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Home My WebLink AboutT-3983 - Agreement/Covenant - 6/28/2006 •' 4 RECORDED AT REQUEST Of,, 88090155 cH imE PLEASE CONFORM kt..4�_.MN. PAST. ..M AUG 18 1988 FRESNO COUNTY,CALIFORNIA GALEN LARSON.County Recorder /n_ 4 [FEE BY DEPUTY RECORDER -------------------SPACE: ABOVE FOR RECORDER'S USE------------------- P.W. File No. 8716 Development Department UGM No. 317 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION AND CREATION OF LIEN '�. Tract No. 3989 RECITALS WHEREAS, Spalding G. Wathen, Della Wathen, Gloria Wathen, Richard G. Wathen Testamentary Trust, and Americana Shores, 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 in attached Exhibit "A" , said property being further subdivided by the final map of Tract No. 3989, consisting of Eighty-Five (85) lots and three 3 outlots: 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-One Thousand Six Hundred Seventeen and 20/100 Dollars ($41, 617 . 20) for the following: t UGM Fire Station Fee Service Area No. 21 Zone District: R-1/UGM 17. 56 Gross Ac @ $1, 388 .00/Ac = $24 , 373 .28 Less $675 .09 paid for Lots 4 , 5 and 6 : Deferred Fee = $23 , 698 . 19 UGM Neighborhood Park Fee Service Area No . 1 Zone District: R-1/UGM 17 . 56 Gross Ac @ $982.00/Ac = $17,243 . 92 Less $477 . 63 Paid for Lots 4 , 5 and 6 : Deferred Fee = $16,766. 29 Total Estimated Amount Deferred : $40, 464 . 48 : 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 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 Covenantors Final Tract 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 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 . l 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 . 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: 2 z mnp Accepted by: COVENANTOR CITY OF FRESNO a Municipal Corporation Spa ing G. t n By a. George K. Kerber, Director Development Department �f Della Wathen APPROVED AS TO FORM: Hf�f�r �z �J/Nc Gloria Wathen HARVEY WALLACE Cit Attorney l RICHARD G. WATHEN TESTAMENTARY TRUST Tri d• ''�l�,cd,�ir9 �!• G<.��f,��- Y Deputy Gloria M. Wathen, rustee GUARANTOR AMERICANA SHORES, a California GRUPE DEVELOPMENT COMPANY - Limited Partnership NORTHERN CALIFORNIA, a NEWCITY CORPORATION California Corporation a California Corporation General Partner B rd C. trong By: Director of Development Don P arre, President (Attach Notary Acknowledgement) GSA:mv 6213d/398 STATE OF CALIFORNIA I COUNTY OF FRESNO Iss. On JULY 25, 1988 before me,the undersigned,a Notary Public in and for said State,personally appeared_ RICHARI2_G.—sTRONG_ - ------ Rd[ E personally known to me(or proved to me on the C basis of satisfactory evidence)to be the persons who executed the within instrument as DIRECTOR OF E DEVELOPMENT — -- _o 0 DEVELOPMENT COMPANY-NORTHERN_CALIF, on behalf of, _GRUPF ` the corporation therein named,and acknowledged to me that n - OFFICIAL SEAL such corporation executed the within instrument pursuant to its CATHY A. GRAY I by-laws or a resolution of its board of directors. NOTARY PUBLIC CALIFORNIA cli PRINCIPAL OFFICE IN WITNESS my hand and official seal. FRESNO COUNTY CY My COMMIss N ion Expires July 5, 1991 O = _ M Signature r&j �^ (This area for official notarial seal) • ®SAFECO ' TITLE INSURANCE m NSTATE OF CALIFORNIA COUNTY OF Fresno ss. On this the 13th day of JULY 19-Q-8— before me the undersigned,a 'ia Notary Public in and for said County and State,personally appeared Spalding G. Wathen and Della Wathen _ FOR NOTARY SEAL OR STAMP personally known Qto me or proved to me on the basis of satisfactory evidence to be the CY persons whose names aresubscribed to the within instrument OFFICIAL SEAL """"' 00 and acknowled ed that t�executed the same. EMMA KAl AOKA N / ,'• +a, NOTARY PUBLIC-CALIFORNIA t �f�f= NOTARY BOND FILED IN CIL7�' FRESNO COUNTY Signatur of otary My Commission Expires Jan. 19, 19Ep 55 V f . V V 0 0 1 ; 9 If V 9 V 1 4 1 IF 'F:V4i a Emma Kataoka a r STATE OF CALIFORNIA COUNTY OF resno ss. On this 13th day of July in the year 1988 , a before me,the undersigned,a Notary Public in and for said County and S State, personally appeared Richard G. Wathen, Jr. N personally known + to me (or proved to me on the basis of satisfactory evidence) to be the OFFICIAL SEAL EMMA KATAOKA v person whose name is -ri NOTARY PUBLIC-CALIFORNIA L6 subscribed to the within instrument,as the Attorney in fact of +! r NOTARY BOND FILED IN = Gloria Wathen and Gloria M. Wathen FRESNO COUNTY t My Commission Expires Jan. 19.1990 W and acknowledged to me that subscribed the name or JIgEll �a�aEjRd thereto as principal r- and his own name as Attorney 49 s, in fact. Signature c� • Emma Kata6ka • Name (Typed or Printed) Notary Public in and for said County and State N FOR NOTARY SEAL OR STAMP r STATE OF CALIFORNIA :OUNTY OF FRESNO On 107 " before me the undersigned, a Notary Publiz in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. L�ZLX'// OFFICWL SEAL �C�'' COLLEEN ALFANO Colleen Alfano/ NOTARY PUBLIC CALIFORNIA FRESNO COUNTY NOTARY PUBLIC IN AND FOR SAID STATE EC,,, •✓ Mr Comm.Expiref Avg.13,1991 J ' STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On t is �� day of S+ in the year . before me R(7!)1b1n personally appeared r r r personally known to me (or proved to me on t 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, CMC City Clerk By rr Deputy Dated J��±QST �l 1 J`$S3 GSA:mv 6213dl398 -5- DXHIBIT "A" J 395520 DB SC RIPT ION Page 1 DE SCRI MON Parcels A, F and C of Parcel 11ap 87-55, recorded in Book 48, Pages 11 and 12 of Parcel I1tps, Fresno County Records. Excepting therefrom all oil, gas and other hydrocarbons and all other minerals of whatever kind or character (all herein collectively called "minerals") whether now known to exist or hereafter discovered (it being intended that the word "minerals" as used herein shall be defined in the broadest sense of the word and shall include but not be limited to oil , gas, other hydrocarbons and all other mineral substances, and products, both metallic and nonmetallic, sold,--liquid or gaseous) , which are upon, in, under or may be produced from the hereinafter described real property, all salt water which is in, under or may be produced from said real property, the exclusive right, by whatever methods now or hereafter known as Crantee or its successors or assigns may deer advisable, to prospect For, investigate for, explore for, drill for, produce, nine, extract , remove and reduce to possession and: ownership, all such minerals and salt crater sihich are upon, in, under or may be produced from said real property; the exclusive right to drill into and through said real property to explore for and thereafter produce: and extract minerals which may be produced from adjacent real property; the right to lay, construct, erect and place upon and in said real property; and use , maintain and operate thereon and thereafter remove, all buildings, tanks, pressure plants and other machinery, fixtures and equipment, pipelines, telephone lines, electric power lines, roads, power houses and other Structures and facilities as Crantee or its successors or assigns may deem advisable, for the exercise and enjoyment - of the rights herein eoaveyed, the exclusive right to treat, process (but not refine) store upon and remove from said real property such minerals and salt water; the exclusive right to produce and extract such minerals by repressuring the subsurface sands and strata fuilds or gases or by such other method or methods as Crantee or its successors or assigns may deem advisable, and to inject in and store and therafter remove such fuilds and gases, Whether or not indigenous to said real property; the right at all times, without charge, to investigate for, explore for, drill for, produce, remove and reduce to possession and ownership those quantities of fresh water from aquifers underlying said real propert7 deemed necessary by Crantee or its successors or assigns to use in prospecting, exploring, drilling, mining, producing, extracting, and removing (including, but not limited to, use in unit operations, vaterflood, thermal or other secondary recovery methods now or hereafter known) or other operations in connection with the full enjoyment and exercise of the rights herein conveyed; the right to exercise all rights herein conveyed and any and all other right upon said real property as grantee or its successors or assirns deeds necessary, incidental to or convenient , whether alone or cojointly with neighboring lands, in exploring, for, producing and extracting the minerals and salt water herein conveyed, and the unlimited and unrestricted right of access to said minerals and salt water for all purposes , provided, Iowever, t',at unless the consent of the surface oimer is first obtained, Crantee , its cuccessors and assigns, shall not enter upon the • ' EXH;BIT "A" 395520 DE SC RIPT ION Page 2 surface or in or through the upper 500 feet of the subsurface in the exercise of the rights conveyed hereby. The interests conveyed by this Deed are in the following described real property. Affects Parcel A. ti r