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Home My WebLink AboutT-4032 - Agreement/Covenant - 6/29/2006 (2) r 4 AMRDID AT. RIQUOT 01 r 8909988'7 A WORLD COMPANT ................ ..MIN. PAST:. IrA SEP 15 1989 FRESNO COUNTY.CALIFORNIA G ALE LARSON,County Recorder FEE PLEASE CONFORM PUTY RECORDER -------------------SPACE ABOVE FOR RECORDER' S USE-------- ---_---- P.W. Idle No. 8753 Development Department UGM No. 221 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 4032 Cedar Park II Phase II of Tentative Tract No. 3646 RECITALS WHEREAS, Penstar, 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. 4032. consisting of Seventy Two (72) lots and four (4) 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 WHEREAS, the Subject Property is subject to UGM Park fees pursuant to Section 12-4 . 509 of the Fresno Municipal Code in the Covenant/UGM Park Fees Tract No. 4032 Page 2 estimated amount of Twenty Three Thousand Nine Hundred Thirty Five a►nd 66/100. Dollars ($23 . 935 . 66) for the following: UGM Neighborhood Park Fee Service Area No. 7 Zone District: R-1/UGM 19 . 21 Gross Ac @ $1.246 .00/Ac = $23 , 935. 66 Total Estimated Amount $23 , 935. 66 ; 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 Covenantors 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 . 3. Covenantor hereby waives any and all rights he may have pursuant to Government Code Section 65961. • tet Covenant/UGM Park Fees Tract No. 4032 Page 3 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. 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. r Covenant/UGM Park Fees Tract No. 4032 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. Accepted by: COVENANTOR CITY OF FRESNO PENSTAR, a California Corporation a Municipal Corporation By S!�� d' '--� L' " George K. Kerber, Director Development Department Tf 7MAS G. RKWRDS , PRESIDENT • APPROVED AS TO FORM: PAM DEAN , VICE PRFSIDENT/SBURE-'ARY HARVEY WALLACE City Attorney By Depu (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On this day of in the year before me d personally q appeared _ personally known to ' me (or prow to4ne 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, CMC City erk By vG Deputy LR:mv:7713d/430 Tract No, 4032, Cedar Park ii Phase II of Tentative Tract No. 3646 P.W. File No. 8753 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on July 31 19-M-. in the office of the Fresno County Recorder in Book Page (Document No. 86086965 of which the Deed of Trust in by and between FENSTAR, a California Corporation, as Trustor, Centralfed Financial Services. Inc. as Trustee, and Central Savings and Loan Association an Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Declaration of Covenants, Conditions, Restrictions and Easements. DATED: 29 b 6 s * Ro y r s es en r.,,4 t ' B Robert A. Scott, Assistant Secretary r Y _ Statement of Covenants/Cedar Park I STATE OF CALIFORNIA COUNTY OF Fresno S. On Ajx is' 1, 7989 before me, WTC WORLD TITLE COMPANY the undersigned, a Notary Public in and for said County and State,personally appeared_ RT(TMR personally known to me ( FOR NOTARY SEAL OR STAMP to be the _ President, and PAH DEAN personally known to me(eYf ) to be the person who executed the within Instrument as °iteLETa M. CtAVAGLIA Pr-es +-i Secretary on behalf of the �•'• Notary Public therein named,and acknowledged to me that such corporation executed the within instrument pursuant to its Frew County,Calitomia bylaws or a e lutlQV of Its board of directors. tlttt Comm Exp•Jum 20.1993 r Slgnaturer:7��7 L—J-4� . LETA M. CIAVAGMY EXHIBIT 'A' The subject property referred to in these covenants is situated in the State of California , County of Fresno, and is described as follows: PARCEL 1: The North half of Lot 7 of Perrin Colony No. 2 , according to the amended map thereof , recorded in Volume 4 . Page 66 of Plats, Fresno County Records. Together with the South half of Lot 7 of said Perrin Colony No. 2 . Together with Lot 23 of said Perrin Colony No. 2 . EXCEPTING therefrom that portion of the North half and the South half of said Lot 7, described as follows : Beginning at the Northeast corner of said Lot 7 ; thence South 000 00 ' 51" West, along the East line of said Lot 7, a distance of 662. 41 feet to the Southeast corner " of said Lot 7; thence South 890 38 ' 48" West, along the South line of said Lot 7, a distance of 716 . 64 feet; thence North 000 22 ' 56" West, a distance of 108 .05 feet; thence North 89* 37 ' 04" East, a distance of 42 .77 feet; thence North 00* 01 ' 38" East. a distance of 554 . 00 feet to a point on the North line of said Lot 7; thence North 890 37 ' 04" East, along the North line of said Lot 7, a distance of 674 .49 feet to the point of beginning. ALSO EXCEPTING therefrom that portion lying within Tract No. 3646, according to the map thereof recorded April 13 , 1987, in Volume 45, Page 52 and 53 of Plats, Fresno County Records. PARCEL 2: Parcel B of Parcel Map No. 79-51, according to the map thereof recorded in Book 33 , Page 26 of Parcel Maps, Fresno County Records. EXCEPTING THEREFROM that portion lying within Tract No. 3646, according to the map thereof recorded April 13 , 1987, in Volume 45, Page 52 and 53 of Plats, Fresno County Records. LR:mv 7713d/430