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Home My WebLink AboutT-4577 - Agreement/Covenant - 8/21/2006 (2) �TO9 4 I 13 2 3 4 .. icor, �sTOF CITY OF FRESNO SMWART Tcn DsEVEZA SIEW DEPARMENT �r'O CA 93721-36U . PAST 0 M I� JUL 15 10 MWA&V 16:W1h1 0.%;^.WO " PLEASE CONFORM WLUAM C. .Carer --------------------ABOVE SPACE FOR - - --_- iY DEPUTY pE00pOH� P.W. File No. 9516 Developmen ep tment UGM No .' 510 City of Fr sno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 4577 (Phase I of Tentative Tract No. 4577) RECITALS WHEREAS, ROBERT A. McCAFFREY and KAREN McCAFFREY, Husband and Wife, as Community Property, 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 . 4577 , consisting of thirty-two (32) 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 nine thousand thirty-four and 35/100 Dollars ($9 , 034 . 35) for the following: G . Statement of Covenants Tract No . 4577/UGM 510 Phase I of Tentative Tract No. 4577 Page 2 UGM Neighborhood Park Fee Service Area No. 5 Zone District : R-1/UGM 5 . 33 Gross Ac @ $1, 695 . 00/Ac - $9 , 034 . 35 Total Estimated Amount $9 , 034 . 35 ; 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 . C Statement of Covenants Tract No . 4577/UGM 510 Phase I of Tentative Tract No. 4577 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 . Statement of Covenants Tract No . 4577/UGM 510 Phase I of Tentative Tract No. 4577 Page 4 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: or,,we 1!e, /99ot CITY OF FRESNO, COVENANTOR a Municipal Corpo ation ROBERT A. McCAFFREY and KAREN McCAFFREY, Husband and By z1,2 Wife, as Community Property Alvin Solis, Director Development Department By Robert A. McCa y APPROVED AS TO FORM: JAMES .PUGH City Attor ey By ren McCaf trey By eputy (Attach Notary Acknowledgment) LR:jmz LAND430/+6838 ;ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT w sloe State of California OPTIONAL SEC10N 111111111CAPACITY CLAIMED BY SIGNER CouMyof Fresno Thmoma�b dam below,� iraaltrble b pasone rall0 g on lha dopntert. On 5/17/94 before me, Michele L. Hogan, Notary Public —, ❑INDIVIDUAL ` DATE MMAF-ME OF OFFICER-EQ,'1AW WF_WTARY PUBLIC ❑CORPORATE OFFICERS) personally appeared Robert A. and Karen McCaffrey �. NAt�(S)OF SIaNEA(S) TRLEfS) PARTNER(S) LIMITED ®personally known to me-OR-❑proved to me on the basis of satisfactory evidence ❑ ❑ to be the person(s) whose name(s) is/are ❑GENERAL f subscribed to the within instrument and ac- ❑ATTORNEYaN-FACT knowledged to me that he/she they executed ❑TRUSTEE(S) the same in his/her/their authorized ❑GUARDIANICONSERVATOR 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 VA persont. s)acted,executed the instrument Bum SIGNER IS REPRESENTING: grdr.aa�s�vII1Nr I WITNESS my an n al seal. NAM OF PERSONM OR WTITY(MM L 4OF NOTARY PTI AL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT 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•8236 Remmet Ave.,P.O.Box 71134•Canoga Park CA 91308718= Statement of Covenants Tract No . 4577/UGM 510 Phase I of Tentative Tract No. 4577 Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO } On g 21 19 9 4 , bgy f o� r� e me perso lly appeared tUtAi/ru,q,0" Upersonally known to me (or provided to me on the basis of satisfactory evidence) to be the person(X) whose name(;') is/awe subscribed to the within instrument and acknowledged to me that he/s-hexecuted the same in authorized capacity( bex) , and that by his/h^r '�-, signature(g) on the instrument(X) the person0K) , 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 CL »^4:y,A�"!§� eputy LR:jmz LAND430/+6838 Tract No. 4577 P. W. File No. 9516 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 Government Lots 8 and 9 in Section 33 , and Government Lot 3 in Section 34, all in Township 12 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats, described as follows : BEGINNING at the southeast corner of Lot 37 of McCaffrey Community No . 2, Tract No. 4148, according to the map recorded in Volume 53, Pages 32 , 33 , 34 , and 35 of Plats, Fresno County records; thence along the southern boundary of said McCaffrey Community No. 2 , Tract No . 4148, the following courses ; North 00 07 ' 37" West, a distance of 46 . 95 feet; North 890 55 ' 05" East, a distance of 125.03 feet ; North 00 06 ' 57" West, a distance of 15 . 00 feet; North 890 53 ' 03" East, a distance of 659 . 97 feet; South 0° 06 ' 45" East, a distance of 20 . 02 feet; North 89° 53 ' 25" East , a distance of 252 . 00 feet; North 010 06 ' 21" West, a distance of 21 . 98 feet; North 890 39 ' 29" East, a distance of 780 . 49 feet ; South 00 21 ' 23" East, a distance of 10 . 00 feet; North 89° 39 ' 39" East, a distance of 135 . 00 feet; thence leaving said southerly boundary, South 00 21 ' 23" East, a distance of 125 .35 feet; thence South 890 39 ' 39" West, a distance of 124 . 65 feet; thence North 450 20 ' 57" West, a distance of 14 . 64 feet; thence South 890 39 ' 29" West, a distance of 781 . 03 feet; thence North 0° 06 ' 21" West, a distance of 11. 76 feet; thence North 80° 20 ' 05" West, a distance of 36 . 86 feet; thence South 890 53 ' 25" West, a distance of 179 . 74 feet; thence South 770 37 ' 46" West, a distance of 36 . 77 feet; thence South 00 06 ' 45" East, a distance of 12 . 17 feet; thence South 890 53 ' 03" West, a distance of 659 . 96 feet; thence North 00 06 ' 57" West, a distance of 9 . 58 feet ; thence South 8710 27 ' 33" West, a distance of 36 . 99 feet; thence South 800 13 ' 04" West , a distance of 89 . 32 feet ; thence North 01, 07 ' 37" West , a distance of 70 . 11 feet to the POINT OF BEGINNING. LR: jz :crm LAND408/6847