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Home My WebLink AboutT-3542 - Agreement/Covenant - 7/3/2006 (3) CITY OF FRESNO 9 3 0 3 3 3 3 6 SIR r AMERICAN TiT Nrr- DEVELOPMENT DEPARTMENT 2600 Fresno street ATZV. PAST . FRESNO CA 93721-3604 444 MAY 17 1993 POFW 1M""C.OREENWOODC IFEE 414- -p- - - PLEASE CONFORM ayD PUTYRMOgp $ -------------------ABOVE SPACE FOR RECORDER'S USE------------------- P.W. File No . 9493 Development Department UGM No. 403 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN Tract No. 3542 RECITALS WHEREAS, JOAQUIN VALLEY ESTATES CORPORATION, a California Corporation, 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 . 3542 , consisting of One Hundred Seventy-Five (175) 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;ieee 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 Fire Station and Park fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno Municipal Code excepting Lots 4 , 5, 6, 7, and 8 , in the estimated amount of Seventy-Nine Thousand Nine Hundred Sixty-Seven and 84/100 Dollars ($79 , 967 . 84) for the following : Statement of Covenants Tract No . 3542 Page 2 UGM Fire Station Fee Service Area No. 15 Zone District : R-1/UGM 36 . 80 Gross Ac @ $605 . 00/Ac $22 , 264 . 00 Less Early Issuance of Building Permits for Lots 4 , 5 , 6 and 8 [$ 809 .221 [Net Fire Station Fees Deferred by Covenants] $21, 454 . 78 UGM Neighborhood Park Fee Service Area No. 2 Zone District : R-1/UGM 36 . 80 Gross Ac @ $1, 650 . 00/Ac - $60, 720 . 00 Less Early Issuance of Building Permit for Lots 4 , 5, 6, 7, and 8 [$ 2 ,206 . 941 [Net Fire Station Fees Deferred by Covenants] $58, 513 . 06 Total Estimated Amount $79 , 967 . 84 ; 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 . 3542 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 Cityt--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 . Statement of Covenants Tract No . 3542 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 F this Statement, any gender includes the other genders, the singular includes the plural, and the plural includes the singular . DATED: !It/9 93 CITY OF FRESNO, COVENANTOR a Municipal Corp tion Joaquin Valley Estates Corp. a California Corporation By Alvin Solis, Director Development Department By: (\1]Le0W0elAlvarado APPROVED AS TO FORM: President JAMES P. LOUGH City Attorney --. ` By Kent Kunz By 3 f Secretar / p ty �. v (Attach Notary Acknowledgment) Statement of Covenants Tract No . 3542 Page 5 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On �� 1993 before me, ` /7-t personally a peared C(c :Jc�L; .1 /7.t personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose name( is/ate. subscribed to the within instrument and acknowledged to me that he/sbe-/ ey executed the same in his/hz4t � authorized capacity(ie-s) , and that by his/i"_."_ham= signature(A) on the instrument(,W) the person(X) , or the entity upon behalf of the CITY OF FRESNO of which the person(,$) acted, executed the instrument . WITNESS my hand and official seal . JACQUELINE L. RYLE, CMC CITY CLERK By 61 DEPUTY MB:LR:nfm: crm LAND345/+5407 GL2 L25 or L27 and L29 Revised: 04/15/93 � z - ALL-PURPOSE ACKNOWLEDGMENT No.5179 ) State of_ CAPACITY CLAIMED BY SIGNER County of ��Q�nc INDIVIDUAL 2-q11�I ' IQ� , �vC�Pt�J PU�U Cr CORPORATE On / before me, _L�1 � OFFICER(S) DATE NAME.TITLE OF OFFICER-E.G,'JAAE DOE.NOTARY PUSUC' TME(S) R- K g n t .K n Z ❑ PARTNER(S) ❑ LIMITED personally appeared NAME(S)o sICNEA(s) ❑ GENERAL personally known to me-OR-[I proved ATTORNEY-IN-FACT proved to me on the basis of satisfactory evidence ❑ ATTORE(S) to be the person(s) whose name(s) is/are subscribed to the within instrument and ❑ GUARDIAWCONSERVATOR acknowledged to me that he/she/they ❑OTHER: executed the same in his/her/their PiAT,;IiE METHOD '0 authorized capacity(ies), and that by d� Ccnm.#969100 NcrARY PUBLIC cALFORnrA his/her/their signature(s) on the instrument Fresno CMty D the person(s), or the entity upon behalf of SIGNER IS REPRESENTING: My Comm Zx;fires J il.5.1996 -A NAME OF PERSON(S)OR ENTM(ES) which the person(s) acted, executed the instrument. Wftne h d and o 'cial s -----f- SIGNATLRiE of wo ARY ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate tD an unauthoraad document THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other than Named Above 01992 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91304-718 ALL-PURPOSE ACKNOWLEDGMENT No.5179 State of h �T— CAPACITY CLAIMED BY SIGNER County of �`�Dnc) INDIVIDUAL COR1 On – i2 before me, OFFICER(S)E DATE %AME,TITLE OF OFFICER-E.Q.'J E DOE.NOTARY PUBLIC' TITtE(S) j Q�n((�� A�varaaC ❑ PARTNERS) ❑ LIMITED personally appeared L_ OF SIC�IVER(S) 1 ❑ GENERAL ❑ ATTORNEY-IN-FACT personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence ATTOR ❑ ATTORE(S) to be the person(s) whose name(s) is/are j' subscribed to the within instrument and ❑GUARDIAWCONSERVATOR l acknowledged to me that he/she/they ❑OTHER: haTi:,lE METHODexecuted the same in his/her/their Comm.1"969100 � authorized capacity(ies), and that by t g�ti ncrARr�:a�lc c:.�FcanA his/her/their signature(s) on the instrument Fres-,COLI^y D the person(s), or the entity upon behalf of SIGNER IS REPRESENTING: -o�� 1 y rT._x�res::t.5.1956 NAME OF PERSON(S7 OR ENTTTY(ES7 which the person(s) acted, executed the instrument. Witne ha and o 'cial eal. SIGNATURE OF ARY ATTENTION NOTARY:Ald�ough the information rwfmied below' OPTIONAL.it oouid prevent fraudulent acadunent of this certificate to an unauttwrized doo=wnt. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other than Named Above 01992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91304-718- EXHIBIT "A" LEGAL DESCRIPTION Parcel 1 of Parcel Map No . 5676, according to the map thereof recorded in Book 37 of Parcel Maps at Page 30, Fresno County Records . Parcel 3 of Parcel Map No . 5675 , according to the map thereof recorded in Book 37 of Parcel Maps at Page 29 , Fresno County Records. TOGETHER with that portion of Lot 23 of Newhall Tract, according to the map thereof recorded in Book 2 , Page 42 of record of surveys, Fresno County Records, described as follows : BEGINNING at the northeast corner of said Lot 23 , said corner being on a line 20 .00 feet west of and parallel with the east line of the southwest quarter of Section 18, Township 14 South, Range 21 East, Mount Diablo Base and Meridian; thence westerly, along the north line of said Lot 23 , a distance of 790 .26 feet; thence southerly at right angles to said north line, a distance of 70 . 39 feet; thence easterly, parallel with and 70 . 39 feet south of the north line of said Lot 23, a distance of 786 . 94 feet to the east line of said Lot 23; thence northerly, along said east line, a distance of 70 . 47 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM that portion of Parcel 1 of Parcel Map No. 5676, according to the map thereof recorded in Book 37 of parcel maps at page 30, Fresno County Records , described as follows : BEGINNING at the southwest corner of said Parcel 1; thence North 000 09 ' 57" West, along the west line of said Parcel 1, a distance of 660 . 19 feet; thence South 030 16 ' 23" East, a distance of 659 . 22 feet to a point on the south line of said Parcel 1; thence South 860 43 ' 37" West, along said south line, a distance of 35 . 79 feet to the POINT OF BEGINNING. MB:LR:nft: crm:et LAND345/+5795 Tract No . 3542 P.W. File No . 9493 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on January 19 1993 , in the office of the Fresno County Recorder in Book , Page Document No . 93-0008083 of which the Deed of Trust in, by and between �n valley mates q?gE!2!jcn, a Cali.ftrdn g2UF atim as Trustor, G31•T C1e�r Mxtgag Service, I=., a CCAlifarnia Omp- , as Trustee, and Fewlution Mist Cxpwatiai, a ec rp=-&=m oLgalliaed ** a s Bene f is i a ry, he reby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for UGM Fire Station and Park Fees and Creation of Lien for Tract No . 3542/UGM 403 . DATED: May - 19_9:i__ **and exdstirg u xkm tie laws of the lasolutirs TrMt O=po¢aticn, as Cbrservatar of Uuted States of Xmrica, solely in its Comet , a federal m1ml cavity as 0=nr%eter of Great A r ricm Fedettal Swkrjs Awa:iaticn, a federal ✓ m&al sa&sgs assodat" . Charles C. Mann, Credit Specialist STATE OF 41%L�F NIA us COUNTY OF' 247,66 S.S. W . 8 On before me, Y a Not liC in , for 4 unt State,personally appeared FOR NOTARY SEAL OR STAMP C.- iV '• jb, / personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose names)Ware subscribed to the within instrument and acknowledged to me that he/sheAhey executed OFFiCIAi NOTARY SEAL the same in his/her/their authorized capedty(les).and that by his/herAheir :` RENEE M.LAWSON signature(s)on the instrument the person(s),or the entity upon behalf �'fs Notary public Ca*rt±ia of which the person(s)acted,executed the instrument. SAN DIEGO MUNTY My Comm.Expves JUL 04,1%{ WITNESS my hand and official seal a Signature F 2492(55-91)