The URL can be used to link to this page

Home My WebLink AboutT-4675 - Agreement/Covenant - 8/17/2006 (2) ' MURNTO- 94193756 RECORDED AT REQUEST OF CITY OF FRESNO CENTRAL TITLE EOMtPANN DEVEWPUMM DEpARTMU4 xo 72oA 931-3604 Ik PAST M DEC 23 1994 FRESNO COUNTY,CALIFORNIA ok WILLIAM C.GREENWOOD,County Recorder PLEASE CONFORM Donita Ghimenti F BY DEPUTY RECORD _r_—_________ABOVE SPACE FOR RECORDER'S USE---------_ P.W. File No. 9689 Development Department UGM No. 459 City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN. Tract No. 4675 Phase H of Tentative Tract No. 4385 Cambridge Homes No. 4 RECITALS S 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. 4675, consisting of Ninety-Eight (98) 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 Statement of Covenants Tract No. 4675/UGM 459 Phase II of Tentative Tract No. 4385 Page 2 WHEREAS, the Subject Property is subject to UGM Fire Station and Pads fees pursuant to Sections 12-4.508 and 12-4.509 of the Fresno Municipal Code in the estimated amount of Forty-Four Thousand Eight Hundred Sixty-Six and 80/100 Dollars ($44,866.80) for the following: UGM Fire Station Fee Service Area No. 16 z Zone District: R-1/UGM 18.15 Gross Ac @ $1,242.00/Ac = $22,542.30 UGM Neighborhood Park Fee Service Area No. 4 Zone District: R-1/UGM 18.15 Gross Ac @ $1,230.00/Ac = $22,324.50 Total Estimated Amount $44,866.80; 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. 4675/UGM 459 Phase II of Tentative Tract No. 4385 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. 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. 4675/UGM 459 Phase II of Tentative Tract No. 4385 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: T.lor- �.� Zor 19034 COVENANTOR CITY OF FRESNO, a Municipal:Corpo7n CAMBRIDGE HOMES, a California General Partnership By Alv P. Solis, Director By: Central Pacific Builders, a California Development Department Corporation, General Partner APPROVED AS TO FORM: B Steve D. Lutton, President J . LOUG Ci AH ey By By Boren, Secretary Deputy By: Clovest, a California Corporation General P r y D y C. Clemmensen V c President By i)2:�eAh, dney B. Cbx, Secretary (Attach Notary Acimowledgment) LR:crm:LAND452/+7186 Revised: 11/09/94 State Of California RIGHT THUMBPRINT(Optimal) County Of Fresno On 11/22/94 before me Marie Avakian, Notary Public (GATE) INAME/TITLE OF OFFICER-i.a.'JANE DOE.NOTARY PUBLIC') a personally appeared Danny C. Clemmensen, Steve D. Lutton, INAMEISI OF SIGNERISII Kim Boren and Sidney B. COI{ CAPACITY CLAIMED BY SIGNER(S) OINDIVIDUALIS) OCORPORATE ® personally known to me -OR- ❑ proved to me on the OFFICER(S) rnr� basis Of satisfactory OPARTNER(S) OLIMrrED evidence to be the OGENERAL person(s)whose name(s) OATTORNEY IN FACT Is/are subscribed to the OTRUSTEE(s) within instrument and OGUARDIAN/CONSERVATOR acknowledged to me that OOTHER: he/she/they executed the same in his/her/their authorized capacity(ies), SIGNER IS REPRESENTING: and that by his/her/their (Name of Perwn(s)or Emotes) signature(s) on the instrumentthe person(s), or the entity upon behalf MARIE AVAKM of which the person(s) acted, executed the NDTCOMM. Ll8L AFpB►�AA CD instrument. RIGHT THUMBPRINT(Optional) m � PtIMVcC(• /�/y�� FRES MJNI\Ir J M)ICalnmbslonExp.Sepl21,)996 Witness my hand and official seal. (SEAL) iS T (SIGNATURE OF NOTARY) CAPACITY CLAIMED BY SIGNER(S) OINDIVIDUAL(S) O CORPORATE ATTENTION NOTARY OFFICER(S) The information requested below and in the column to the right is OPTIONAL. MTLM Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any OPARTNER(S) OLIMTTED unauthorized document. OGENEAAL OATTORNEY IN FACT THIS CERTIFICATE TNsorTy"ofDocunsnt Subordination Agreements & Recita]3MIUSTEE(s) MUST BE ATTACHED OGUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Papas Dan of Document OOTHER: DESCRIBED AT RIGHT: Signerle)Other Than Named Above SIGNER 18 REPRESENTING: (Name of Perwnls)or Entityl'we) WOLCOTTS f ORM 93240 Rev.ltu*i=dais 9-2A) 01994 WOLCOTTS FORMS.INC. ALL $E ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATION/TWO FINGERPRINTS 1[775I 6324 s • i Statement of Covenants Tract No. 4675/UGM 459 Phase II of Tentative Tract No.4385 Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On_ /2-/21 , 1994, before me, rsonall appeared OA, ,� /° personally known me (or provided t me on the basis of the evidence) to be the persons(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 instruments) the person(s), or the entity upon behalf of the CITY OF FRESNO of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. JACQUELINE L. RYLE, CMC CITY CLERK By D18PUTY LR:am:LAND452/+7186:GL2 L77-L89 Tract No.4675 P.W. File No. 9689 EXIBBIT 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: The South 610.00 feet of the Northwest quarter of the Southeast quarter of Section 22, 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. Together with the South 610.00 feet of Outlot A of Tract No.4282, Monte'Vista No. 30, according to the map ther+eaf recorded in Volume 54 at pages 17 and 18 of Plats,Fresno County Records. LR:dlk LAND456/+7199