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Home My WebLink AboutPM 1992-12 - Agreement/Covenant - 8/15/2006 R � PLEASE COAirORM KLMEJh; ftwwf ur 93028563 Gommwfta UNW TITU AT MIN. PASM FEB 2 6 1993 ITF FKWOU WUJAM C.OAEEWWOOD.Courcy -------------------ABOVE SPACE JWDERM --------------- Parcel Map No. 92-12 Development Department P. W. File No . 5494 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN (Parcel Map No . 92-12) RECITALS WHEREAS, SPIEKER-FRENCH-BLAKE NO. 263 PARTNERS, 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 on attached Exhibit "A" , consisting of 2 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 and Fire Station fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno Municipal Code in the estimated amount of Forty-Two Thousand Six Hundred Forty-Eight and 54/100 Dollars ($42 , 648 . 54) for the following: Statement of Covenants Parcel Map No . 92-12 Page 2 UGM Fire Station Fee Service Area No. N/D Zone District : C-2-UGM 19 . 69 Gross Ac @ $1, 600 . 00/Ac - $31, 504 . 00 UGM Neighborhood Park Fee Service Area No. 6 Zone District : C-2-UGM 19 . 69 Gross Ac @ $566 . 00/Ac $11, 144 . 54 Total Estimated Amount $42, 648 . 54 ; and WHEREAS, Covenantor desires to have Final Parcel Map No. 92-12 subdividing the Subject Property approved by the City of Fresno; and WHEREAS, Covenantor desires to defer payment of the UGM Park and Fire Station 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 and Fire Station 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. Statement of Covenants Parcel Map No . 92-12 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. PARTNERSHIP ACKNOWLEDGMENT /� 7� NM 20 State of CALI On this the day of �P00097"—O L' 19-M before no, County of ALRM EDRL/E Y/[_t/�NVE✓A ; the undersigned Notary Public,personally appeared 9410ersonally known to me ❑ proved to me on the basis of satisfactory evidence lfiilE to be the person(s)who executed the within instrument on behalf of the CONK-NINIs partnership,and ackno)091ged to m at the partnership executed it. NNrr pubsoCalbe>i. WITNESS my hand ficial se ALAAEDA COUNTY MUM�o 0 449=.Me Notary's gn r y L/ - --------- --------- 7130122 NATIONAL NOTARY ASSOCIATION.7!012 VW*Xa dk%L•P.O.8=4M•YV00 1 "Mk G"31 STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On 1993 before me, a"� cL.rr � personally appeared �Z,l -c'y'U1 Z&t.�1. 2 t�,r CLL rz F-yl yL. t Lr�C.TG't] personally known to me (or proved to me on the basis of satisfactory evidence) to be the person($1 whose name VI islace subscribed to the within instrument and acknowledged to me that he/sem executed the same in hisAerAthwi-r- authorized capacity(ie4, and that by his/her,lthai.�signature(X) on the instrument(,V) the person() , or the entity upon behalf of the CITY OF FRESNO of which the person(pO acted, executed the instrument. WITNESS my hand and official seal. JACQUELINE L. RYLE, CMC CITY CLERK 13y c �Z GL�C�1 ffQ »Li - J. DEPUTYJ State of California ) County of Santa Clara ) On December 4, 1992 before me, Stacy Lunardi , personally appeared Kristin A. Lamson, VP 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 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 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W S y hand and official seal. OFFICIAL SEAL STACY LUNAADt Signatur ; NOTM PURR-CALFOW Pffl"AL OFFICE N SANTA CUHA COUNTY �_ My Commiaw Eras Oa.1.1914. Statement of Covenants Parcel Map No. 92-12 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: �� 3 Z CITY OF FRESNO, COVENANTOR a Municipal Cor o ation SPIEKER-FRENCH-BLAKE NO. 263 By PARTNERS, a California General Alv n P. Solis, Director Partnership Development Department APPROVED AS TO FORM: By: t4iffldp . B1a JAMES P. LOUGH General Partner City Attorney By ��,�.�..� (Attach Notary Acknowledgment) Deputy Statement of Covenants Parcel Map No . 92-12 Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On this day of in the year before me J. 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 Deputy RFD:crm LAND333/+5272 GL2 L25 or L27 and L29 EXHIBIT "A" DESCRIPTION PARCEL 1• All of Lots 928 and 929 and the South 213 . 17 feet of Lots 910 and 911 of Bullard Lands Irrigated Subdivision No. 6, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume 8 at Page 25 of Plats, Fresno County Records . EXCEPTING therefrom the South 46 feet of said Lots 928 and 929 . PARCEL 2: Lots 909 and 930, Bullard Lands Irrigated Subdivision No. 6, in the City of Fresno, County of Fresno, State of California, as per map recorded in Book 8 at Pages 25 and 26 of Plats, Fresno County Records . EXCEPTING from said Lot 930, the South 46 feet thereof . ALSO EXCEPTING therefrom the North 419 . 44 feet thereof . RFD:crm LAND333/+5272 Parcel Map No. 92-12 APN 415-040-32, 34 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on August 12 , 19-92-01 in the office of the Fresno County Recorder in Book n/a , Instrument Page n/a Document No. 92112677 of which the Spieker-French-Blake #263 Partners, Deed of Trust in by and between a California General Partnership as Trustor, Union Bank, a California Corporation , as Trustee, and also , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for UGM Park and Fire Station Fees and Creation of Lien (Parcel Map No. 92-12) . DATED: q7 19 q Z- UNION BANK, a California Corporation BY: Kristin A. Lamson, Vice President (Attach Notary Acknowledgement) RFD:crm LAND333/+5272 GL2 L90