------------ABOVE SPACE �$EQBE P.W. File No . 9273 Developm nt Department UGM No . 439 City of Fresno STATEMENT OF COVENANTS ANNEXATION TO CITY' S COMMUNITY FACILITIES DISTRICT NO. 1 (OPERATION AND MAINTENANCE OF FIRE STATION NO. 21) Tract No . 4352 Phase I of Tentative Tract No. 4352 RECITALS WHEREAS, RICHARD J. LOUGHEAD JR. , a unmarried man, Fresno, California , hereinafter referred to a "the Covenantor" is the owner of the real property situated 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. 4352 , consisting of fifty-seven (57) lots; and WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in said lots of 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 located within the primary service area for temporary and permanent City Fire Station No. 21 and that a portion of the operation and maintenance costs of Covenant Annexation to City' s Community Facilities District No . 1 Tract No . 4352 , Phase I of Tentative Tract No . 4352 Page 2 temporary and permanent Fire Station No . 21 may be paid out of proceeds of a special tax levied within the City' s Community Facilities District No . 1 . WHEREAS, Covenantor desires to have a Final Tract Map subdividing the Subject Property approved by the City of Fresno; and 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 . The Subdivider consents to annexation of the subject property to Community Facilities District No. 1, agrees to petition the City to annex said lots of the subject property to the district pursuant to Government Code Section 53339 . 2 , waives any right to protest or object to such annexation, and waives the minimum 90-day time limit set forth in Government Code Section 53326 for holding an election on the levy of the special tax on property to be annexed to the district, including the subject property. 2 . The subdivider shall fully disclose this condition to every potential purchaser of any part of said lots of the subject property. At the present time, the special tax to be levied on properties within the CFD No. 1 is not expected to exceed a tax rate of $50 . 00 per unit . However, this tax Covenant Annexation to City's Community Facilities District No. 1 Tract No. 4352, Phase I of Tentative Tract No. 4352 Page 3 rate may be increased, decreased or otherwise changed pursuant to applicable procedures under the Mello-Roos Community Facilities Act of 1982 , (Section 53311 of the California Government Code) through a future election concerning the levying of the special tax on properties located within CFD No. 1 . Each of the covenants, conditions, and restrictions contained in this Statement shall run with said lots of the Subject Property and shall be binding upon each successive owner of said lots of the Subject Property, his heirs, representatives, successors and assignees . 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 transferrable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include said lots of 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 . Covenant Annexation to City' s Community Facilities District No . 1 Tract No . 4352, Phase I of Tentative Tract No . 4352 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 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: w=a �� r,.i.�:t. / �, l 9 X12 CITY OF FRESNO, COVENANTOR a Mu;1v ' 1 Corporation RICHARD J. LOUGHEAD JR. , an By unmarried man � P. olis, Director Development Department By. APPROVED AS TO FORM: Rich rd p. Loughead r . JAMES P. LOUGH / HX�2X7� EY/Ri4 IZAM City Attorney y By eputy (Attach Notary Acknowledgment) Covenant Annexation to City' s Community Facilities District No. 1 Tract No . 4352, Phase I of Tentative Tract No. 4352 Page 5 GL•ERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On this /�' f�i day Of in the year / 9 9 -, before me personally appeared personally known to me (or proved to rtre on the basil 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 41 Deputy WM:crm LAND303/+4864 STATE OF CALIFORNIA ) COUNTY OF Fresno ) SS. this 23rd day of November 19 92 , before me, the undersigned, $ Notary Public in and for said County and State, personally appeared Richard J. LouQhead Jr. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(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 the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. [+TITNESS MY HAND AND OFFICIAL SEAL. Or=:CAi SEAT K STiE�+LLENNotary Public in and for said State PUa-..' -C*rMW cYO c�t1Nn Ems.An 10.1994 EXHIBIT "A" Legal Description Annexation to City' s Community Facilities District No . 1 City of Fresno : That portion of the West half of Section 24 , Township 12 South, Range 20 East , Mount Diablo Base and Meridian, according to the Official Plat thereof , described as follows : Beginning at the Southwest corner of said Section 24 ; thence North 00' 49 ' 11" East along the West line of the Southwest quarter of said Section 24 , a distance of 86 . 50 feet to the TRUE POINT OF BEGINNING of this description; thence continuing North 00' 49 ' 11" East along said West line. a distance of 542 . 00 feet; thence North 89' 16 ' 23" East , parallel with the South line of said Southwest quarter of Section 24 , a distance of 851 . 00 feet; thence North 00' 49 ' 11" East parallel with said West line of the Southwest quarter of Section 24, a distance of 167 . 08 feet; thence North 890 16 ' 23" East, parallel with said South line of the Southwest quarter of Section 24 , a distance of 166 . 22 feet ; thence South 00' 49 ' 10" West a distance of 1 . 52 feet ; thence along a tangent curve concave Northwesterly, having a radius of 275 . 00 feet, through• a central angle of 06' 01 ' 47" , an arc distance of 28 . 94 feet; thence South 06' 50 ' 57" West, a distance of 30 . 00 feet ; thence South 410 51 ' 36" East , a distance of 15 . 82 feet ; thence South 06' 44 ' 58" West, a distance of 40 .34 feet; thence South 470 57 ' 05" West a distance of 18 . 10 feet; thence along a non-tangent curve concave Southeasterly, having a radius of 225 . 00 feet ; with a radial bearing of South 84' 25 ' 25" East, through a central angle of 040 45 ' 25" , an arc distance of 18 . 68 feet; thence South 00' 49 ' 10" West , a distance of 165 . 05 feet ; thence South 440 57 ' 14" East a distance 17 .33 feet ; thence North 890 16 ' 23" East, parallel with said South line of the Southwest quarter of Section 24 a distance of 116 . 66 feet ; thence South 000 43 ' 37" East, a distance of 389 . 72 feet ; thence South 89' 19 ' 05" West a distance of 1144 . 64 feet to the TRUE POINT OF BEGINNING of this description. ALSO EXCEPT, all oil , gas and minerals now or at any time hereafter situate therein in and thereunder, together with all easements and rights necessary or convenient for the production, storage and transportation thereof and the exploration and testing of the said real property and also the right to drill for, produce and use water from the said real property in connection with its drilling or mining operations thereon, by deed recorded March 26, 1943 in Book 2079, Page 299 , Document No . 10243 , Official Records . WM:crm LAND303/4815 Tract No . 4352 P.W. File No . 9273 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on Tiily 11 , 19Q2 in the office of the Fresno County Recorder in Book ------------ , Page -------- Document No . 92107358 of which the Deed of Trust in, by and between Richard J. Loughead, Jr. as Trustor, California Valley Securities Corporation , as Trustee, and California Valley Bank , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Annexation to City' s Community Facilities District No . 1 (Operation and Maintenance of Fire Station No . 21) - Tract No . 4352 . DATED: November 23 19 92 California Valley Bank by: STATE OF CALIFORNIA } COUNTY OF On beton ms. Q personalty appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)is/are subscribed to the within instrumentEIAL*�% REINEE A. BACHANT and acknowledged to me that he/she/they executed tM same in his/her/ Notary public their authorized capaeity(iss),and that by his/her/their Wynature(s)on the em Lounty. CaMomia instrument tfw person(s).or the entity upon behalf of which the persons)acted.executed the Instrument. omm. Exp.Dec.22. 1992 WITNESS hand and - seal. Signature (seal) Form 3212-1 (Rev. 1-1-92) Tract No . 4352 P.W. File No . 9273 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 27 , 1992 , in the office of the Fresno County Recorder in Book -------------- , Page --------- Document No . _ 92072628 of which the Deed of Trust in , by and between Richard J. Loughead, Jr. as Trustor , Central Title Copipany, a California Corporation as Trustee, and Garold C. Brown and Carol A. Brown as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Annexation to City' s Community Facilities District No . 1 (Operation and Maintenance of Fire Station No . 21) - Tract No . 4352 . DATED : November 23, 19 92 G-Orold C, brown CaroY A. Brown STATE OF CALIFORNIA ss. COUNTY OFA On I t—T09 —QZ- before me, "Mpw rWM s-e WB CO to~1. personalty appeared personally known to me(or proved to me on oFsu,K SEAL the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the ��Y within instrument and acknowledged to me that he/she/they executed the same in his/her/their t AL� authorized capacity0es),and that by his;her/their signature(s)on the instrument the person(s). FRESNOty Cae"m fie.AQ.12.1929 or the entity upon behalf of which the person(s)acted,executed the instrument WITNESS my hand and official (Seal) ACUJDW EOGMENT—Ae Nrposi—VotM Form 277CA—iM. 1.2+ Nh Signature e iM WOICOTTS.0 C ipeee wss a-21