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Home My WebLink AboutT-4135 - Agreement/Covenant - 7/5/2006 (2) RECORDED IN OFFICIAL RECORDS OF PLE �t N FRESNO COUNTY.CALIFORNIt7ld AT _MIN PAST aM tVAUG'311N0 �p P GALEN LARSON FEE 90105317 Cowty ReCorder $� -------------------SPACE ABOVE FOR RECORDER' S USE------------------- P.W. File No . 8931 Development Department UGM No . 368 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN A Planned Deve opment ` RECITALS WHEREAS, REGENCY-ASEMI , a California Limited 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 . 4135 , consisting of One Hundred Fifty-One (151) lots and one (1) out lot; 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 estimated amount of Fifty-One Thousand One Hundred Seventy-Eight and 05/100 , Dollars ($51 , 178 . 05) for the following : Statement of Covenants 1 T-4135 Page 2 UGM Neighborhood Park Fee Service Area No . 1 Zone District : R-2/UGM 23 . 21 Gross Ac @ $2, 205 . 00/Ac = $51, 178 . 05 Total Estimated Amount $51, 178 . 05 ; 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 . 3 . Covenantor hereby waives any and all rights he may have pursuant to Government Code Section 65961 . ` Statement of Covenants : T-4135 Page 3 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 affect the validity or enforceability of any one provisions hereof . Statement of Covenants t T-4135 Page 4 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: . ZI 1990 Accepted by: COVENANTOR CITY OF FRESNO REGENCY-ASEMI , a California a Municipal Co oration Limited Partnership By By: Assemi Development, Inc. , a Alvin P. Solis, Director Californ' rporation, as Development Department e a t e APPROVED AS TO FORM: Farid Assemi , President HARVEY WALLACE City Attorney (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On this 2 -�- da of in the year /990, . before me personally appeared -��Gc� , personally known to me (or pr ed to me on the basis of satisfactory t evidence) to be the person who executed this instrument as Acting Director of the Development Department and acknowledged to me that the r City of Fresno executed it . JACQUELINE L. RYLE, CMC City Clerk By D puty LR:dk 6332D/638 i STATE OFCAUFORNIA O)SAMCD COUNTY OF ERESNO } SS' TITLE INSURANCE On Otic 19 90_,before me,the undersigned,a Notary Public in and for IL mW State �,a,a„y�� FARID day ASSEMI 15 personafiy Iaawn to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrumentas the Presiders and IL personally lvawn to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrurnent as the wry of ASSFMT nFVFIOPMFNT thecorporation that FOR NOTARY SEAL OR STAMP executed the within lrmtrument on behalf of —RF11ENCY 4 MEW the part- Warship that executed the within instrument,and acknowledged to me that such 001 pot thi executed the same as Such partner and that OFFICIAL SEAL auchpartrtershipexecutedthesame. Lamoaa Catherine Ensey WITNESS my hand and official seal. NOTARY PUBLIC-CALIFORNIAPRINCIPAL OFFICE IN H FRESNO COUNTY M Commission Expires Ma 3, 1994 t Tract No . 4135 P.W. File No . 8931 EXHIBIT A The land property referred to in this Agreement is situated in the State of California, County of Fresno, and is described as follows : THAT PORTION OF LOTS 53 , 73 , 74 AND 75 OF PERRIN COLONY NO. 2 , IN THE CITY OF FRESNO, FRESNO COUNTY, CALIFORNIA, ACCORDING TO THE AMENDED MAP THEREOF RECORDED IN VOLUME 4 OF PLATS AT PAGE 68 , FRESNO COUNTY RECORDS, AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23 , TOWNSHIP 12 SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID LOT 75 WITH THE CENTERLINE OF EAST CHAMPLAIN DRIVE, ALSO BEING THE NORTHEASTERLY BOUNDARY OF TRACT NO. 3924 , SHENANDOAH, ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 47 OF PLATS AT PAGES 80 , 81, 82 AND 83 , FRESNO COUNTY RECORDS; THENCE, ALONG SAID CENTERLINE AND SAID NORTHEASTERLY BOUNDARY, NORTH 33° 12152" WEST; A DISTANCE OF 34 . 61 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 4 , 175 . 00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AND THE CENTERLINE AND SAID NORTHEASTERLY BOUNDARY, THROUGH DELTA ANGLE OF O80 32 ' 12" , AN ARC DISTANCE OF 622 . 04 FEET TO A POINT, THE RADIAL TO SAID POINT BEARS NORTH 480 14 ' 56" EAST; THENCE NORTH 480 14 ' 56" EAST, A DISTANCE OF 395 . 69 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 700 . 00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A DELTA ANGLE OF 410 38 ' 59" , AN ARC DISTANCE OF 508 . 85 FEET TO THE POINT OF TANGENCY; THENCE NORTH 890 53 ' 55" EAST, A DISTANCE OF 625 . 23 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 509 . 91 FEET; THENCE EASTERLY ALONG SAID CURVE, THROUGH A DELTA ANGLE OF O1° 53 ' 05" , AN ARC DISTANCE OF 16 . 77 FEET TO A POINT, THE RADIAL TO SAID POINT BEARS NORTH O10 47 ' 00" EAST; THENCE SOUTH 000 06 ' 05" EAST, A DISTANCE OF 361 . 97 FEET; THENCE SOUTH 440 53 ' 55" WEST, A DISTANCE OF 35 . 00 FEET; THENCE SOUTH 890 53 ' 55" WEST, A DISTANCE OF 125 .25 FEET; THENCE SOUTH 00' 06 ' 05" EAST, A DISTANCE OF 139 . 15 FEET; THENCE SOUTH 44 ' 53 ' 55" WEST, A DISTANCE OF 45 . 04 FEET; THENCE SOUTH 890 53 ' 55" WEST, A DISTANCE OF 358 . 15 FEET; THENCE SOUTH 00° 06 ' 05" EAST, A DISTANCE OF 50 . 00 FEET; THENCE SOUTH 340 00 ' 00" EAST, A DISTANCE OF 126 . 00 FEET; THENCE SOUTH 370 00 ' 00" EAST, A DISTANCE OF 281 . 00 FEET; THENCE SOUTH 0511 00 ' 00" EAST, A DISTANCE OF 55 . 00 FEET; THENCE SOUTH 4111 23 ' 49" WEST, A DISTANCE OF 30 . 00 FEET; THENCE SOUTH 850 06 ' 26" WEST, A DISTANCE OF 222 . 36 FEET; THENCE SOUTH 6611 41 ' 13" WEST, A DISTANCE OF 45 . 00 FEET; THENCE SOUTH 490 57 ' 08" WEST, A DISTANCE OF 226 . 47 FEET; THENCE NORTH 840 00 ' 00" WEST, A DISTANCE OF 27 . 76 FEET; THENCE SOUTH 51° 53 ' 28" WEST, A DISTANCE OF 53 . 00 FEET TO A POINT ON n CfiRVE , J I Tract No . 4135 P.W. File No. 8931 Page 2 CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2 , 950 . 00 FEET, THE RADIAL TO SAID POINT BEARS SOUTH 510 53 ' 28" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, ALSO BEING THE CENTERLINE OF SAID EAST CHAMPLAIN DRIVE AND THE NORTHEASTERLY BOUNDARY OF SAID TRACT NO. 3924 , THROUGH A DELTA ANGLE OF 040 53 ' 39" , AN ARC DISTANCE OF 251 . 99 FEET TO THE POINT OF TANGENCY; THENCE CONTINUING ALONG SAID CENTERLINE AND SAID NORTHEASTERLY BOUNDARY, NORTH 330 12 ' 52" WEST, A DISTANCE OF 69 . 61 FEET TO THE POINT OF BEGINNING. LR:ep 6275D/634 03-27-90 Tract No . 4135/UGM 368 a Planned Development P.W. File No . 8931 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 30 1989 in the office of the Fresno County Recorder in Book , Page Document No. 89069449 of which the Deed of Trust in by and between Regency-Asemi, a California Limited Partnership as Trustor, Union Bank, a California Corporation , as Trustee, and Union Bank, a California Corporation , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for UGM Park Fees and Creation of Lien - Tract No. 4135 . DATED: July 23, 19 90 R nal d . u y ce President Chuck Guinn, Vice President (A STATE OF CALIFORNIA COUNTY OF rs,cnp �Sa On Julv 21- loon JJ before me, the undersigned, a Notary Public in and for said County and WTC WORLD TITLE COMPANY State, personally appeared Rnna 1.i ... Personally known to me (or proved to me on the basis of k Gu: FOR NOTARY SEAL OR STAMP satisfactory evidence) to be the Vi�p and _ _ President,s proved to me on the basis of satisfactoryy evide evidence)known to rto (or the person who executed the within Instrument as corporation therein named,an SecretarYoarb aif of the corporation executed ttae`withln�tns r+�eme�td turmsu nt tohat itsbylaws or a resolution/f its board of directors oFicui sEAi I 1410 DOA07"HY L. MURPHY NOTAAY PUBLIC-CALIFORNIA Signature <"��" NOTARY BOND FILED IN G FRESNO COUNTY f Dor y .. Murphy Or Cornlntsslcr,Exonea!Mamh 14 IssQ WX 063 / /