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Home My WebLink AboutT-4104 - Agreement/Covenant - 6/27/2006 (2) RECORDED AT REQUEST of 89142091 -..e-,0W�t.. QQMY - A .....MIN. PAST.. .h DEC 211989 FRESNO Cour, „—.ORNI GALEN LARSON,County Recordon PLF-ASE CONFORM ----SPACE ABOVE FOR REC0%G9 $fifq CEfR- s -------- P.W. File No. 8935 Development Department UGM No. 348 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 4104 A Planned Development 'Granville Estates' RECITALS WHEREAS, ASEMI AND SONS, 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. 4104, consisting of Two Hundred Eight (208) 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 Sections 12-4 .509 of the Fresno Municipal Code in the UGM Park Fees Covenant Tract No. 4104, "Granville Estates ' Page 2 estimated amount of Forty-Four Thousand Two and 86/100, Dollars ($44,002 .86) for the following: UGM Neighborhood Park Fee Service Area No. 1 Zone District : R-1/UGM 39 .93 Gross Ac @ $1, 102 .00/Ac - $44,002 .86 Total Estimated Amount $44, 002 . 86; 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. A • UGM Park Fees Covenant Tract No. 4104, "Granville Estates ' 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 be 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 UGM Park Fees Covenant Tract No. 4104, "Granville Estates ' 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: '00-0�� /9 81 Accepted by: COVENANTOR CITY OF FRESNO ASEMI AND✓SONS, INC. , a Municipal o on tea-_Calms€vnia or oration' By Alvin P. S is, Acting Directo Deve pment Department Farid Asemi , Presidesnt��' APPROVED AS TO FORM: HARVEY WALLACE City ttorney + H _ Deputy (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On this day, of � 2 in the year , before me personally appeared RAA411 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. RYLE, CMC City Clerk By1 1129.1 eputy LR:mv 4286D/588 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 41 and 42- 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 4286D/588 T-4104 STATE OF CALIFORNIA On this..... .r.........day of... G ? .............in the year {BOUNTYOF..fr�.............�� .�t�!x4c+!;'4f� � •.•.• N . ...........................before me, .,el".,a Notary public,State of California, duly licensed�and swore,personally appeared.................................. 0. Personally known to me(or proved to me on the basis of satisfactory evidence) oFicIAL sou to be the person who executed the within instrument as........................ !�''.1D117 Catt- 'r�C Ensa e_.z_ PUZUC•�%,"IFORNIAor oa behalf of the corporation therein named and acl�nowledged to me that t , E such ce ration'executed the within instrument pursuant to its by-laws or a FRESNO COUNTY• resolution of its board of directors.Commission Expires Apr.20,1990 IN WITNESS WHE1tE0F hv�, hgreunto set han y�a,� C�-�to �' ao and affixed ns�y oilicial seal in the ....... ...........',County: of.. ..f.e�^r'..... ""'a°'"""e'•s"'�1i11°""'`"',0"a""""'�" ..................................,on the date wet forlh above in is certificate. a1.w Iaar.p 1MM�+br waw&W"M*"w a4arw bpw a$%to ay rM soft a wP""&N aAA,r a to"dw a aft iota,*W08AW► Cowderfs Form No.28—Acknowledgement to Notary Public— Notary/Public,State of Ca ifl ornia Corporstios M G Sea.IIWI190.1)—Mir.1/83) My commission expires 030 r- 4 . Tract No. 4104, 'Granville Estates ' P.W. File No. 8935 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on NOVEMBER 2, 1989 , in the office of the Fresno County Recorder in Hook --------------- Page ------- Document No. 89-120680 of which the Deed of Trust in by and between ASEMI 8 SONS, INC. , A CA. , CORP. as Trustor, CENTRAL TITLE CO. , A CA. , CORP , as Trustee, and SEE EXHIBIT "A" ATTACHED 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: 12-4 19 89 l AUL P MESPLE NISE FEEL „ 'RENEE HQUERRIE LR:mv MA EINE MARINETTE TTE MESPLE 4286D/588 as Trustee of The Te amentary Trust under The Last Will and Testament of Henry Raymond Mesple aka Henry Mesple STATE OF CALIFORNIA COUNTY OF Q G SS. r i On this y day of PLe v"` Q.v , in the year A i a , before me, the undersigned, a Notary Public in and for said unty and State,personally appeared IL ci k,l )'o• _ , personally known to me (or proved to me on the basis of satisfactory ! OPF CIAL SEAL s evidence) to be the=wn whose name ,/��` �l among Cat;:_r±ne Ensey 41 tj S subscribed to the within instrument and 111�� "`'iVOT;,RY PUBLIC Cru_IFORNIA l`1 a' PRINCIPAL OFFICE IN j = acknowledged that �► 2 executed the \ ' , ' FRESNO CCUNTY same. 3I \`' ;r;y Commission Expires Apr.20,1990 r , � Signature V � s �A'ro a/h t?i9•-'��e,e1�e L" Wise✓ to Name(Typed or Printed) Notary Public in and for said County and State 'I F.2492 R.11/82 FOR NOTARY SEAL OR STAMP STATE OF CALIFORNIA COUNTY OF FQ-e J- 4.10 SS. On this 41V day of -D ec-l'r- � , in the year before me, the undersigned, a Notary Public in 40 and for sai�County and State perspnafly appeared O -D e,.�se eIfve rnesp/e v V {� OFF!C!�L SEAL ` ` personally known to me (or proved to me on the basis of satisfactory n %- L on3 .:i i +:+e EnSey W 0 evidence) to be the person whose name �- "- :,_- ' OT' .Y ^!'i3LIGC;iIr"ORN{A s > �S subscribed to the within instrument and �!: `� ':��` FrtI�.C3?s:L L t FiCE IN acknowledged clot She FRESNO COUNTY W z executed the r — IW'y Commission same. r O i Signature � a ,va• �-�e,e�,✓eF AIS ems. e Name (Typed or Printed) Notary Public in and for said County and State F.2492 R.11/82 FOR NOTARY SEAL OR STAMP STATE OF CALIFORNIA SS. COUNTY OF —k es Ar a On this '/t day of in the year ► SdP4 , before me, the undersigned, a Notary Public in i and for said Countya!!��d State,per onally peared it Jr'----- -- -- -- - --may personally known to me (or proved to me on the basis of satisfactory !� evidence) to be the person whose name +i� J� 3Cn3 Cwt!' ; ,? Ensey! a o }A j; NUT.,RY PUCL;C•(:,-L'FORNIA a > IS subscribed to the within instrument and �'"' ` R P 21Nv'°r+� S �„ i acknowle ed that Stir— executed the �/�' l FRESNO CUNITY N same. lriy Commsswn Er.�nres Apr.20,1990 a - Signature ` Name (Typed or Printed) Notary Public in and for said County and State F.2492 R.11/82 FOR NOTARY SEAL OR STAMP w >r EXHIBIT "A" BENEFICIARIES: MADELEINE MARIENETTE JOSETTE MESPLE, also known as Madeleine Clement Mesple, as Trustee of the Testamentary Trust under the Last Will and Testament of Henry Raymond Mesple aka Henry Mesple, Deceased, as to an undivided h interest; PAUL P. MESPLE, a Married Man as his sole and separate property, as to an undivided 4 interest; DENISE HELENE MESPLE, an Unmarried Woman as to an undivided 1/8 interest; and RENEE HENRIETTA LAQUERRIERE, a Married Woman as her sole and seperate property as to an undivided 1/8 interest. STATE OF CALIFORNIA j COUNTY OF iEe-44410 SS. i On this 15�� day of -beCv—k-6- , in the year 0 3 before me,the undersigned. a Notary Public in �'44 L. and forssppid ounty and State.personally appeared r---------�- 01, 4_ /ltR�2lNett't 4®4e7]e n��sPle OFFICIAL SEAL Ensey a ! - NOT/.RY PUEiLIC-C:,LIFORNIA ,� personally known to me (or proved to me on the basis of satisfactory 9i , : '' n P,<INCIPAL OFFICE IN o evidence) to be the person whose nameJ ��,_�; FRESNO COUNTY IS subscribed to the within instrument and niy Commission f-pins Apr.20,1990 = acknowledged that executed the same. ISignatureC.0-eti l Cn k-a-c-`1 i� ; /Lt0 r!� C/a-7-rttrCt d� COS'BaJ • Name (Typed or Printed) Notary Public in and for said County and State F.2492 FIL 11/82 FOR NOTARY SEAL OR STAMP