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Home My WebLink AboutT-4122 - Agreement/Covenant - 6/27/2006 (2) RECORDAD AT REQUEST OF, 40, 90068556 •r __ZPMORLD T COMPANx tI AT.. IN. PAST..*-M PLEASE CONFO' '' "90 FRESNO COUNTI.CALIFORNIA GALEN LARSON•Count,Recorder FE a -------------------SPACE ABOVE FGW MEa1)MQ9&R ------------- P.W. File No. 8932 Developm nt Department UGM No. 354 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN Tract No. 4122 'Country Club Estates' RECITALS WHEREAS, R. L. ADOLPH ASSOCIATES, 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 . 4122, 'Country Club Estates' , consisting of Sixty-Three (63) lots and two (2) 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 and Fire Station fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno Municipal Code in the estimated amount of Thirty-Three Covenant/T-4122 UGM Park and Fire Station Fees Page 2 Thousand Two Hundred Ninety-Eight and 95/100 Dollars ($33 , 298 . 95) for the following: UGM Fire Station Fee Service Area No . 21 Zone District : R-1-C/UGM 30 .41 Gross Ac @ $610 .00/Ac 3 $18, 550 . 10 UGM Neighborhood Park Fee Service Area No . 1 Zone District: R-1-C/UGM 30 .41 Gross Ac @ $485 .00/Ac 3 $14,748 . 85 Total Estimated Amount $33 ,298 . 95; 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. 1 Covenant/T-4122 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/T-4122 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 contest 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: June 7, 1990 Accepted by: COVENANTOR CITY OF FRESNO OLPH ASSOCIATES, JNC. , a Municipal Corporation WCai rnia Corporati;oni By Alvin P. Solis, ,Ae�trg- Director Development Department R b o ph, resident,.'� APPROVED AS TO FORM: HARVEY WALLACE City Attorngy y Deputy (Attach Notary Acknowledgement) LR:mv 6916D/652 Covenant/T-4122 UGM Park and Fire Station Fees Page 5 STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On this 7th day of Ji int- in the year 1990 , before me Cindy HAmhv 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 AZ%IW Director of the Development Department and acknowledged to me that the City of Fresno executed it . JACQUELINE L. RYLE, CMC City Clerk By Deputy LR:mv 6916D/652 State of California County of Fresno On this LVAZ�_ day of �Q,.,, , 19 b , before me, the undersigned, a Notary Public in and for said Co4nty and State, personally appeared ROB L. ADOLPH, personally known to me to be the person who executed the within instrument as President of R. L. ADOLPH ASSOCIATES, INC., and acknowledged to me that said corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. Witness my hand and official seal. OFFICIAL SEAL Cathy L. Schwabenland .�. CATHY L. S(HWABENLAND 3 -a NOTARY PUBLIC.CALIFORNIA L FRESNOCOUNTY b+`' My Comm.Expires May 3,1991 Notary Public 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: That portion of the Southwest quarter of Section 14 , Township 12 South, Range 20 East, Mount Diablo Base and Meridian, according to the official Plat thereof, described as follows: Beginning at the Southwest corner. of said Southwest quarter of said Section 14 ; thence North 000 03 ' 51" West along the West line of said Southwest quarter, a distance of 1,264 . 58 feet; thence North 890 56 ' 09" East, a distance of 138.79 feet; thence North 770 10 ' 00" East, a distance of 188. 89 feet; thence South 890 54 ' 50" East, a distance of 646.40 feet; thence South 040 32 ' 37" East, a distance of 1,311.71 feet to a point on the South line of said Southwest quarter of said Section 14; thence North 890 54 ' 00" West, along said line, a distance of 1, 071.86 feet to the point of beginning. LR:mv 6916D/652 r TRACT 4122/Country Club Estates UGh4 No. 354 P. W. File No. 8960 SUBORDINATION The undersigned as holder of the beneficial interest in and under those certain Deeds of Trust recorded on August 10, 1989, in the office of Fresno County Recorder, Document Nos. 89085071, 89085072 and 89085073 of which Deeds of Trust in by and between R. L. Adolph Associates, Inc., a California Corporation, as Trustor, Union Bank, a California Corporation, as Trustee, and Union Bank, a California Corporation, as Beneficiary, hereby expressly subordinates said Deeds of Trust and their beneficial interest thereto to the foregoing Statement of Covennants for UGM Park and Fire Station Fees and Creation of Lien, Tract No. 4122, 'Country Club Estates'. DATED: �w , 1990 UNION BANK, a California Corporation By: STATE OF CALIFORNIA COUNTY OF Fresno SS. On this 7th day of May , in the year 1990 before me, the undersigned, a Notary Public in H and for said County and State, personally appeared G. Renner personally known i to me (or proved to me on the basis of satisfactory evidence) to be the a Regional Vice President, and OFPCIAL 0 c D.R. Reinhardt MARIA R. LAW W s O evidence) to be personally known to me (or proved to me on the basis of satisfactory o NOTARY FLISM-CALIFORNIA, Vice President NOTARY BOND FILED IN ~ a SNXM) of the corporation that executed the within Instrument,and my FRESNO GOL�PITY coomme n Exppw May 1./9= a C acknowledged to me that such corporation executed the within instru- merit pursuant to its by-laws laws or a resolution of its board of directors. W U Signature H Maria R. Lan Name (Typed or Printed) Notary Public in and for said County and State F 2467 R. 1 1182 (This area for official notarial seal)