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Home My WebLink AboutT-4070 - Agreement/Covenant - 6/28/2006 (2) � WORDID AT REQUUT OF 90067339 (AMERICAN TfrLE 11(SURANCE CO MPAJOY ...MIN. PA;f- .M PLEASE CUNFOF".M. JUN 1119 FRESNO COUNT►,CALIFORNIA GALEN LARSON.County Recorder F -------------------SPACE ABOVE FOY3y�XQMMB pE13 - -- ------------ P.W. File No . 8830 Development Department UGM No . 335 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No . 4070 RECITALS WHEREAS, GENOB, L. P. , 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 . 4070, consisting of Ninety-Eight (98) 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, 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 r Covenant/T-4070 UGM Fees Page 2 the estimated amount of Fifty-Three Thousand One Hundred Fifty-Nine and 46/100 Dollars ($53 , 159 .46) for the following : UGM Fire Station Fee Service Area No. 14 Zone District : R-1/UGM 19 . 88 Gross Ac @ $547 . 00/Ac = $10, 874 . 36 UGM Neighborhood Park Fee Service Area No . 5 Zone District : R-1/UGM 19 . 88 Gross Ac @ $1, 695 . 00/Ac = $33 , 696 . 60 UGM Trunk Sewer Fee Service Area : Cornelia Trunk Line Zone District : R-1/UGM 19 . 30 Gross Ac @ $445 .00/Ac = $8, 588 . 50 Total Estimated Amount $53 , 159 .46; 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, 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. All UGM Park, 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 • . Covenant/T-4070 UGM Fees Page 3 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. Covenant/-T-4070 UGM Fees 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 . DATED: &/6z50 Accepted by: COVENANTOR CITY OF FRESNO GENOB, L. P. , a California a Municipal Corporation Limited Partnerhship By Z- - By: GENOB INC. , a California Alvin P. Solis , AGt" Corporation, General Development Department Partn By: (01 APPROVED AS TO FORM: O. B. Jo on, President HARVEY WALLACE City Attor eg By: E e An rade ecre y Deputy LR:mv (Attach Notary Acknowledgement) 6166D/632 Covenant/T-4070 UGM Fees Page 5 STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On this 6th day of June 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 XNXfX&q Director of the Development Department and acknowledged to me that the City of Fresno executed it. JACQUELINE L. RYLE, CMC City Clerk Dep'uty LR:mv 6166D/632 STATE OF CALIFORNIA e a COUNTY OF Fresno }ss. On this 7th day of_ M8y 19_20 before me �. a Notary Public in and for said State personally appeared_ 0. B. Johnson co known to me to be the President, andgenP T Andr^r1w C o known to me to be the Secretary of�n�n�h s 0.-d the corporation that executed the within instrument and known to me to be the persons who executed the within V i= instrument on behalf of said corporation, aid corporation being C /general c ,a, known to me to be ilhX=the kartners of 0 Genob P. L. P asE OFFICIAL SEAL {jifthe partnership that executed the within instrument, and acknowl. LAURIE COLGATE edged to me that such corporation executed the same as such NOTARY PUBLIC-CALIFORNIA ,J7t partner and that such partnership executed the same. PRINCIPAL OFFICE IN FRESNO COUNTY } g I WITNESS m hand and official al ,e My Comm. Expires July 16, 1993 E LA. Signature Name(Typed orZed) (This area for oflicial notarial seal) 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 : Lot 101 of J. C. Forkner Fig Gardens Subdivision No. 2 , according to the map recorded in Volume 8 Page 66 of Plats, Fresno County Records . LR:mv 6166D/632 r Tract No. 4070/UGM 335 P.W. File No. 8830 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded onMFWFR? 19-89—, in the office of the Fresno County Recorder in Book , Page Document No . R9120475 of which the Deed of Trust in by and between GFNOB, LIB.. A QUEjRNIA I TMIIED PAMFRSHTP as Trustor, VFRD W SFRVTCF C17RPORATTQN, A CAt TFORNTA CORPORATION , as Trustee, GUARANTEE SAVINGS, A DIVISION OF GLENDALE and EEMAI SAVIbo ann InAN ASS'IATIf)N as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Declaration of Covenants, Conditions, Restrictions and Easements. DATED: MAY 10, 19_90_-- - WILLIAAMM�A HEDGE, VICE_ PRESIrDENT PENNY L Mi , ASSISTANTSC Y Z (Corporation) #GLEIIDALE FEDERAL BANK,,. STATE OF CALIFOAfYIp�-0 ss. COUNTY OF E��IIVV LR:m� % MAY 10. 1990 before me, the undersigned, a Notary Public in and for said 61661 .$tate, personally appeared WILLIAM A HFDGF personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as VICE President*and PENNY L MICHELI personally OFFICIAL SEAL known to me or proved to me on the basis of - BRENDA B. DAVIS satisfactory evidence to be the erson who executed N07ARY -CALIFORNIAPUBLIC the within instrument as ASS ANT SECRETARY * PRINCIPAL OFFICE IN Secretary on behalf of the corporation therein named FRESNO COUNTY and acknowledged to me that such corporation My Commission Expires Dec.l3,1991 executed the within instrument pursuant to it's by- laws or a resolution of it's boardof irectors.. *THESE PERSONS ARE DULY AUTHORIZED OFFICERS WITNESS m and an offici I IN ACCORDANCE WITH CORPORATION BY-LAWS. Signature �� L-IC_0 1 State of California ') ) ss . County of Fresno ) On this f A., �y�G' , before me, the undersigned, a Notary P " lic, in and for the County of Fresno, residing therein, duly commissioned and sworn, personally appeared "Edward M. Kashian, personally known to me to be the Person who executed the within instrument on behalf of Bombay Corporation, a California corporation, on behalf of Fig Garden New Town, a limited partnership, and acknowledged to me that the corporation executed it pursuant to its By-Laws or a resolution of the Board of Directors , and acknowledged to me that the corporation and the limited partnership executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Certificate first above written. OFFICIAL SEAL MARY M. HUDGENS NOTARY • NOTARY PUIBLIC-CALIFORNIA In and or the State of California PRINCIPAL OFFICE IN FRESNO COUNTY MY Commission Expires Apr. 1, 1991 s. Tract No . 4070/UGM 335 P.W. File No . 8830 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on NOVEMBFR 2 19 89 , in the office of the Fresno County Recorder in Book , Page Document No . 89120478 of which the Deed of Trust in by and between GENOB, L.P. A CALIFORNIA LIMITED PARTNERSHIP as Trustor, FIRST AMERICAN TITLE , as Trustee, and FIG GARDEN NEW TOWN, A CALIFORNIA LIMITED PARTNER�HWs Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Declaration of Covenants, Conditions, Restrictions and Easements . FIG GARDEN NEW TOWN, A California limited partnership DATED: May 8 19 90 By: BOMBAY CORPORATION, a Californiz corporation, general partner qL President (Attach Notary Acknowledgement) r LR:mv 6168D/634