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Home My WebLink AboutT-3729 - Agreement/Covenant - 6/20/2006 (2) CHICAGO P--nmobereq�uestolby 90080861 . UT ..MIN. PAST. F.-AMA c"7"''rk Fr ccl;.'an. -a J U L 121990 ll'o♦F�e3-Gcv; Cc fe 6103 Return to Civ Clerk,Fresr70 FRESNO COUNT'#•CALIFORNIA GALEN LARSON,County Recorder p0 FEE -------------------SPACE ABOVE FORYR��E�JSE - -------------- P.W. File No . 8846 Development Department UGM No. 327 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No. 3729 Mansionette Estates No . 18 RECITALS WHEREAS, Spalding G. Wathen and Della Wathen, husband and wife, as joint tenants , 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. 3729, consisting of One Hundred and Seven (107) lots and two (2) outlots; 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 P.W. File No . 8846 UGM No . 3729 Page 2 90080861 WHEREAS, the Subject Property is subject to UGM Park and Fire Station and Trunk Sewer fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno Municipal Code and Resolution No. 83-40 in the estimated amount Sixty-Six Thousand Eight Hundred Fifty-Four and 40/100 Dollars ($66 , 854 . 40) for the following : UGM Fire Station Fee Service Area No. 2 Zone District: R-1/UGM 36 . 28 Gross Ac @ $278 . 00/Ac $10, 085 . 84 UGM Neighborhood Park Fee Service Area No. 6 Zone District: R-1/UGM 36 . 28 Gross Ac @ $1, 132 .00/Ac - $41, 068 . 96 UGM Trunk Sewer Fee Service Area : Cornelia Trunk Line Zone District : R-1/UGM 35 . 28 Gross Ac @ $445 . 00/Ac = $15, 699 . 60 Total Estimated Amount $66, 854 .40; 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 Park and Fire Station and Trunk Sewer 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 P.W. File No. 8846 UGM No . 3729 90080861 Page 3 1. All UGM Park and Fire Station and Trunk Sewer 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. 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 transferrable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. J P.W. File No. 8846 90080861 UGM No. 3729 Page 4 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 . 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 . P.W. File No. 8846 90080861 UGM No. 3729 Page 5 ., DATED: '1111V 3. 1 AAn r Accepted by: COVENANTOR CITY OF FRESNO SPAULDING G. WATHEN and a Municipal Corporation DELLA WATHEN, Husband and wife, as Joint Tenants By Alvin P. Solis, iT7-Director BY. CZ !%- &2d Development Department Sp lding athen BY APPROVED AS TO FORM: Della Wathen ' HARVEY WALLACE City Attorney B Deputy (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On this 3rd day of July in the year 1990 , before me Cindy Hamby , personally appeared Alvin Solis , personally known to me (or proved to me on the basis of satisfactory , evidence) to be the person who executed this instrument as M Director of the Development Department and acknowledged to me that the City of Fresno executed it . JACQUELINE L. RYLE, CMC City Clerk ByG�-y. Gt rrrt Deputy LR: flh 6510D/642 STATE OF CALIFORNIA On this..+�.........,day of. Tin the year.\"� ....... ss. .......................................... .... ...................,before me, COUNTY OF...N •a ............. ....................a Notary Public,State of California, duly co issioned and sworn,p a eared................................... .... proved to me on the basis of satisfactory evidence) to be personally known to me ) the person....whose name......................................................... OFFICIAL SEAL subscribed to this instrument,and acknowledged that . . . . he . . . .executed it. DENISE L SHELL IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal c�c,.�,"•�^ NOTAR'r ='UGL": - CA!I�ORNIA f =SP;O C^:`�:i f in the.�.. .County of ' 1!':y co ;.^.,. e::pi;2s :, C 21, iSS: :.:.................................... .. ...................on the date set forth above in this certific This document is Only a penerr form which may be proper for use in simple transactions and in way aN,or is intended to act as a substitute for the advice on an attorney.The primer does not Notary Public,State of California make any warranty,either express or implied as to the"&I validity of any provision or the sueabikty Of these forma Many spmft 1lNBaCaorl. My commission expire Cowdery's Form No.32—Acknowledgement to Notary Public—Individuals—(C.C. Sec. 1189)—(Re ' MM r STATE OF CALIFORNIA On this..�.........day of.. .. .....,in the year.`` MO........ ss. ................................... .........................,before me, COUNTY OF.. ••••••••••••••••••••••••••••••••••••••••••••••••,aNotary Public,State ofCalifornia, duly co is o d and s o ,per onally appeared................................... �.. ............................................ _ personally known to me (or proved to me on the basis of satisfactory evidence) to be OFFICIAL SEAL the person....whose name......................................................... y,yte� DENIS= L SNELL subscribed to this instrument,and acknowledged that. . . . he. . . .executed it. NOTARY PUBLiC - CALN ORN(A IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal f2SP;•J C9_'P:Tf .................................................. Ny comm. expires i,.,u _l, 1.,92;� in the ..... County of s��=►+ on the date set forth above in this certific Thai doetxrnaa n only s pawn lone which may be proper for use in exrpb transactions and in no way aft.or m saendW to act as a substitute for the advxa on an atlaney.The printer does not Notary Public,State of California make any warranty.a Mr express ar implied as to the bpi validity deny prwwan ar the suitability of Vow alma in any apaUie transaction. My commission expire f- 620 Cowdery's Form No.32—Acknowledgement to Notary Public—Individuals—(C.C.Sec. 1189)—(Rev. y 90080861 SUBORDINATION The undersigned as holder of the beneficial interest in and under . that certain Deed of Trust recorded on May 15 19 90 in the off ice of the Fresno County Recorder in Book -r-'-- Page ----------- Document No. 90056096 of which Lhe Deed of Trust in by and between Spalding G. Wathen and Della .Wathen as Trustor, Verdugo Service Corporation, A California Corporate oRs Trustee, and Guarantee Savings, A Division of Glendale Federal, as Beneficiary, hereby Bank, Federal Savings Bank expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenant for UGM, Park, Fire Station and Trunk Sewer Fees and Creation of Lien. DATED: /` 3 19 �i d GUARANTEE SAVINGS, A DIVISION OF GLENDAL.E FEDERAL BANK, F.S.B. William A. Hedge - Vice President Penny L. Mi,�heli - Assistant Secretary (Attach Notary Acknowledyument) i ■ o (Corporation) GLEM]ALE FEDERAL BANKFS STATE OF CALIFORNIA ss. COUNTY OF FRESNO POID80861 On MAY 30, 1990 before me, the undersigne a Notary Public in and for said Itate, personally appeared -WTI I TAM A HEDGE ersonally known to me or proved to me on the basis of satisfactory evidence to be the person who xecuted the within instrument as VICE President, and PENNY I MICHEI I personally known to me or proved to me on the basis of OFFIOAL SEAL satisfactory evidence to be the person who executed BRENDA B. DAVIS the within instrument as ASSISTANT SECRETARY NOTARY PUBLIC-CALIFORNIA Secretary on behalf of the corporation therein named PRINCIPAL OFFICE IN and acknowledged to me that such corporation FRESNO COUNTY g p ,.)xecuted the within instrument pursuant to it's by- My Commisslan Expires Dec. 13.1991 laws or a resolution of it's board of di r ctors. WITNESS m hand and official e Signature GF 1252(L 12/89) (This area for official notarial seal) I 90080861 EXHIBIT "A" Lots 600, 601,602, 603, 604, inclusive, and Lots 635, 636, 637, 638 and 639, inclusive, of Bullard Lands Irrigated Subdivision No. 6, according to the map thereof recorded May 11, 1917, in Book 8 Pages 25 and 26, of Plats, Fresno County Records. ;l r