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Home My WebLink AboutT-4117 - Agreement/Covenant - 6/27/2006 (2) RECORDED AT REQUEST OF C�+1CA AT IN. PA ..M 90094835 AUG 10199 FRESNO COUNI R PLEASE CONFORM GALEN LARSON,County Recorder $ -------------------SPACfYR§DR`F6RCO S USE------------------- P.W. File No. 8903 Development Department UGM No. 362 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN r., t,.'` '. 4117 RECITALS WHEREAS, Westcal, 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. 4117, consisting of Three Hundred Forty Two (342) 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 and Fire Station fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno Municipal Code and Resolution No. 83-40 in the estimated Covenant/Tract No. 4117 UGM Park and Fire Station Fees Page 2 amount of Two Hundred Thirty One Thousand Two Hundred Eighty and 92/100 Dollars ($231, 280 . 92) for the following : UGM Fire Station Fee Service Area No . 21 Zone District : R-1/UGM 75 . 14 Gross Ac @ $1, 388 . 00/Ac = $104 , 294 .32 UGM Neighborhood Park Fee Service Area No. 7 Zone District : R-1/UGM 75 . 14 Gross Ac @ $1, 690 . 00/Ac = $126, 986 . 60 Total Estimated Amount $231, 280 . 92 ; 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. 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. c Covenant/Tract No . 4117 UGM Park and Fire Station Fees Page 3 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. 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 . Covenant/Tract No . 4117 UGM Park and Fire Station Fees Page 4 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: 7/3//90 Accepted by: COVENANTOR CITY OF FRESNO Westcal, Inc. , a Municipal Cor ration a Calif Corporation By _ CM Alvin P. Solis, Director By: Development Department Jer Y ung, P esident r By: APPROVED AS TO FORM: A. Bonadelle, Jr. V�' ce President HARVEY W LLACE City At rney By Dep y (Attach Notary Acknowledgement) MIW:mv 8076D/689 Covenant/Tract No. 4117 UGM Park and Fire Station Fees Page 5 STATE OF CALIFORNIA ) ) ss . COUNTY OF FRESNO ) On this ;�lneL day of in the year 1990 , before me C""' personally appeared u Win' _ personally known to me (or proved to me 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 Clerk By n-:n tel. ,• De uty MIW:mv 8076D/680 CORPORATE ACKNOWLEDGMENT No.202 aaaaaaaState of CALIFORNIA On this the 10 day of JULY 19 90,before me, .y SS. County of FRESNO Anna M. Renna the undersigned Notary Public,personally appeared J. Deyoung and John A. Bonadelle X personally known to me I El proved to me on the basis of satisfactory evidence 01r=.L SEAL_ to be the person(s)who executed the within instrument as ANNA M. RENNA PRESIDENT & VICE PRESIDENT or on behalf of the corporation therein NOTARY PUBLIC-CALIFORNIA i" NOTARY BOND FILED IN md,and acknowled ed to me that the corporation executed it. FRESNO COUNTY IT ES my han and f.fi I I seal M Colnmltssiort,Expires August 30, 1991 ., N ary's Signature 1 ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE Title or Type of Document STATEMENT OF COVENANTS FOR UGM PARK MUST BE ATTACHED AND FIRE STATION FEES — TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT. Signer(s)Other Than Named Above �,c-'1_.��:-.''��1_-!-'��•a„:'�.>�.>�.-^...�r.��'.�!.y.�1�i-'.r'��''��!�,-_r��''.r'1._c��e.'7,�+1�"�1�-'�1�e'��'..''�r�.��.cr�r��-,.-��'jr�:-'�/�r+.�.r';=�+/�'r��,.r� 7120 122 NATIONAL NOTARY A.SSOCNTION•8236 Remmel Ave.•PO Box 7184•Canoga Parc,CA 913047184 j EXE,//d/T 'A " DESCRIPTION Parcel 4 of Parcel Map No. 3353, in the City of Fresno, Fresno County. California, according to the map thereof recorded in Book 23 of Parcel Maps at Page 35, Fresno County Records. Excepting therefrom that portion thereof lying within the Northwest quarter of Section 23, Township 12 South, Range 20 East. Mount Diablo base and Meridian, an undivided one-half interest in all oil, gas, minerals and other hydrocarbons without the right to enter upon or explore above a depth of 600 feet from the surface of said land, as reserved by Kenneth A. Jones and Marjorie Jones, husband and wife by Deed recorded September 23, 1964 as Document No. 73442, in Book 5068, page 644, Official Records, Fresno County Records. TOGETHER WITH Parcel 4 of Parcel Map No. 3946, in the City of Fresno, Fresno County, California, according to the map thereof recorded in Book 27 of Parcel Maps at Page 76, Fresno County Records, together with that portion of North Cedar Avenue adjacent thereto. EXCEPTING THEREFROM that portion of said Parcel 4 and said North Cedar Avenue lying West of the East line of the Northwest quarter of Section 23, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, according to the United States Government Township Plat. ALSO EXCEPTING THEREFROM that portion of Parcel 4 of Parcel Map No. 3946, in the City of Fresno, Fresno County, California, according to the map thereof recorded in Book 27 of Parcel Maps at page 76, Fresno County Records, described as follows: Beginning at a point which is 935.77 feet West and 47.00 feet North of the Southeast corner of said Parcel 4; thence South 890401211 West, parallel with and 47.00 feet North of the South line of said Parcel 4, a distance of 52.50 feet; thence North 45°191391 West a distance of 17.68 feet; thence North 00019139' West a distance of 97.50 feet; thence North 89°40'21' East, parallel with and 157.00 feet North of said South line of Parcel 4, a distance of 65.00 feet; thence South 00019139' East a distance of 110.00 feet to the Point of Beginning. ALSO EXCEPTING THEREFROM that portion of Parcel 4 of Parcel Map No. 3946, according to the map thereof recorded in Book 27 of Parcel Maps at page 76, Fresno County Records described as follows: Beginning at a point which.is 935.76 feet West and 47.00 feet North of the Southeast corner of said Parcel 4, said Point of Beginning also being the Southeast corner of that certain parcel of land granted to the City of Fresno by deed recorded June 21, 1989, as Document Number 89065290, O.R.F.C.; thence North 00°19139' West, along the East line of said City of Fresno parcel, a distance of 110.00 feet to the Northeast corner thereof; thence North 89°40'21' East a distance of 55.00 feet; thence South 00°19039' East a distance of 110.00 feet; thence South 89040121' West a distance of 55.00 feet to the Point of Beginning. ALSO EXCEPTING THEREFROM that portion thereof lying within the Northwest quarter of Section 23, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, an undivided one-half interest in all oil, gas, minerals and other hydrocarbons without the right to enter upon or explore above a depth of 600 feet from the surface of said land, as reserved by Kenneth A. Jones and Marjorie Jones, husband and wife by Deed recorded September 23, 1964 as Document No. 73442, in Book 5068, Page 644, Official Records, Fresno county Records. TOGETHER WITH The North half of the .Southeast quarter of Section 23, Townsip 12 South, Range 20 East, Mount Diablo Base and Meridian, Fresno County, California, according to the United States Government Township Plat, lying North and West of the center line of the Enterprise Canal. EXCEPTING THEREFROM that portion lying within Tract No. 4008, according to the map thereof recorded in Volume 48, pages 88 through 93 of Plats, Fresno County Records. ALSO EXCEPTING an undivided 2/5 interest in and to all oil, gas and mineral rights as heretofore reserved of record. ALSO EXCEPTING therefrom an undivided 1/5 interest in and to all gas, oil and minerals rights as reserved in the Deed executed by Thomas Williams, at ux, recorded February 14, 1950 as Document No. 8857 in Book 2825, Page 214, Official Records. ALSO EXCEPTING therefrom an undivided 1/5 interest in and to all gas, oil and mineral rights as reserved in the Deed Executed by Mabel Williams Foster and M. Foster, recorded February 14, 1950 as Document No. 8858 in Book 2820, Page 393, Official Records.