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Home My WebLink AboutT-3996 - Agreement/Covenant - 6/22/2006 RECORDED AT REQUEST OF. FIRST AMERICAN TITLE INSURANCE GOMPANy PLEASE CQ>, rC9N4 ,....MIN. PAST.. :M DEC 191989 FRESNO COMM,,w L,F ORNIA 89140573 LEN LARSON,County Recorder FE -------------------SPACE ABOVE FO yF{ rP p�pd P.W. File No. 8821 Development Department UGM No . 359 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN act :No. 3996 eachclub' RECITALS WHEREAS, GRUPE DEVELOPMENT COMPANY-NORTHERN CALIFORNIA, 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. 3996, consisting of Eighty-Three (83) lots and one (1) outlot; 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 Covenant/T-3996 UGM Park & Fire Station Fees Page 2 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-Eight Thousand Three Hundred Eighty and 10/100 Dollars ($48,380 . 10) for the following: UGM Fire Station Fee Service Area No. 21 Zone District : R-1/UGM 20 .33 Gross Ac @ $1,388 .00/Ac m $28,218 . 04 Less $1,249 . 53 Not Deferred by a Recorded Early Issuance of Building Permit Agreement for Lots 73 through 76, inclusive - $26, 968 . 51 UGM Neighborhood Park Fee Service Area No. 1 Zone District : R-1/UGM 20 .33- Gross Ac @ $1, 102 .00/Ac - $22,403 . 66 Less $992 . 07 Not Deferred by a Recorded Early Issuance of Building Permit Agreement for Lots 73 through 76, inclusive - $21,411. 59 Total Estimated Amount $43 ,380 . 10; 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. ll f R1 Covenant/T-3996 UGM Park & Fire Station Fees Page 3 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 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 . 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 r SA' Covenant/T-3996 UGM Park & Fire Station Fees Page 4 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. 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. Covenant/T-3996 UGM Park & Fire Station Fees Page 5 DATED: Zcers.bAr Accepted by: COVENANTOR CITY OF FRESNO GRUPE DEVELOPMENT COMPANY- ' a Municipal C rat!-O NORTHERN CALIFORNIA, By a California Corporation Alvin So is, Ac ing Director Development Department By Robert A. Christofferson Director of Development APPROVED AS TO FORM: HARVEY WALLACE City Attorney B ��eputy (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On this da of in the year , before mepersonally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Acting Director of the Development Department and acknowledged to me that the City of Fresno executed it. JACQUELINE L. KYLE, CMC City Clerk i By Deputy LR:mv 3876D/580 r s } STATE OF CALIFORNIA FRESNO )ss. Z COUNTY OF I m On NOVEMBER 8, 1989 ,before me,the undersigned,a Notary Public in and for said State,personally appeared ROBERT A. CHRISTOFFERSON AIM U Epersonally known to me(or proved to me on the a basis of satisfactory evidence)to be the persons who executed the within instrument as DIRECTOR OF LLE DEVELOPMENT R S*welwy,on behalf of GRUPE co DEVELOPMENT COMPANY-NORTHERN CALIF. - m A 8. the corporation therein named,and acknowledged to me that OFFICIAL SEAL H such corporation executed thewithininstrumtrsuanttoits CATHY A. GRAYcg enpursuant NOTARY PUBLIC-CALIFORNIA by-laws or a resolution of its board of directors. PRINCIPAL OFFICE IN FRESNO COUNTY GGoo WITNESS my hand and official seal. ro My Commission Expires July 5, 1991 '$$N Signature (This area for official notarial seal) r 'EXHIBIT A' The Subject Property referred to in these covenants, is situated in the City of Fresno, County of Fresno, State of California and is described as follows : A portion of Section 15, Township 15 South, Range 20 East, Mount Diablo Base and Meridian. TOGETHER WITH a portion of Outlot "A" of Tract 3799 , "Mariner ' s Pointe" , according to the map thereof recorded in Volume 45 of Plats at Pages 9 and 10, Fresno County Records, described as follows: BEGINNING at the Southeast corner of Lot 26 of Tract 3989 , "Americana Shores" , according to the map thereof recorded in Volume 47 of Plats at Pages 50 through 52 , Fresno County Records, said point being on the Westerly right-of-way line of North Westshore Drive as shown on Tract 3879, according to the map thereof recorded in Volume 46 of Plats at Pages 62 through 65, Fresno County Records, said Westerly right-of-way line of North Westshore Drive being also shown on Tract 3799 , "Mariner ' s Pointe" according to the map thereof recorded in Volume 45 of Plats at Pages 9 and 10, Fresno County Records; said point being on a curve concave Southeasterly with a radius of 823 . 00 feet (a radial through said point bears North 41' 29 ' 47" West) ; thence Southerly, along the Westerly right-of-way line of said North Westshore Drive, the following courses : Southwesterly along . said curve through a central angle of 570 28 . 13" and an arc length of 825. 51 feet to the point of tangency; thence South 08' 58 ' 00" East, a distance of 297. 89 feet to the point of curvature of a curve concave to the West with a radius of 977. 00 feet; thence Southerly along said curve through a central angle of 18' 49 ' 20" and an arc length of 320 . 95 feet; thence North 83' 56' 40" West, a distance of 564 . 79 feet to a point on the East right-of-way line of North Friant Road; thence North 05' 11 ' 22" East, along the Easterly right-of-way line of said North Friant Road, a distance of 522 .42 feet; thence South 83" 56' 40" East, a distance of 175 . 00 feet; thence North 050 11 ' 22" East, a distance of 245 . 00 feet; thence North 830 56 ' 40" West, a distance of 175 . 00 feet to a point on the Easterly right-of-way line of said North Friant Road; thence North 05' 11' 22" East, along the Easterly right-of-way line of said North Friant Road, a distance of 22 .00 feet to the non-tangent point of curvature of a curve concave Southeasterly with a radius of 1,914 . 00 feet (a radial through said point bears North 84' 47' 52" West) ; thence Northeasterly along said curve through a central angle of 280 49 ' 00" and an arc length of 962 . 64 feet to the Southwest corner of Lot 37 of said Tract 3989; thence South 45' 42 ' 35" East, along the Southwesterly line of said Tract 3989 , a distance of 550 .76 feet to the POINT OF BEGINNING. LR:mv 3878D/580 j Tract No. 3996, 'Beachclub' UGM No. 359 P. W. File No. 8821 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on December 23 1933 in the office of the Fresno County Recorder in Book , Page Document No. 88142673 of which the Deed of Trust in by and between Grupe Development Company-Northern California Corporation as Trustor, Verducio Service Corporation, A C'al i fnrni n C,nrp as Trustee, and Guarantee Savings, A Division of Glendale as Beneficiary, hereby Federal Savings and Loan Association expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Declaration of Covenants, Conditions, Restrictions and Easements . DATED: 19 Guarantee Savings, A Division of Glend a////Feder Savings and Loan Associati ,U . W. A. Sloan, Vice President L lti -Rosalinda Cantu, Assistant Secretary STATE OF CALIFORNIA ss. COUNTY OF FRESNO On this 9th day of November in the year 19 89, T before me, the undersigned, a Notary Public in and for said State, personally appeared W. A. Sloan, Vice President and Rosalinda Cantu, Assistant OFFICIAL SEAL Secretary '°"L0"di1oao""`bQ7°`x" NOTARY PUBLIC-CALIFORNIA (or proved to me on the basis of satisfactory evidence)to be the person who executed the PRINCIPAL OFFICE IN within instrument on behalf of the Corporation therein named, and acknowledged to me that FRESNO COUNTY the Corporation executed it. My Commission F Xpnes Mar.23,1990 1 WITNESS my hand and official seal. / Juanita Stenlaack L01AC,KNOWLEDGMEt4T—Corowalmn—Wolcons Form 222CA-X—flrv.5-52 Notary Public in and for said State. 9x2 WOLCOTTS,INC. (price class a.2