HomeMy WebLinkAboutPM 1990-41 - Agreement/Covenant - 8/10/2006 92006100 OENT
Recording Requested by A (N. PAST M
City Clerk. Fresno. California
No Fee-Govt. Code 6103 JAN 23 1992
Return to City Clerk,Fresno
Fftwiv t.WN1r." tFORNIA
WILLIAM C.GREENWOOD,County R r
-------------------ABOVE SPACE FOR8KKw6RHF0§C s
Parcel Map No . 90-41 Development Department
P. W. File No . 5494 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK FEES
AND CREATION OF LIEN
(Parcel Map No . 90-41)
RECITALS
WHEREAS, Maple-Herndon Investment Group, a California Limited
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 on attached Exhibit "A"
and incorporated herein by this reference, consisting of 13 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 Thirty-Eight Thousand Seven Hundred Sixty-Two
Dollars and Seventy-Six Cents ($38, 762 . 76) for the following:
Covenant
Parcel Map No. 90-41 '.
Page 2 9200800
UGM Neighborhood Park Fee
Service Area No. 7
Zone District : R-P/UGM
1 . 57 Gross Ac @ $1, 268 .00/Ac = $1990 .76
Zone District : C-P/UGM
29 . 00 Gross Ac @ $1, 268 . 00/Ac $36 , 772 . 00
Total Estimated Amount $38, 762 .76; and
WHEREAS, Covenantor desires to have Final Parcel Map No . 90-41
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 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.
Covenant
Parcel Map No . 90-41
Page 3 92008100
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.
Covenant
Parcel Map No . 90-41
Page 4 92008100
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, COVENANTOR
a Municipal Corporation Maple- ;ral
Investment
Group fornia imited
• `� L Part
By �y GI
Alvin P. Solis, D rector By:
Development Department ald,
Partne
APPROVED AS TO FORM: By•
Gerald E. Meyer, of
HARVEY WALLACE General Partner
City Attorney
By (Attach Notary Acknowledgment)
eputy
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S'I'A're 01' CALIFORNIA)
COUNTY OF FRESNO )
On-_---August-_Z8----------------------- ......before me, the undersigned, a Notary Public in
and for said State. personally appeared ._.Gary..,j,.Mcnax)a Id--and---------------------------------
Laral.d.E...-Maye.r------------------------------------------------------------------------------------
personally known to me to be the persons) who executed this instrument as--the.-3cfin%.jCAeneLa.L_Partners
of the partners of the partnership that executed this instrument,and acknowledged to me that the partnership
executed it.
WITNESS my hand and official seal. OFFICIAL. SEAL
JOAN CYCON
-�,.- �k===s=----------- - ---------------------- 1110 COLN 11
J w Ctltt m a"W"NNW.IM
Covenant
Parcel Map No . 90-41 '92005100
Page 5
CLERK' S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss .
CITY OF FRESNO )
On thi� 3�h day of in the year /952- before
me , personally appeared
41.
personally known to me (or
proved to me on the basi of satisfactory evidence) to be the person
who executed this instrument as Director of the
Development Department and acknowledged to qne that the City of Fresno
executed it .
JACQUELINE L. RYLE
City Clerk
By
Deputy
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92008100
Property Description:
THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
AND THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 36 , TOWNSHIP 12 SOUTH, RANGE 20
EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF FRESNO,
COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED
STATES GOVERNMENT SURVEY.
TOGETHER WITH THAT PORTION OF DEARING AVENUE, A NOTICE OF
ABANDONMENT HAVING BEEN RECORDED FEBRUARY 21, 1989 , AS DOCUMENT
NO. 89018650, WHICH WOULD ACCRUE BY OPERATION OF LAW.
EXCEPTING THEREFROM THE SOUTH 76 FEET OF THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 36 , TOWNSHIP 12 SOUTH, RANGE
20 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE UNITED
STATES GOVERNMENT TOWNSHIP PLAT APPROVED BY THE SURVEYOR GENERAL
ON JUNE 21, 1854 .
ALSO EXCEPTING THAT PORTION OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 36 , DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST BOUNDARY OF THE SOUTHWEST
QUARTER OF SAID SECTION 36, SAID POINT BEARS NORTH 000 04 ' 04"
WEST 76 FEET FROM THE SOUTHEAST CORNER OF SAID SOUTHWEST
QUARTER; THENCE NORTH 890 54 ' 58" WEST, PARALLEL WITH THE SOUTH
BOUNDARY OF SAID SECTION 36 , A DISTANCE OF 130 FEET; THENCE
NORTH 8411 22 ' 24" EAST, A DISTANCE OF 70 . 35 FEET; THENCE NORTH
47' 03 ' 07" EAST, A DISTANCE OF 40. 91 FEET TO A POINT 30 FEET
WEST OF THE EAST BOUNDARY OF THE SOUTHWEST QUARTER OF SAID
SECTION 36 ; THENCE NORTH 890 55 ' 56" EAST, A DISTANCE OF 30 FEET
TO SAID EAST BOUNDARY; THENCE SOUTH 00' 04 ' 04" EAST, ALONG SAID
EAST BOUNDARY, A DISTANCE OF 35 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THE SOUTH HALF OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36 , TOWNSHIP 12
SOUTH RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY
OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO
THE OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THE SOUTH 76 FEET AS TAKEN BY THE COUNTY OF
FRESNO BY JUDGMENT OF CONDEMNATION RECORDED FEBRUARY 22 , 1979,
IN BOOK 7225 , PAGE 164 OF OFFICIAL RECORDS, DOCUMENT NO. 21538 .
ALSO EXCEPTING THEREFROM THAT PORTION OF THE SOUTH HALF OF THE
EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 36, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTH HALF OF THE
EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 36, SAID POINT BEING NORTH 00' 02 ' 52" EAST,
DISTANCE OF 97. 00 FEET FROM THE SOUTHWEST CORNER OF THE SOUTH
HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
EXHIBIT A PAGE 1 OF 2
.92008100
QUARTER OF SAID SECTION 36; THENCE NORTH 000 02 ' 52" EAST, ALONG
THE WEST LINE OF THE SOUTH HALF OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36 , A
DISTANCE OF 349 . 82 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE
OF NORTH MAPLE AVENUE AS DESCRIBED IN THE DEED FROM MUTUAL
LIFEINSURANCE COMPANY OF NEW YORK, A NEW YORK CORPORATION, TO
THE CITY OF FRESNO RECORDED AUGUST 22 , 1986, AS DOCUMENT NO
86096946 , OFFICIAL RECORDS OF FRESNO COUNTY; THENCE ALONG SAID
WEST RIGHT OF WAY LINE, SOUTH 090 31 ' 10" EAST, A DISTANCE OF
150 . 65 FEET; THENCE ALONG A CURVE TO THE RIGHT, CONCAVE TO THE
WEST, WITH A RADIUS OF 748 . 00 FEET, A CENTRAL ANGLE OF
090 28 ' 18" AND AN ARC LENGTH OF 123 . 65 FEET; THENCE SOUTH
000 02 ' 52" EAST, A DISTANCE OF 61 .48 FEET; THENCE SOUTH
440 54 ' 29" WEST, A DISTANCE OF 23 . 50 FEET TO A POINT 97 . 00 FEET
NORTH OF THE SOUTH LINE OF THE SOUTH HALF OF THE EAST HALF OF
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
36; THENCE SOUTH 890 51 ' 49" WEST, ALONG PARALLEL WITH THE SOUTH
LINE OF THE SOUTH HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SECTION 36, A DISTANCE OF 18 .39
FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SECTION 36, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH HALF OF THE NORTH
HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 36; THENCE SOUTH 000 04 ' 24" EAST, ALONG THE EAST LINE
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 36, A DISTANCE OF 270 . 00 FEET; THENCE SOUTH 890 58 ' 24"
WEST, PARALLEL WITH THE NORTH LINE OF THE SOUTH HALF OF THE
NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 36, A DISTANCE OF 1049 . 19 FEET; THENCE SOUTH
000 03 ' 23" EAST, PARALLEL WITH THE WEST LINE OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, A DISTANCE
OF 61 . 84 FEET; THENCE SOUTH 890 56 ' 37" WEST, A DISTANCE OF
270 . 00 FEET TO THE SOUTHWEST CORNER OF THE NORTH HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
36;THENCE NORTH 00' 03 ' 23" WEST, ALONG THE WEST LINE OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, A
DISTANCE OF 331. 98 FEET TO THE NORTHWEST CORNER OF THE SOUTH
HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 36; THENCE NORTH 89' 58 ' 24" EAST, ALONG
THE NORTH LINE OF THE SOUTH HALF OF THE NORTH HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, A
DISTANCE OF 1319 . 11 FEET TO THE POINT OF BEGINNING.
EXHIBIT A PAGE 2 OF 2
Parcel Map No- 90-41
APN 404-081-14, 15 92008100
SUBORDINATION
The undersigned as holder of the beneficial interest in and
under that certain Deed of Trust recorded on September 12
19-1-9 , in the office of the Fresno County Recorder in Book ------ ,
Page -------- (Document No. 1'89097792 of which the Deed of Trust
in by and between Maple-Herndon Investment Group, a California limited partnyership,
as Trustor, American National Bank
WELLS FARGO BANK, N.A. as successor in interest to
as Trustee, and - . N24AORM-3 Panic
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 (Parcel Map No.
90-41) .
r
DATED: July 3 191-1
By
Senio Vice President
By �---at- (3L. &ttpo o•-,
Assistant Vice President
(Attach Notary Acknowledgement)
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State of California )
SS.
County of Sacramento ) 32owl(jo
On this 3rd day of July, in the year 1991 before me the undersigned, a Notary
Public in and for said State, residing therein, duly commissioned and sworn,
personally appeared Patricia A. Thompson and Jay Stirling personally known to
me (proved to me on the basis of satisfactory evidence) to be the person who
executed the within instrument as Assistant Vice President and Senior Vice
President, on behalf of the corporation therein named and acknowledged to me
that such corporation executed the within instrument pursuant to its by-laws r
a resolution of its Board of directors.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,
in and for said County and State, the day and year first above written.
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