The URL can be used to link to this page

Home My WebLink AboutT-4482 - Agreement/Covenant - 6/30/2006 (2) 9 2 1 7 5 3 4 3 ` � TLE COMPANY RETMTO* A �_M{N. PACT M CITY OF FRESNO DEvEWpsjuff DFPAR1TtENT NOV 18 1992 2600 Fre®o Stred FRESNO CA 93721-3604 FRESNO COuwTY.%;n.,rowA WXUW C.OREENWOM.Cathy RemdN PLEASE CONFORM : F By DEPtIr a -------------------ABOVE SPACE FOR RECORDER'S USE-- --- ------- P.W. File No . 9419 Development Depart ent UGM No. 422 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN Tract No. 4482 Phase II 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 . 4482, consisting of Fifty-Seven (57) 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 pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno Municipal Code in the estimated amount of Twenty-Seven Thousand Forty-Three and 68/100 Dollars ($27, 043 . 68) for the following: Statement of Covenants Tract No. 4482/UGM 422 Phase II of Tentative Tract 4274 Page 2 UGM Fire Station Fees Service Area No. 16 Zone District : R-1/UGM 10 . 94 Gross Ac @ $1, 242 . 00/Ac - $13 , 587. 48 UGM Neighborhood Park Fees Service Area No. 4 Zone District : R-1/UGM 10 . 94 Gross Ac @ $1, 230 .00/Ac - $13,456 . 20 Total Estimated Amount $27, 043 . 68; 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 for individual parcels, if applicable. Statement of Covenants Tract No. 4482/UGM 422 Phase II of Tentative Tract 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 . Statement of Covenants Tract No. 4482/UGM 422 Phase II of Tentative Tract 4274 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: � Z? /�gL COVENANTOR CITY OF FRESNO, CAMBRIDGE HOMES, a California a Municipal r o ' on General Partnership By: Central Pacific By Builders, Inc. , Alvin Solis, Director a California Corporation, Development Department as General Partner APPROVED AS TO FORM: By. Steve Lutton HILDA CANTU-MONTOY President Acting City ZArney By: K Boren Deputy Secretary By: Clovest Co po ation a Califor ia ; orporation, as Gene P,� rtner By. Da y Clemmensen V* .e President By: idney Bf. Cox Secretary (Attach Notary Acknowledgment) T,-,o,Z7—c OF CwFORdV, r C=NY Of Fresno a On ma 2nd of October 14 92 •beforertte,the u dersignea_allotaryPi--ic in crte toe=x--eamry cry sere personctly eeciecrecl Steve Luttou L perscr cuyic.-gown to me(or pre%rc b rr+e on tree bcss of 9attlac'ory evioence)to be tie person wno exe^�rtec the within rnsm, veru as PresiCeett•and Kim Boren personalty known to me(v prctied To me on the t C=of setWCC-,ory evidence to be me pe.Wn who executes a the vAteiin •rnrnumenr as Secaetcry of Central Pacific Builders, Inc. b Cron Der+c:t of the eorceraticr.t:temn nausea.spin corporanan being known to me to be one otthe partners of Eambridge Homes trw pcm.nemnir.utas execurw--—,,e within miurrent. cne acknewlergeC that such corporation C executed me scree as SUG't per..-w and that Suc.'t t' JANICE H. NEARY , �.^.rters^srQ execure^the score Or, �r_,;; cb�.,�tit.k965Cf34 CD -" '-tom tiORY PCNIA CD W1TNE my hCnG aria atria sec RINPAL OFF CE!N �- >" i% Fk-S"JO COUNTY U J ` My nor mayor Exp,June?6, 1996 5;Qnerure JaniceNear Ncrste(Type--or Pnntec) (This area for officiat seal) Tt t0: S C OF CAUFORdIA COUNTY OF Fresno 2nd October 92 On this day of ber . 14 Denney Gletitm ns`�r en pr+ed.at�otcryPubtic in and for said county and state personally opcecrea personally-tinown to me(or proved to me on the basis of sattecctory evidence)to be rhe person who executea ttse within insrrun-ent as cTy p pesidenf•and Sidney B. Cox Personally known to me(or pm%.ed to me on the basis of satisfactory evidencQ to be the person who execureC tr+e within instrument cs Secretory d Cloveist Corporation o � - ?i or on ter'+alr of Me corn tion therein named.said corporation beim known to me to be one of the portners of Cambridge Homes - *t a partnership trot executed the within irmlt,rrnent, a ane acknowledged that such corporation' C exe_'uted the some as such partner and that such partnership executes the sortie. JAP4{CE ii. NEARY CMM.tt9654E4 CD WITNESS my honC aria ofticiai seat cc r NOTARY"PUBLIC•CALIFORNIA �; : PRINCIPAL OFFICE IN ]7 U f FRESNO COWVTy -+ Sgnature r" My Comrisson EYp ��'�.1996 Jani a H. Near Norne(Types or Prinfec) (This gree for ofQciaf seal) TttO� Statement of Covenants Tract No. 4482/UGM 422 Phase II of Tentative Tract 4274 Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On this 3A-d- day of in the year J992. before meT — , 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 By �n Deputy LR:nfm LAND318/+4988 GL2 L25 or L27 and L29 Tract No. 4482 P.W. No. 9419 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, Mount Diablo Base and Meridian, in the County of Fresno, State of California, according to the Official Plat hereof described as follows : BEGINNING at the Northwest corner of said 20. 00 acres; thence South 000 00 ' 32" West along the West line of said 20 acres a distance of 631 . 18 feet; thence North 89' 51 ' 23" East 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 750 .00 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 00' 08 ' 35" West, a distance of 100 . 00 feet; thence South 89' 51 ' 25" West along the North line of said 20 . 00 acres distance of 781 . 91 feet to the POINT OF BEGINNING. LR:nfm:crm LAND318/+4988 F Tract No. 4482/UGM 422 Phase II of Tentative Tract 4274 P.W. File No. 8419 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on February 10 1992 in the office of the Fresno County Recorder in Book , 92016185 Page Document No. 92016184 of which the Deed of Trust in, by and between Cambridge Homes, A CA General Partnership 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, Affecting Land Development - Temporary Drainage Facilities - Tract No. 4482/UGM 422, Phase II of Tentative Tract No. 4274 . DATED: October 2 STATE OF CALIFORNIA ss. COUNTY OF Fresno On 10/2/92 beforeme, Janice A Neary (here ow rums aro ale of v e alfrcerl. personally appeared „ �, v{oel�ee D C !' Kaci • JANICE H. NEMY personally known to me(or proved to me on Cr ccr.I.M.4965484 m m . NO-PRY?LBLt-C:- OORfy 1 m the basis Ot satisfactory evidence)to be the person(s)whose name(s)is/are subscribed 10 the C3 r;'%c:r4L OFFICE dy 2 within instrument and acknowledged to me that he/she/they executed the same in ha/her/their FRES;vo Coum My CM-sgw Exa Jw 266,M authorized capacfty(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. WITNESS my hand and official seal. (Seal) Signature AGKN0NILEDGME1i1-iu p,,pM-wMm Wm 231GA—Rev.1-M 'jW VMLc0M.MNG. Wee cuss s-2)