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Home My WebLink AboutPM 1988-52 - Agreement/Covenant - 8/21/2006 f AT 4 PAST M 91159135 DEC 2 7 1991 i LEAS, Fh�..ev vVIJM V.VAUFORN A WILLIAM C.GREENWOOD,County Reowdtr FEE -------------------ABOVE SPACE FORB��NRDpEB - -- ------------ Parcel Map No. 88-52 Development Department P. W. File No . 5494 City of Fresno APN 303-200-65 , 66 STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN (Parcel Map No . 88-52) RECITALS WHEREAS, COLBURN R. THOMASON, VALDENE THOMASON, SCOTT C. ELLIS, SPALDING G. WATHEN, DELLA WATHEN, GLORIA WATHEN AND GLORIA M. WATHEN, TRUSTEE OF THE RICHARD G. WATHEN TESTAMENTARY TRUST, 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 on the attached Exhibit A, consisting of 10 parcels; 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 Twelve Thousand Five Hundred Fifty-Seven and 29/00 Dollars ($12 , 557 .29) for the following : Statement of Covenants Parcel Map No. 88-52 --- Page 2 C UGM Neighborhood Park Fee (��oo 7jlD Service Area No . 1 Zone District: CP-UGM 22 . 79 Gross Ac @ $551 . 00/Ac $12, 557 . 29 Total Estimated Amount $12, 557 . 29 ; and WHEREAS, Covenantor desires to have Final Parcel Map No . 88-52 subdividing the Subject Property approved by the City of Fresno; and WHEREAS, Covenantor desires to defer payment of the UGM Park and fees until such time that the issuance of building permits are 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 Parcel 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 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 . Statement of Covenants Parcel Map No . 88-52 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 Parcel Map No. 88-52 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: CITY OF FRESNO, COVEN T RS a Municipal Corporation By urn R. Thoma on Alvin P. Solis , Director Development Department By Valdene mason APPROVED AS TO FORM: HARVEY WALLACE �-- City Attorney cott C. Elli 14 By By Deputy Sp ding G Wathen- By �61,�)'-z�-- Della Wathen C1 By -----_G1dria Wathen RICHARD G . WATHEN Testamentary Trust 1 -G oria M. Wathen, Trustee (Attach Notary Acknowledgment) RFD: jjw LAND221/+3542 GL2 L25 or L27 and L29 (. . .11fRj•'�.'. .J:�'• Sst i.`,1' "P" •',�� a -s',�N�=k b `°` t.. ..�dw efKi y��f�t`y, ��' c .4� iit• z.•• - , v,,•j k'. 'S �.,.1 rt •yr..�.a'r... t,a�1 •� •. f �4 i .? k M� va�• •�� r - 'ms '� C' tt t.R. '. K�'A{�� fi+ i��c�ft,�' i�C�i"��t�d•+K;!'�,y4.�tt��a��,��1. ..�i ��i4'y�l�lrt�tf "►. '�? •'t.. ,. t � .' _i�i4,�r�y��i.i�!'i\.w�F�` �1.4•�'QW4, li^`v r _� � .C: t`. , ♦ i' Yi . 41 ido 4- STATE OF CALIFORNIA COUNTY OF FRESNO On December 20 , 1991 , before me , Christine Lynn Evanko , a Notary Public in and for said state , personally appreared Colburn R. Thomason , Valdene Thomason, Scott C . Ellis , Spalding G . Wathen. Della Wathen , Gloria Wathen and Gloria M . Wathen, Trustee of the Richard G. Wathen Testamentary Trust , Personally known to me ( or proved to me on the basis of satisfactory evidences ) to be the persons whose names are subscribed to the within instrument and acknowledges to me that they executed the same in their authorized capacitier, and that by their signatures on the instrument the persons , or the entity upon behalf of which the persons , or the entity persons acted, executed the instrument. SNE lYIVNI -WON WITNESS my hand and official seal FE90 M1 Com EimsptY31.199 Christine LyKn van o ( Notary Seal ) r„ Statement of Covenants Parcel Map No . 88-52 Page 5 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On thi day of in the year before me 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 J By Z� Deputy RFD: jjw LAND221/+3542 GL2 L25 or L27 and L29 EXHIBIT "A" Page 1 of 2 ---- That portion of Parcel D of Parcel Map No. 77-50, according to the map thereof recorded in Book 29, Pages 3 and 4 of Parcel Maps, Fresno County Records, the East half of Lots 167 and 168 and the South 5 acres of the East half of Lot 166 of Perrin Colony No. 2, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume 4, Page 68 of Plats, Fresno County Records. Together with that portion of vacated North Raisina Avenue as ordered vacated in that certain Resolution No. 84-78 of the Council of the City of Fresno, California, ordering the vacation of a portion of North Raisina between First Street and Herndon Avenue; and a portion of the Herndon Avenue frontage road between Orchard and First Street, recorded January 20, 1987, as Document No. 87007514, which would pass by a conveyance of said land under Section 1112 and 831 of the Civil Code, described as follows: i Beginning at the Northwest corner of said South 5.0 acres of the East half of Lot 166; thence South 89052'38" East along the North line of said South half, a distance of 643.41 feet to the West line of North First Street; thence along said West line , South 00023'45" West a distance of 119.63 feet to the beginning of a curve concave + to the Northeast having a radius of 603.00 feet; thence Southeasterly along said curve through a .central angle of 120 33' 25" an arc distance of 132.15 feet; thence ' along a non tangent line, South 310 23' 50" West, a distance of 15.10 feet to the beginning of a non tangent curve concave to the Northeast having a radius of 613.50 feet, a radial line through said non tangent point bears South 760 49' 02" West; , thence Southeasterly along said curve through a central angle of 70 51' 04" an arc idistance of 84.07 feet; thence along a non tangent line, South 650 47' 05" East a idistance of 15.05 feet to the beginning of a non tangent curve concave to the Northeast having a radius of 603.00 feet, a radial bearing through said non tangent point bears South 67' 57' 02" West; thence Southeasterly along said curve through a central angle of 280 33' 17" an arc distance of 300.52 feet; thence South 500 36' 15" East a distance of 220.03 feet; thence South 84° 27' 10" West a distance of 14 .16 feet; thence South 390 23' 45" West a distance of 255.05 feet to the beginning of a curve concave to the Northwest having a radius of 284.00 feet; thence Southwesterly along said curve through a central angle of 440 46' 40" an arc distance of 221.95 feet to the non tangent intersection with the East line of the Southwest quarter of Section 34, Township 12 South, Range 20 East, Mount Diablo Base and Meridian; thence South 000 23' 45" West along said East line a distance of 596.86 feet; thence North 890 53' 48' West a distance of 40.00 feet; thence South 00° 23' 45" West a distance of 28.00 feet; thence North 890 53' 48" West a distance of 347.53 feet; thence North 440 53' 48' West a distance of 16.97 feet; thence North 890 53' 48' Wes+ r DESCRIPTION a distance of 228.00 feet; thence North 440 43' 17" West a distance of 14.11 feet; thence North 000 24' 08" East a distance of 5.99 feet; thence North 890 53' 48" West a distance of 36.00 feet to the Southwest corner of the East half of said Lot 168; thence North 000 24' 08" East, along the West line of the East half of said Lots 166 through 168, a distance of 1627.23 feet to the point of beginning. Page 2 of 2 r Parcel Map No. 88-52 APN 303-200-65, 66 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on November 4 19 76 , in the office of the Fresno County Recorder in Book 6684 , Page 678 Document No. 97882 of which the OOI= R. 'I MSCN, VXMM Uffi SCN, SCUIT C. II 1-1 Deed of Trust in, by and between SPALDI% G. WAUTN, 101A WA'IHEfiIV, GUJRIA WAUTN, & GLWA M. WAM, M= OF THE RICHARD G. WAUTN TMWENI'j as Trustor, GUARA= FINANCIAL OORFMAT N , as Trustee, Tyr and GUARA= SAVINGS & LOAN as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for UGM Park Fees and Creation of Lien DATED: /67 ' 3 , 19 Asst. V.P. Asst. Secreta GLWALE FIZL RAW, A F=,AL SAVINGS RANK SUCCESSOR LSI 'IRUSt TO GUARAN= SAVINGS & LDAN (Attach Notary Acknowledgement) RFD: jjw LAND221/+3542 GL2 L99a-b ' ,1.�a.•.. (, - ... .. - � oft ,+1 as f� r },i _ _ ,._ •�f Y ..,�: -.. f� i��r,.�[!� ,�• Tart � y _t - Y •' _ t a ♦ ••arae !; .i a .. f ll'i -!! a�r• Y �•,, w Y'a iY y } ]� { _.; • > ,y. ,t .Z,i a r,t fit. int. a f 1.s a. ^ >' S c' a(` •H1•{h a t •�a •,,. J.. } }aff [ i a r f.t.s T a 1,� t.. �. .1°a 't)� �+'.Tt 9� ♦. .� 4•,.� -. � .�` �_ ... a.Y. � at 5 d•�'.i Y�1 .r,� VY � r V••7•.S �fju3 a' t , L Ia s•• �,(� art• •at , v •yl, .1 _a. ,. n i .s.•�CYtiM4 W z .� STATE OF CALIFORNIA COUNTY OF Fresno On December 23 , 1991 before me, ChriStime Lynn Evanko a Notary Public in and for said state, personally appeared Penny L . Micheli ASSE. Secretary William Hedge Asst Vice PrpairiPnr 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 acknowledges to me ' ' that he/she/they executed the same in his/her/their authorized capacity(ier) , 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. %== a OFFICIr�L SEAL WI E my hand and o ficial seal CHRISTINE LYNN EVAN WTMY rueuc•uuFORNR FRESNO COUNTY L L w Ow n.Eipees Oct 31.1994 Ma ignature)