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Home My WebLink AboutT-4071 - Agreement/Covenant - 6/28/2006 A=RDID AT RRULST OF ' CHICAGO 89141132 AT. I N. PAST. ..M FRESNu t.ou... GALEN LARSON,County Recorder FEE BY DEPUTY RECORDER S -------------------SPACE ABOVE FOR RECORDER' S ------------------ P.W. File No. 8814 Development Department UGM No. 361 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 4071 A Planned Development RECITALS WHEREAS, HERITAGE COMPANIES, INC. , 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. 4071, consisting of Two Hundred Twenty One (221) 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 Covenant UGM Park Fees T-4071 Page 2 estimated amount of Sixty-Seven Thousand Six Hundred Fifty and 70/100 Dollars ($67, 650 . 70) for the following : UGM Neighborhood Park Fee Service Area No. 7 Zone District : R-1/UGM 40 . 03 Gross Ac @ $1, 690 . 00/Ac $$67, 650 . 70 Total Estimated Amount $67, 650 . 70; 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. 4 f ' Covenant UGM Park Fees T-4071 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 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 A Covenant UGM Park Fees T-4071 Page 4 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: Novg-me%a2 V, X011 Accepted by: COVENANTOR CITY OF FRESNO HERITAGE COMPANIES, INC. , a Municipal C r "on a Californi Corpor tion By Alvin P. is, Acting Director B Development Department Kevin J. C tanos, President Bj APPROVED AS TO FORM: Richard G. Wathen, Secretary HARVEY WALLACE City Attorne y (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO n ) On th' �`>�- - d .y of in the year before me i 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 Acting Director of the Development Department and acknowledged to me that the City of Fresno executed it. i JACQUELINE L. RYLE, CMC City Clerk J 0 LR:mv By .C<. 3884D/580 Deputy 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: Lots 9 and 10 of Perrin Colony No . 2 , in the City of Fresno, County of Fresno, State of California, according to the amended map thereof recorded in Volume 4 , Page 68 of Plats, Fresno County Records LR:mv 3884D/580 - �� O) SAFECC CALIFORNIATITLE INSURANCI as STATE OF — N COUNTY OFESND }S.S. On this the day of A&77(eM BEIM 19 before me, the undersigned, a Notary Public in and for said County and State, FOR NOTARY SEAL OR STAMP �`•�.HI;, Ily appearedpeE✓/N ' 773-NoS personally known to me or proved to me on the basis of satisfactory evidence to be the President,- resident,and 6-. W&T}f'E/V , JFE,personally known to me or proved to me on the basis of satisfactory evidence to be OFFICIAL SEAL v Secretary of the corporation that executed the within �; JULIA E SILVERSTROM Z instrument on behalf of the corporation therein named, and acknow- "tea •^ FJOTARY PUBLIC-CALIFORNIA S ledged to me that such corporation executed the within instrument FRESNO COUNTY pursuant to its by-laws ora resolution o ' board of direc ors. My comm. expires FEB 8, 1993 Signat N ti Tract No. 4071, A Planned Development UGM No. 361 P.W. File No. 8814 SUBORDINATION The undersigned as holder of the beneficial interest in and under October 4,, 1989 and that certain Deed of Trust recorded on October 16,. 1989 , in the office of the Fresno County Recorder in Book ------ Page ---------- Document No . 89108788 & 89113276 of which the Deed of Trust in by and between Heritage Companies., Inc. a California corporation as Trustor, Verr31i.gn Service Corporation4 a California, as Trustee, corporation and ja as Beneficiary, hereby Federal Savings and Loan Association expressly subordinates said Deedsof Trust and its beneficial interest thereto to the foregoing Declaration of Covenants, Conditions, Restrictions and Easements. DATED: November 8 1989 Guarantee Savings,, a division of Glendale Federal Savings and Loan�Association William A. Hedge,. Vice President 905ALiNDj 64NTUI f}ssl5% SC-Gc T (Attach Notary Acknowledgement l LR:mv �. 3884D/580 c, STATE OF CALIFORNIA SMECO o COUNTY OF $N O S.S. j a 'n �---- - -- TITLE INSURANCE y On this the�71 day of VGM5�1917'Ibefore me, the undersigned, a Notary Public in and for said County and State, personallyappearea FOR NOTARY SEAL Ca STAMP a —— -- ------ - e m ------- -- - ---------- personally m d¢ kknoowa to me or proved to me on the basis of satisfactory evidence to be qI; 8551ST. Secretary of the corporation that executed the within instrument on behalf of the corporation therein named, and acknow- ledged instrument JULIA E SILVERSTROAA ° ;.,. OFFICIAL SEAL Z ledd to me that such corporation executed the within W0 'a •�� NNARY PUBLIC - CALIFORNIA �( 2 c pursuant to its by-laws or aresol ion of it's board o irectors.Lu = ? Z y� „� FRESNO COUNTY idy comm. expires FEB °, 1993 i. 0 ONotary signature line) � Ye LL to q U) ("His name(notary's)shall be typed or legibly printed") (Sec.8205-Government Code 1959) STATE OF CALIFORNIA o COUNTY OF S.S. FECO CL On this the-7&iE/'--day of �� Q 1 g� efore me, ��►► TITLE INSURANCE the undersigned, a Notary Public in and for said County and State, personally appeared -• �yi�a�9-m � �� 6-� .a known to me or proved to me on the basis of satisfactory evidence to be FOR NOTARY SEAL OR STAMP the-V10e�__President,wZ So Ell �r• pe y ^I � ' See Maly of the Corporation that executed the within instrument on behalf of the corporation therein named, and acknow- W V ledged to me that such corporation executed the within instrument -��TRO.11 Pursuant to its by-laws or a resolutio s board of dire tors. i` NOTARY PUBLIC CALIFORNIA �• 18 .2 ry signature line) Z W y <[N ("His name(notary's)shall be typed or legibly printed") (Sec.8205-Government Code 1959)