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HomeMy WebLinkAboutT-4171 - Agreement/Covenant - 7/5/2006 (2) >1 � g si-+e. so IY ` 1 8054892 Pk-GASE CO3\tFoR - ------- -------------------ABOVE SPACE FOR RECORDER' S USE------------------- P.W. File No . 9009 Development Department UGM No. 389 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 4171 RECITALS WHEREAS, REGENCY-WILSON I , 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 . 4171, consisting of Eighty-Eight (88) 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 . Covenant/UGM Park Fees Tract No . 4171 Page 2 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 Forty-One Thousand One Hundred Seventy and 72/100 Dollars ($41, 170 . 72) for the following : UGM Neighborhood Park Fee Service Area No. 1 Zone District: R-1/UGM 37 . 36 Gross Ac @ $1, 102 . 00/Ac = $41, 170 . 72 Total Estimated Amount $41, 170 . 72 ; 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. Covenant/UGM Park Fees Tract No. 4171 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 transferable 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/UGM Park Fees Tract No . 4171/UGM 389 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: 42 . - C_ / CITY OF FRESNO, COVENANTOR a Municipal Corporation ��� REGENCY-WILSON I , a California By 1_j1'^ Limited Partnership Alvin P. Solis, Director Development Department By: Leo Wilson Co . , Inc . a California Corporation General Partner APPROVED AS TO FORM: HARVEY WALLACE By: City Attorney L o A. Wilson President ,4 By 'An� 01 ZJWZ:�� Deputy (Attach Notary Acknowledgment) LR:mv LAND106/1647 Covenant/UGM Park Fees Tract No . 4171/UGM 389 Page 5 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On this day of in the year 4 before me 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 City Clerk By -i-�►s� � Deputy LR:mv LAND106/1647+ STATE OF CALIFORNIA t COUNTY OF Fresno ri 1 } SS. 10th A On this day of p in the year of 1991 , before me, the undersigned, a Notary Public in and for said County aWind State, personally appeared Leo A. lson d personally known OftCu►L sEAt. = to me (or proved to me on the basis of satisfactory evidence) to be the PATRICIA A. BIXLEPUBLIC-CALIFORNIR H OTARY Z President, XXX N NOTARY BOND FILED IN lA I.- FRESNO COUNTY Compnlssbn Expkes Jsnuery 12.19D3 o �"R9� 'X ►_ �ecr4tgit . Q fALt'Cat�PP ton that executed the within instrument and known to me (' a to be the persons who executed the within instrument on behalf of said a corporation, said corporation b ng known to me t b pn of the C partners of Regency-Wl SOR I, a �a�iornla Limited Partnerhsip partnership that executed the within instrument, and acknowledged to me that such corporation executed:=— Patricia partner and that such p ership executed the me �iCtC�LI. o A. Bi er Name (lyped or Printed) Notary Public in and for said County and State FOR NOTARY SEAL OR STAMP r 7r. EXHIBIT "A" Tract No. 4171 The Subject Property referred to in these Covenants is situated in the State of California, County of Fresno, City of Fresno and is described as follows : That portion of Lots 33, 34 and 35 of Perrin Colony No. 2 , in the City of Fresno, County of Fresno, State of California, according to amended map thereof recorded in Volume 4 of Plats at Pages 68, Fresno County Records, described as follows : BEGINNING at the Northeast corner of said Lot 33 , said Northeast corner also being the Center Quarter of Section 23 , Township 12 South; Range 20 East, Mount Diablo Base and Meridian; thence South 0010 23 ' 54" West, along the East line of the Southwest Quarter of said Section 23, along the East line of said Lots 33 and 34 , a distance of 1330 . 57 feet to the Southeast corner of said Lot 34, said Southeast corner also being the Northeast corner of the Southeast Quarter of the Southwest Quarter of said Section 23 ; thence North 890 36 ' 21" West, a distance of 211 .22 feet to the Point of Curvature of a curve concave Northerly with a radius of 870 . 00 feet; thence Westerly along said curve through a central angle of 0810 56 ' 21" and an arc length of 135 . 74 feet to the Point of Tangency; thence North 800 40 ' 00" West, a distance of 62 . 70 feet to a point on a curve concave to the Northwest with a radius 575 . 00 feet, a radial through said point bears South 8010 40 ' 00" East, thence Southwesterly along said curve through a central angle of 170 40 ' 00" and an arc length of 177 .30 feet; thence South 270 00 ' 00" West, a distance of 225 .00 feet; thence North 630 00 ' 00" West a distance of 115 . 05 feet to the Point of Curvature of a curve concave to the Northeast with a radius of 1550 .00 feet; thence Northwesterly along said curve through a central angle of 110 47 ' 00" and an arc length of 318. 77 feet to the Point of Tangency; thence North 5110 13 ' 00" West, a distance of 217 .79 feet to the Point of Curvature of a curve concave to the Southwest with a radius of 1250.00 feet; thence Northwesterly along said curve through a central angle of 060 35 ' 50" and an arc length of 143 .93 feet; thence North 3210 11 ' 10" East, a distance of 53 .00 feet; thence North 3610 57 ' 59" East, a distance of 618. 91 feet to a point on a curve concave to Southwest with a radius of 545 . 00 feet, a radial through said point bears North 1610 24 ' 42" East; thence Northwesterly along said curve through a central angle of 04' 48 ' 15" and an arc length of 45 . 70 feet to the Point of Reverse Curvature of a curve concave to the Northeast with a radius of 530 . 00 feet; thence Northeasterly along said curve through a central angle of 68' 52 ' 08" and an arc length of 637 . 06 feet to the Point of Tangency; thence North 09' 31 ' 25" West, a Exhibit "A" Tract No. 4171 Page 2 distance of 165 . 82 feet; thence North 55° 23 ' 17" West, a distance of 16 .46 feet to a point on a curve concave Southerly with a radius of 1508 . 00 feet, a radial through said point bears North 11° 06 ' 46" West, thence Westerly along said curve through a central angle of 000 08 ' 18" and an arc length of 3 . 64 feet; thence North 110 15 ' 04" West, a distance of 42 . 00 feet to a point on a curve concave Southerly with a radius of 1550. 00 feet, a radial through said point bears North 11' 15 ' 04" West; thence Easterly along said curve through a central angle of 10' 56 ' 23" and an arc length of 295 .95 feet to the Point of Tangency, said point being on the North line of said Lot 33 , said line being also the North line of the Southwest Quarter of said Section 23 ; thence North 89' 41' 19" East, along the North line of said Lot 33 , along the North line of * the Southwest Quarter of said Section 23, a distance of 1050. 00 feet to the POINT OF BEGINNING. LR:mv SENT106/1653+ Tract No. 4171/UGM 389 P.W. File No. 9009 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on March 25. 1991 , 19 , in the office of the Fresno County Recorder in Book , Page Document No. 91034034 of which the Deed of Trust in by and between Regency-Wilson I. 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 for Tract No . 4171 . DATED: April 10, 1991 UNION BANK, a California Corporation, as Trustee and eviciary &/� Ronald M. Dunn, Vice President Thomas G. Walker, Loan Officer State of California ) - - • County of Fresno ) On April 10, 1991 before me, Dorothy L. Murphy, a Notary Public in and for said State, personally appeared Ronald M. Dunn Vice President and Thomas G WaT -Pr s Tnan OffirPr , respectively, of UNION BANK, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to sae that they executed the same in their authorized capacities and that by their signatures on the instrument the person(s) , or the entity upon behalf of which the persons acted, executed the instrumen WITNESS my nd and offici eal. DOROTHY !. M RF44Y -ri NOTARY PL1BL:�CALIFOriN A NOTARY BOND FILED IN FRESNO COUNTY Signature: t o mission Ewims Much 1e,19e2 Exhibit "A" , Tract No. 4171 Page 2 distance of 165 . 82 feet; thence North 55' 23 ' 17" West, a distance of 16 .46 feet to a point on a curve concave Southerly with a radius of 1508 .00 feet, a radial through said point bears North 11' 06 ' 46" West, thence Westerly along said curve through a central angle of 00' 08 ' 18" and an arc length of 3 . 64 feet; thence North 11' 15 ' 04" West, a distance of 42 .00 feet to a point on a curve concave Southerly with a radius of 1550. 00 feet, a radial through said point bears North 11' 15 ' 04" West; thence Easterly along said curve through a central angle of 10' 56 ' 23" and an arc length of 295 . 95 feet to the Point of Tangency, said point being on the North line of said Lot 33, said line being also the North line of the Southwest Quarter of said Section 23 ; thence North 89' 41 ' 19" East, along the North line of said Lot 33 , along the North line of ' the Southwest Quarter of said Section 23, a distance of 1050 .00 feet to the POINT OF BEGINNING. LR:mv SENT106/1653+ STATE OF CALIFORNIA ss. COUNTY OF Fresno On this 26th day of April in the year 19 91 before me, the undersigned, a Notary Public in and for said State, personally appeared oMM stint Philip i p C. Crouse ELIZABETH AYALA NOTARY PUBUCCALIFORNIA personally known to me 00 PRINCIPALOFFICE IN (or proved to me on the basis of satisfactory evidence) to be the persons who executed the FRESNO COUNTY within instrument as ---- President --------- , My Commission EXP. Sep. 1, 1993 respectively,of the Corporation therein named,and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official s ACKNOWLEDGMENT—Corp—Pres 6 Sec.—Woicotts Form 222CA—Rev. 11.87 ©198JWOLCOTTS.INL (prceclass8-2( Notary Pu4inar said State. -- — Tzact No. 4171/UGM 389 • P.W. File No. 9009 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on March 25 19 91 , in the office of the Fresno County Recorder in Book --- Page --- Document No . 91034035 of which the Deed of Trust in by and between Regency-Wilson I as Trustor, United Security Bank. N.A. as Trustee, and United Security Bank, N.A. 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 for Tract No . 4171 . DATED: April 10 19 9 )aL CLLUL�� i Philip C. CAouse, President Ai. Al h, Vice President STATE OF CALIFORNIA ss. COUNTY OF Fresno On this 10th day of April in the year 191 before me, the undersigned, a Notary Public in and for said State, personally appeared W. Al-lqn Johnson and personally known to me 4' ('lPOAL SEAL lt (or proved to me on the basis of satisfactory evidence) to be the persons who executed the ELiZAPETH AYALA I� Vice President a� Secretary, iJOTh.F<Y PU 3:_!CCAL ORN l ` within instrument as PRIfvC�;�.,1 OFFIC!_ IN '1 respectively,of the Corporation therein named,and acknowledged to me that the Corporation rr FRESNO COUNTY I executed it pursuant to its by-laws or a resolution of its board of directors. My Commission Exp. Sep. 7, 199: f I WITNESS my hand and official seal. I .I i' ACKNOWLEOGMENT—Corp—Fres &Sec—Wolcolts Form 222CA—Rev 11-83 otary Public in and for s State. 1983 WOLCOTIS INC (price crass 8-2)