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HomeMy WebLinkAboutT-4149 - Agreement/Covenant - 6/27/2006 (2) RACORDED AT REQUEST Of `� 0144869 .S* 1 i WEMCAH TITLE SURANCZ C �►n /� ------•• - �N. PAST... .M NOV 2 71990 FRES. ;AL;FORNIA GALEN LARSON,County Recorder -------------------SPACE A - O D ' ------------------- ©Y DEPUTY HEC RD P.W. File No . 9025 De elopment Department UGM No . 303 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN ract -No. -4,101," Phase II AF Tract No . 3925 "Monte Vista No . 28" RECITALS WHEREAS, PIERCE LATHING CO. , a California Corporation, doing business as Pierce Enterprises , 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. 4149 , consisting of Ninety-Five (95) 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 Covenant/Tract No . 4149 UGM Park and Fire Station Fees Page 2 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 Forty-Eight Thousand Four Hundred One and 76/100 Dollars ($48,401 . 76) for the following : UGM Fire Station Fee Service Area No. 16 Zone District : R-1/UGM 19 . 58 Gross Ac @ $1, 242 . 00/Ac = $24 , 318 . 36 UGM Neighborhood Park Fee Service Area No. 4 Zone District : R-1/UGM _ 19 . 58 Gross Ac @ $1, 230 . 00/Ac $24 , 083 . 40 Total Estimated Amount - - $48, 401. 76; 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 devel.opment' of Subject Property shall be paid prior to the issuance by the City of Building Permits for structures to. Covenant/Tract No . 4149 UGM Park and Fire Station Fees Page 3 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 . 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. Covenant/Tract No . 4149 UGM Park and Fire Station Fees Page 4 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 . DATED: �s_y",�l F /9910 Accepted by: COVENANTOR. CITY OF FRESNO PIERCE LATHING CO. , a Cali rnia a Municipal Co a ion Corporation, doing busine as /�/j Pierce Enter e By ( �/ Alvin P. Solis, Director Development Department By R. Kent Kun S et APPROVED AS TO FORM: HARVEY WALLACE City Attorney By Deputy (Attach Notary Acknowledgement) LR:mv 8516D/686 Covenant/Tract No . 4149 UGM Park and Fire Station Fees Page 5 STATE OF CALIFORNIA ) ) ss . COUNTY OF FRESNO ) On this 1$ day of 7)� '�'L in the year 19 "10 , before mei�� personally appeared 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 Deputy. LR:mv 8516D/686 CORPORATE ACKNOWLEDGMENT NO.2W State of dr/7/t�y On this thea day of�-���!/��W_� 192Q before me, County of �ieS�O SS. j`7' the undersigned Notary Public,personally appeared W personally known to me w„ OFFICIAL SEAL p proved to me on the basis of satisfactory evidence ?! K.A MILLER to be the erson(s)who executed the within instrument as Notary Puifoellr, FRESNOO COUMY _ ��1��fd r 9e or on behalf of the corporation therein '! COU MY Cion Expires named,and acknowledged to me that the corporation executed it. May 6.1994 WITNESS my hand and official seal. Notary's Si na ure L� 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 vww111-�, MUST BE ATTACHEDNumber of Pages 7 Date of Document A) TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Ahove '� Tract No. 4149 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 : A portion of Lot 30 of Winterton Tract , according to the map thereof recorded in Book 3 Page 21 of Record of Surveys, Fresno County Records and a portion of Parcel 1 of Parcel Map No . 2661, according to the map thereof recorded in Book 17 Page 50 of Parcel Maps , Fresno County Records , described as follows : COMMENCING at the Northwest corner of the Southwest Quarter of Section 24 , Township 13 South, Range 19 East, Mount Diablo Base and Meridian; thence North 89 Degrees 46 Minutes 10 Seconds East, along the North line of said Southwest Quarter, a distance of 1204 . 85 feet; thence South 0 Degrees 13 Minutes 50 Seconds East a distance of 47. 00 feet; thence South 45 Degrees 03 Minutes 08 Seconds East a distance of 16 . 42 feet ; thence South 0 Degrees _07 Minutes 33 Seconds West a distance of 117. 38 feet ; thence South 1 Degree 47 Minutes 00 Seconds East a distance of 60 . 03 feet; thence South 0 Degrees 07 Minutes 33 Seconds West a distance of 439 . 97 feet; thence South 89 Degrees 46 Minutes 10 Seconds West a distance of 555 . 79 feet ; thence South 83 Degrees 03 Minutes 04 Seconds West a distance of 61 . 72 feet; thence South 79 Degrees 54 Minutes 28 Seconds West a distance of 62 .22 feet ; thence South 79 Degrees 05 Minutes. 16 Seconds West a distance of 124 .75 feet; thence South 89 Degrees 46 Minutes 10 Seconds West a distance of 416 . 50 feet to a point on the West line of said Southwest Quarter; thence North 0 Degrees 00 Minutes 00 Seconds East, along said West line, a distance of 717. 00 feet to the POINT OF BEGINNING. LR:mv 8518D/686 Tract No . 4149/UGM 303 P.W. File No . 9025 SUBORDINATION The undersigned as holder of the beneficial . interest in and under that certain Deed of Trust recorded on December 19, 19 89 , in the office of the Fresno County Recorder in Book , . Page Document No. 89140412 of which the Deed of Trust in by and betweenPierce Lathing Co. Calif• Corp. DBA Pierce Fnterprises 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 and Fire Station Fees and Creation of Lien for- Tract No. 4149 , Phase II of Tentative Tract No . 3925 , Monte Vista No. 28 . DATED: October 5, 1990 UNION BANK, a California Corporation, as Tru ee and eficiary R. M. Du , Vi President Chuck Guinn, Vice President STATE OF CALIFORNIA COUNTY OF - FrPann T SS. On this 5th day of October , in the year 19.90. , before me, the undersigned, a Notary Public in a� w and for said County and State, personally appeared R. M. Dunn and Chuck Guinn personally known z to me (or proved to me on the basis of satisfactory evidence)to be the Z _ I.r{r-o Presidentrand 02 — — v t personally known to me (or proved to me on the basis of satisfactory cc Q evidence) to be — — — o$ Secretary of the corporation that ytecuted the with'q't strument, and u acknowledged to me that s rporation execute t within instru• _ ment pursuant to its bypWws or a resolution of its d of directors. OFICIAI SEAL DOROTHY L MURPHY r. NOTARY PUBLIC-CALIFORNIA Signature n NOTARY BOND FILED IN aFRESNO COUNTY Name (Typed or rin ed) Cartxnlemto�E"D�°maren��iw Notary Public in and for said County and State F. 2467 R 11 i82 (This area for official notarial seal)