The URL can be used to link to this page

Home My WebLink AboutT-4439 - Agreement/Covenant - 7/6/2006 (2) 94141941 RECORDED AT REQUEST OF ,MT1Til,F Qq, 1rM%NTO. A IN. PAST M CITY OF FRESNO DEwELA)PMENT DEPARTMENT SEP 21 1994 2600 Fre Strad FRESNO CA 93721-3604 PLEASE CONFO%I& FRESNO COUNTY.CAUFORNIA AAI C.GREEW906 ,County Rkadtr Donita Ghimenti / BY DEPUTY RECOR W $ --------------------------ABOVE SPACE FOR RECORDER'S USE------------- - - --- P.W. File No. 9548 Development Department UGM No. 412 City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 4439 (Phase III of Tentative Tract No. 4229) RECITALS WHEREAS, 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. 4439, consisting of eighty (80) 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 Sections 12-4.508 and 12-4.509 of the Fresno Municipal Code and Resolution No. 83-40 in C .A Statement of Covenants Affecting Land Development Tract No. 4439 Phase III of Tentative Tract No. 4229 Page 2 the estimated amount of Twenty-Seven Thousand Sixty-Nine and 15/100 Dollars ($27,069.15) for the following: UGM Neighborhood Park Fee Service Area No. 5 Zone District: R-1/UGM 15.97 Gross Ac @ $1,695.00/Ac = $27,069.15 Total Estimated Amount $27,069.15; and WHEREAS, Covenantor desires to have a Final Tract Map subdividing the Subject Property approved by the City of Fresno; and WHEREAS, Covenantor desires to defer payment of the UGM Park fees until such time that the issuance of building permits is requested by the Covenantor or his successors and assigns for such construction. COVENANTS, CONDITION$, 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. C Statement of Covenants Affecting Land Development Tract No. 4439 Phase III of Tentative Tract No. 4229 Page 3 Each of the covenants, conditions, and restrictions contained in this Statement shall ran 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 C Statement of Covenants Affecting Land Development Tract No. 4439 Phase III of Tentative Tract No.4229 Page 4 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. DATE: 9 /- 9¢ CITY OF FRESNO, COVENANTOR . a Municipal Corporation TREND HOMES, INC., a California BY zd�/ Corporation Alvin P. Solis,Director Development Department By: 4�K sox Robert A. Mc of President APPROVED AS TO FORM: JTltytto GH y By: wren McC freyVice President B (Attach Notary Aclmowledgment) BJW:crm LAND438/+6988 1 1 Statement of Covenants Affecting Land Development Tract No. 4439 Phase III of Tentative Tract No. 4229 Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) )ss. COUNTY OF FRESNO ) On�� 2. , 1994 before me, personally appeared mask. Gr111,6: personally known to me (or proved to me on the basis of satisfactory evidence)to be the persons(,g) whose name(l) is/me subscribed to the within instrument and acknowledged to me that h%he{-hey executed the same in his/her,/ok-authorized capacity(im), and that by his/hwAheir signature(;)on the instrument() the persono o, or the entity upon behalf of the CITY OF FRESNO of which the person(g) acted, executed the instrument. WITNESS my hand and official seal. JACQUELINE L. RYLE, CMC CITY CLERK By DEPUTY BJW:crm LAND438/+6988 GL2 L25 or L27 and L29 :ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.S1 State of California OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of Fresno Though statute does not require the Notary d fill in the data below,doing so may prow invaluable l9,,persons Ialying on to doanMnt On 8/3/94 before me, Michele L. Hogan, Notary Public ❑INDIVIDUAL DATE NAME.TITLE OF OFFICER-E.G.,*JANE DOE.NOTARY PUBLIC personally appeared Robert A. and Karen McCaffrey ❑CORPORATEOFFlCER(S) NAME(S)OF SIGNER(S) TITLE(S) personally known to me-OR-❑proved to me on the basis of satisfactory evidence ❑PARTNER(S) ❑ LIMITED to be the person(s) whose name(s) is/are ❑ GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowiedged to me that he/she/they executed ❑TRUSTEE(S) the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR capacity(ies), and that by his/her/their ❑OTHER: signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. • IWC LE L RM SIGNER IS REPRESENTING: Q , �� D WITNES my and d ICta seal. NAME of PERSON(S)OR ENT'TM(IEs) lwm d wa...awww"JL17.ten+ GNATUR F NOTARY 1eUMFNT SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF Statement of Covenants THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, It could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE 01992 NATIONAL NOTARY ASSOCIATION•6236 Remmet Ave.,P.O.Box 7184•Canoga Parc,CA 913D9.71 E Tract No. 4439 P.W. File No. 9548 LEGAL DESCRIPTION THAT PORTION OF LOTS 107 AND 110 OF J.C. FORKNER FIG GARDENS SUBDIVISION NO. 2, RECORDED IN VOLUME 8, PAGE 66 OF PLATS, FRESNO COUNTY RECORDS LYING SOUTH OF TREND HOMES NO. 24,TRACT NO.4343, RECORDED IN VOLUME 53, PAGES 51, 52 AND 53 OF PLATS, FRESNO COUNTY RECORDS AND NORTH OF THE LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 110, SOUTH 00 32' 55" WEST, A DISTANCE OF 682.59 FEET FROM THE NORTHWEST CORNER OF SAID LOT 110; THENCE SOUTHEASTERLY ALONG A CURVE, CONCAVE TO THE NORTHEAST, WHOSE RADIUS POINT BEARS NORTH 46 ° 50' 04" EAST,HAVING A RADIUS OF 1,000.00 FEET, THROUGH A CENTRAL ANGLE OF 6 ° 42' 38",A DISTANCE OF 117.12 FEET; THENCE SOUTH 49 ° 52' 34" EAST, A DISTANCE OF 598.88 FEET; THENCE NORTH 40 ° 07' 26" EAST, A DISTANCE OF 100.00 FEET; THENCE NORTHEASTERLY ALONG A TANGENT CURVE, CONCAVE TO THE NORTHWEST,HAVING A RADIUS OF 250.00 FEET, THROUGH A CENTRAL ANGLE OF 21 ° 42' 31" A DISTANCE OF 94.72 FEET TO THE EAST LINE OF SAID LOT 110. EXCEPT THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS NOW OR AT ANY TIME SITUATED IN, ON OR UNDER SAID LAND, AS RESERVED BY IOLA MAE LIDDELL, ET AL., IN DEED RECORDED MAY 19, 1969, IN BOOK 5688 PAGE 59 OF OFFICIAL RECORDS, AS DOCUMENT NO. 34448. Exhibit "A"