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HomeMy WebLinkAboutT-4132 - Agreement/Covenant - 7/5/2006 (2) 90063438 AWURDID AT KLQNLST Of CENTRAL TITLE COMPANY WY 5��►�9oc,r�.of r_� ,,,o AT. ,....MIN. PAST.. 0- �r Pte` MAY 311990 ` ``� `• �'j,���� PLEASE CONFORM FRESra, -MA GALEN LARSON,County Recorde � . � F DY DEPUTY RECORDER -------------------SPACE ABOVE FOR RECORDER'S USE---------------- - P.W. File No . 8960 Development Department UGM No . 363 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN TRACT NO. 4132 "CHELSEA KNOLLS II" RECITALS WHEREAS, D & W DEVELOPMENT CO. , a General 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. 4132, "Chelsea Knolls II , " consisting of One Hundred Thirty-Five (135) lots and Two (2) outlot. Said Lots 13-25, 45-50, 53-70, 74-135 and Outlot "B" of said Subject Property shall be subject to the Fire Station fees and all lots of the Subject Property shall be subject to Park fees and the conditions of this covenant; and WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in said lots of 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 Tract No . 4132/UGM 363 "Chelsea Knolls II" Page 2 WHEREAS, said lots of 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 Seventy-Three Thousand Three Hundred Ninety-Five and 96/100 Dollars ($73, 395 . 96) for the following : UGM Fire Station Fee Service Area No. 21 Zone District : R-1/UGM 6 . 86 Gross Ac @ $1, 388 . 00/Ac = $9 , 521 . 68 Zone District : R-1-B/UGM and R-1-C/UGM 36 . 48 Ac @ $610 . 00/Ac $22 ,252 . 80 UGM Neighborhood Park Fee Service Area No. 1 Zone District : R-1/UGM and (PC-1) 20 . 64 Gross Ac @ $1, 102 . 00/Ac $22 , 745 .28 Zone District : R-1-B%UGM and R-1-C/UGM 38 . 92 Ac @ 485 . 00 $18, 876 .20 Total Estimated Amount $73, 395 . 96; 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 on said lots of the Subject Property 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 : Tract No . 4132/UGM 363 "Chelsea Knolls II" Page 3 1 . All UGM Park and Fire Station fees attributable to development of said lots of Subject Property shall be paid prior to the issuance by the City of Building Permits for structures to be built upon said lots of 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 Ishall 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 said lots of the Subject Property and shall be binding upon each successive owner of said lots of the Subject Property, his heirs , representatives, successors and assignees . The Covenantor hereby creates a lien upon said lots of 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 Tract No . 4132/UGM 363 "Chelsea Knolls II" Page 4 other than to a successor municipal corporation whose geographic boundaries include said lots of 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 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 . • `t Tract No . 4132/JGM-363 "Chels'ea Knolls II" Page 5 DATED: May -29, 1990 Accepted by: COVENANTOR CITY OF FRESNO ir r D & W DEVELOPMENT CO. ,, a Municipal Corporation a General Partnership By By: Rod DeLuca .D,eev'e lop, ent Co. , Inc. , Alvin P. Solis, #-i-ttg- $rector; a Califor , is ,C p raton, Development Department a Partn j APPROVED AS TO .FORM: (Rd—ormy .: D u-ca, Preside HARVEY WALLACE City Attorney Marsella L. ' UeLL4ca, Secretar B By: Leo Wilson Co., Inc. , Deputy a Califo nia `Corporation, a Par tn r Leo resident David E. Pitta, Secretary and Treasur r i./ (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) 1.:ss .'' COUNTY OF FRESNO ) On this 29th day of May in the year 1990 before me. cinau Hamby - - -personally appeared Alpin J, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Aging Director of the Development Department and acknowledged to me that the City of Fresno executed it . JACQUELINE -L. KYLE, CMC City Clerk By C v Deputy LR: jjw 6424D/638 4 J �I'\II-kA. COUNTY OF Fresno SS. On this 6th day of ,in the year of 1 9q0 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared Leo A. Wilson personally known X to me (or proved to me on the basis of satisfactory evidence) to be the cc UJI Qz President,and David E. Pitta oF""ICIALSEAL d personally known to me (or proved to me on the basis of satisfactory PATRICIA A. BIXLER Z evidence) to be the O ,r NOTARY PUBLt"ALIFORNIA Secretary of Leo Wilson Co. , Inc. NOTARY BOND FILED IN Q the corporation that executed the within instrument and known to me FRESNO COUNTY d to be the persons who executed the within instrument on behalf of said J@=/2,1900 oa corporation, said corporation eing knowq to�t a to be one of the 0 partners of _D&W T) onme L C:O the Partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnershiexecuted the same. Ktricia A. Bixl r Name (Typed or Printed) CT-76 Notary Public in and for said County and State FOR NOTARY SEAL OR STAMP STATE OF CALIFORNIA ss. COUNTY OF Fresno On this 9th day of April in the year 19 90 , before me,the undersigned,a Notary Public in and for said State, personally appeared Rodney J. DeLuca and Marcella L. DeLuca OFFICIAL SEAL personally known to me (or proved to me on the basis of satisfactory evidence) to be the h VERNA E. AUSTIN persons who executed the within instrument as President and Secretary, respectively,of the w _ NOTARY PUBLIC-CALIFORNIA Corporation named therein,said Corporation being personally known to me (or proved to me PRINCIPAL OFFICE IN FRESNO COUNTY on the basis of satisfactory evidence)to be the person that executed the within instrument on frly Commission Expires July 20,199 behalf of the Partnership named therein,and acknowledged to me that the Partnership executed it. WITNESS my hand and offs ial al. ") l i! ACKNOWLEDGMENT BY CORPORATION WHICH IS A GENERAL PARTNER I OF GENERAL OR LIMITEO PARTNERSHIP—Walton Form 230CA ©1982 WOLCorrS,INC Notary lic in and for said State. • 1 Tract No . 4132/UGM 363 P.W. File No . 8 . 960 - "Chelsea Knolls II" SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on December 29 1989 in the office of the Fresno County Recorder in Book Page Document No . 89145942 of which the Deed of Trust in by and between D & !9 DEVELOPMENT, a general partnership as Trustor, Commerce Securities Corp, , as Trustee, and Bank of Fresno as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for UGM Park and Fire Station Fees and Creation of Lien. DATED: 19 Bank o Fresno By Evelyn n,,omice res. By: ,((G ah"g G/•itSL�C�� Diane L. Decker, Corp. Sec. STATE OF CALIFORNIA )ss. COUNTY OF Fresno May 17 1990 i= On before me,the undersigned,a Notary Public in and for u said State,personally appeared Evelyn Holliman and Diane L. Decker personally known to me(OF PFGVeFi le R9_P 01A 019le E LR: ]]w a c basis of to be the persons who executed the within instrument as 6424D/638 ii E Vice President and Secretary,on behalf of o o- Bank of Fresno oU the corporation therein named,and acknowledged to me that n ) OFFILIAL SLAL a! IV 10 such corporation executed the within instrument pursuant to its V �t•$� I•j '( R y: .uq by-laws or a resolution of its board of directors. qq� (�°i'22 NOTARY PUE;l_;c N t,4 Cy �i� pF�i fJC:I f7-L J1� •- iiJ �- m WITNESS my hand and official seal. m 41092 t MY COMMISSION EXPIRES to AY `.i. N O 0 Signature (This area for official notarial seal) 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 : THOSE PORTIONS OF THE NORTHEAST QUARTER OF SECTION 22 , THE NORTHWEST QUARTER OF ' SECTION 23, AND THE SOUTHEAST QUARTER OF SECTION 15 , ALL IN TOWNSHIP 12 SOUTH, RANGE 20 EAST MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER. OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE SOUTH 000 43 ' 46 WEST, ALONG THE EAST DINE OF SAID SECTION 22 , A DISTANCE OF 226 . 54 FEET_TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY WITH 'A RADIUS OF 360 . 00 FEET, THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A' CENTRAL ANGLE OF 150 43 ' 02" AND AN ARC LENGTH OF 98 .75 FEET`TO THE POINT- OF TANGENCY; THENCE SOUTH 140 59 ' 16" EAST, A DISTANCE10F 84 . 96 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHEAST WITH A RADIUS OF 700 .00 FEET, A RADIAL THROUGH SAID POINT BEARS SOUTH 140 59 ' 16" EAST, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 260 00 ' 53" AND AN ARC LENGTH OF 317 .83 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 480 59 ' 51" WEST, A DISTANCE OF 395 . 90 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHWEST WITH A RADIUS OF 4175. 00 FEET, A RADIAL THROUGH SAID POINT BEARS SOUTH 48' 59 ' 51" WEST, SAID POINT BEING ON THE CENTERLINE OF EAST CHAMPLAIN DRIVE AS SHOWN ON TRACT 3924 , ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 47 OF PLATS AT PAGES 80 THROUGH 83 , FRESNO COUNTY RECORDS; THENCE NORTHWESTERLY, ALONG THE CENTERLINE OF SAID EAST CHAMPLAIN DRIVE, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07' 05' 31" AND AN ARC LENGTH OF 516 .78 FEET TO THE POINT OF TANGENCY, THENCE -NORTH 48. 05 ' 40" WEST, CONTINUING ALONG THE CENTERLINE OF SAID EAST CHAMPLAIN DRIVE, A DISTANCE OF 157 .46 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST WITH A RADIUS OF 1000 . 00 FEET; THENCE NORTHWESTERLY, CONTINUING ALONG THE CENTERLINE OF SAID EAST CHAMPLAIN- DRIVE, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 190 21 ' 02" AND AN ARC LENGTH OF 337 .73 FEET TO THE NON-TANGENT END OF SAID CURVE; THENCE NORTH 660 40 ' 26" WEST, CONTINUING ALONG THE CENTERLINE OF SAID EAST CHAMPLAIN DRIVE, A DISTANCE OF 124 . 66 FEET TO THE POINT OF INTERSECTION OF THE CENTERLINE OF SAID EAST CHAMPLAIN DRIVE WITH THE CENTERLINE OF NORTH FORTH WASHINGTON ROAD, SAID INTERSECTION BEING SHOWN ON TRACT 3627, WOODWARD LAKE, ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 43 OF PLATS AT PAGES 3 THROUGH 9 , FRESNO COUNTY RECORDS, SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY WITH A RADIUS OF 1450 . 00 FEET, A RADIAL THROUGH SAID POINT BEARS SOUTH 620 30 ' 02" EAST; THENCE NORTHEASTERLY, ALONG THE CENTERLINE OF SAID NORTH FORT WASHINGTON ROAD, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04. 19 ' 11" AND AN ARCH LENGTH OF 109 . 32 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE SOUTH 890 26 ' 47" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 32 . 84 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID NORTH FORT WASHINGTON ROAD, SAID NORTHWESTERLY RIGHT-OF-WAY LINE BEING 30 . 00 FEET NORTHWESTERLY OF THE CENTERLINE OF SAID NORTH FORT WASHINGTON ROAD, SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY WITH A RADIUS OF 1420. 00 FEET, A RADIAL THROUGH SAID POINT BEARS NORTH 660 17 ' 13" WEST; THENCE NORTHEASTERLY, ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID NORTH FORT WASHINGTON ROAD, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01' 26 ' 43" AND AN ARCH LENGTH OF 35 . 82 FEET TO THE POINT OF TANGENCY; THENCE NORTHEASTERLY, ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID NORTH FORT WASHINGTON ROAD, THE FOLLOWING COURSES; NORTH 22' 16 ' 04" EAST, A DISTANCE OF 492 .77 FEET TO THE NON TANGENT POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY WITH A RADIUS OF 3960 . 00 FEET, A RADIAL THROUGH SAID POINT BEARS SOUTH 67' 44 ' . 55" EAST, THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09' 01 ' 30" AND AN ARC LENGTH OF 623 .77 FEET TO ,THE POINT OF TANGENCY; THENCE NORTH 31' 16 ' 35" EAST, A DISTANCE OF_` 181.42 FEET, THENCE NORTH 29° 59 ' 32" EAST, A DISTANCE OF 489 .44 FEET; THENCE NORTH 28' 15 ' 30" EAST, A DISTANCE OF 1253 .58 FEET TO A POINT BEING 30 . 00 FEET WEST OF THE EAST LINE OF SAID SECTION 15; THENCE SOUTH 75' 31 ' 35" EAST, LEAVING THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID NORTH FORT WASHINGTON ROAD, A DISTANCE OF 30. 88 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 15; THENCE SOUTH 00' 41 ' 22" WEST, ALONG THE EAT LINE OF SAID SECTION 15, A DISTANCE OF 1367.02 FEET TO THE NORTHEAST CORNER OF SAID SECTION 22 , THENCE SOUTH 00' 43 ' 46" WEST, ALONG THE EAT LINE OF SAID' SECTION 22, A DISTANCE OF 1340.33 FEET TO THE POINT OF BEGINNING. LR: jjw , 6445D/638 10 T Tract No . 4132/UGM 363 P.W. File No . 8 . 960 - "Chelsea Knolls II" SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on 19 , in the office of the Fresno County Recorder in Book Page Document No . of which the Deed of Trust in by and between as Trustor, Al as Trustee, and as Beneficiary, hereby - expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for UGM Park and Fire Station Fees and Creation of Lien. DATED: 19 (Attach Notary Acknowledgement) LR:jjw 6424D/638