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Home My WebLink AboutT-3987 - Agreement/Covenant - 6/26/2006 (2) • 91159842 A MInt pgST M DEC 3 0 1991 Fhl—..— -_.A a ,_p,_rORNIA WILLIAM C.GREENWOOD,CiP- ' PREA►GE CONFORM � BYD 9-------------------ABOVE SPACE FOR RECU� --------------- P.W. File No . 8701 Development Department UGM No. 442 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No . 3987 (Including 14 Planned Development Lots) RECITALS WHEREAS, RIVERVIEW ESTATES, a 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 -in attached Exhibit "A, " said property being further subdivided by the final map of Tract No . 3987, consisting of Thirty-Five (35) 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 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 Five Thousand Three Hundred Thirty-Three and 96/100 Dollars ($5, 333 .96) for the following : STATEMENT OF COVENANTS UGM FEES DEFERRAL T-3987/442 Page 2 UGM Neighborhood Park Fee Service Area No. 6 Zone District : R-1/UGM 2 .09 Gross Ac @ $1, 132 . 00/Ac $2, 365 . 88 Service Area: 6 Zone District: R-1-C/UGM 5 . 96 Gross Ac @ $498 . 00/Ac = $2, 968 . 08 Total Estimated Amount $5 , 333 . 96; 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 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 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. 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 . STATEMENT OF COVENANTS UGM FEES DEFERRAL T-3987/442 Page 3 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 . 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 UGM FEES DEFERRAL T-3987/442 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, COVENANTOR a Municipal Cor ration RIVERVIEW ESTATES, a Partnership By By Bargain Homes , a California Alvin Solis, Director Corporation, Partner Development Department By APPROVED AS TO FORM: Victor Ro vsky, P5ps4rdent HARVEY WALLACE City Attorney By Better Homes, a California C Corporation, Partner By Deputy By CSta'fifej, L. Span esident (Attach Notary Acknowledgment) CLERK' S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On this ZOH' day, of in the year 0}2/ 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 By C4.-�!26 IYtL�lI LR: jjw: jld:LAND189/+3037 Deputy GL2 L25 or L27 and L29 STATE OF CALIFORNIA ) ) ss . COUNTY OF FRESNO ) On2Z6&6,: -2 fi9/before me, the undersigned, a Notary Public in and for s id 'State , personally appeared VICTOR ROZNOVSKY personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President of BARGAIN HOMES INC. , the corporation that executed the within instrument on behalf of RIVERVIEW ESTATES , the partnership that executed the within instrument , and acknowledged to me that such corporation execut- ed the same as such partner and that such partnership executed the same. �FPCAL SEAL WITN SS my hand nd official seal. ANGELA IS q NOTARY PUBLIOCA!_IFO!m!A PRiNC1PA1.OFFICE IN FRESNQ COUNTY i m. commissian FxD•rygi•16 1992 Notar ublic (This area for official notarial seal ) STATE OF CALIFORNIA ) ) ss . COUNTY OF FRESNO ) t On M1,11I IL/faT �y/ before me, the undersigned, a Notary Public in and for said State , personally appeared STANLEY SPANO personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President of BETTER HOMES, INC. , the cor- poration that executed the within instrument on behalf of RIVER- VIEW ESTATES, the partnership that executed the within ins"--ru- ment , and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. CFO ICTAL SEAL WITNESS my hand and official seal. - ANGELA J.BROWN NOTARY PUi3'.,%� �trUR1J1 pRINC1�A!_OF,!CE IN t FRUaNO C( JNTY c SyT.ap.kov.16,1992 Notar ublic (This area for official notarial seal) • EXHIBIT "A" The Subject Property referred to in these covenants is situated in the State of California, County of Fresno, City of Fresno and is described as follows : A portion of Parcel "C" of Parcel Map No . 79-16, recorded in Book 31 of Parcel Maps at Pages 87 through 98 , Fresno County Records, in the City of Fresno, County of Fresno, State of California, described as follows : BEGINNING at the Northeast corner of Tract No . 4134 , according to the map thereof recorded in Volume 50 of Plats at Pages 4 and 5, Fresno County Records; thence North 890 41 ' 04" West, along the North line of said Tract No. 4134 , a distance of 287 . 54 feet to a point on the Southeasterly right-of-way line of North Del Mar Avenue, the beginning of a 667 . 00 foot non-tangent curve, concave to the Northwest, a radial to said beginning bears South 480 01 ' 23" East; thence Northeasterly along said curve, along said right-of-way line, through a central angle of 090 26 ' 4011 , an arc distance of 109 . 95 feet to the beginning of a 50 . 00 foot compound curve, concave to the West, a radial to said beginning bears South 57' 28 ' 03" East; thence Northerly along said curve, continuing along said right-of-way line, through a central angle of 88' 56 ' 24" , an arc distance of 77 . 61 feet; thence tangent to said curve North 560 24 ' 27" West, a distance of 234 . 29 feet to the beginning of an 865 . 00 foot tangent curve, concave to the Southwest; thence Northwesterly along said curve, through a central angle of 04' 37 ' 3811 , an arc distance of 69 .86 feet; thence tangent to said curve, North 61' 02 ' 05" West, a distance of 11 . 50 feet to the most Southerly corner of Tract No . 3781, according to the map thereof recorded in Volume 49 of Plats at Pages 9 through 11, Fresno County Records, thence North 27' 59 ' 28" East, along the East line of said Tract No. 3781, a distance of 94 .00 feet; thence North 26' 36 ' 05" East, continuing along said East line, a distance of 93 .00 feet; thence North 20' 58 ' 06" East, a distance of 96. 00 feet ; thence North 13' 39 ' 17" East, a distance of 92 .02 feet; thence North 11' 37 ' 54" East, a distance of 93 .00 feet; thence North 08' 04 ' 58" East, a distance of 89 .00 feet; thence North 03' 40 ' 43" East, a distance of 86 . 00 feet; thence North 07" 24 ' 22" East, a distance of 108 . 63 feet to the Southerly right-of-way line of West Peace River Drive; thence South 66' 52 ' 15" East, along said right-of-way line, a distance of 22 .53 feet; thence North 230 07 ' 45" East, along the Southeasterly line of said Tract No. 3781, a distance of 50 . 00 feet; thence North 26' 45 ' 51" East, continuing along said Southeasterly line, a distance of 50 . 05 feet; thence North 360 49 ' 21" East, a distance of 30. 64 feet; thence North 56 ' 31 ' 51" East , a distance of 98. 00 feet; thence North 87' 26 ' 36" East , along the Southerly line of said Tract No. 3781, a distance of 93 . 00 feet to the Easterly line of said Parcel "C" ; thence South 050 42 ' 36" East, along said Easterly line, a distance of 93 . 64 feet; thence South 02' 10 ' 53" East, continuing along said Easterly line, a distance of 1119 . 14 feet TO THE POINT OF BEGINNING. LR:jjw:LAND-189/3041 Tract No . 3987/UGM 442 P.W. File No . 8701 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on 197-L, in the office of the Fresno County Recorder in Book Page Document No. 9ZZ,6-1) o,?-S� of which the Deed of Trust in by and between -41VE�qyiEu) 9-57 as Trustor, CDNJMER[��E .SLU �tQS Can n as Trustee, and 46'aX�0 .=_A;&'0-=s4i6 as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest S�c.ferriea{ d� r!over�a.��s thereto to the foregoing t for Tract No . 3987 . DATED: ��_G�M, Fes. �D 19-��-- )V n Exec ive Vicb "President ,may- ,��c� ��' ��►�; �� (Attach Not-ary Anknnw1 e7,dnPmPnf- 1 STATE OF CALIFORNIA ti COUNTY OF Fresno } S.S. . w U' J On December 10, 1991 before me, the LndersignPd < a Notary Public in and for said County and State,personally appeared FOR NOTARY SEAL OR STAMP o Donald J. Fish Diane L. Decker LL personally known to me(or proved to me on the basis of satisfactory cc W 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 EMMA KATAOKA the same in hisiher/their authorized capacity(ies),and that by his/her/their : NOTARY PUBLIC-CALIFORNIA signature(s)on the instrument the person(s),or the entity upon behalf PRINCIPAL OFFICE IN of which the person(s)acted, executed the instrument. FRESNO COUNTY WITNESS my hand and official seal MY Commission Ezo.Feb.25.1991 Signature F2492(5.91) Lgnma ataoka 1 Tract No . 3987/UGM 442 P.W. File No . 8701 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on EG;r�MP�L�2 , 197-L, in the office of the Fresno County Recorder in Book , Page Document No . 9��o'S�U a? of which the Deed of Trust in by and between 7?i✓E',QVIE�ISz��,.s as Trustor, SF_Lu, ;=r Ms can n as Trustee, and 6W444 0 �= as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest 6r4 Ae.mesoj( ak vena,, s thereto to the foregoing t for Tract No. 3987 . DATED: -As r &MEat lO 19 ,$1g 4 _ A O Chi '*Execiklve Vicie 'President' (Attach Notary Acknowledgement) LR:jjw LAND189/+3040 GL2 L90 4� 6��^C f.\. � h ��sv M'� ;`�,IfY' �rl•�.i-r� p��',,rt •�� a r ti � , ��. - ./ J^[,a��> >�''� ,iitY}�1' rl--:�♦. �• `..;`J '•lir . STATE OF CALIFORNIA COUNTY OF Fresno } S.S. On December 10. 1991 before me, t.hp undprsi_g pd a Notary Public in and for said County and State,personally appeared FOR NOTARY SEAL OR STAMP $ Donald J. Fish Diane L. Decker personally known to me(or proved to me on the basis of satisfactory W evidence)to be the person(s)whose name(s)is/are subscribed to the �IN within instrument and acknowledged to me that he/she/they executed EMMA KATAO the same in his/her/their authorized capacity(ies),and that by his/her/their NOTARY PUBUC CALIFIA signature(s)on the instrument the person(s),or the entity upon behalf • PRINCIPAL OFFICE of whichthe persori(s)acted,executed the instrument. FRESNOCOUNTY My Commission Ev.Feb 25.1994 WITNESS my hand and official seal Signature F 2492(5-91) a a aoka