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Home My WebLink AboutT-4190 - Agreement/Covenant - 7/5/2006 (2) Y kECORMuw1 .il UP pl.E?.SE 92149806 CENTRAL. TITL��ANY A't IN. PAS M SEP 3 0 1992 FREP40 COUNTY,GALIFORW Wf 0.LLMM C.GREENWOOD.County Recorder -------------------ABOVE SPACE FOR RECOR81Rq Uff�-A $!7p- -- Parcel Map No . 92-05 Development Department P. W. File No . 5494 City of Fresno Tract No. 4190 P.W. File No . 9243 STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN (Parcel Map No. 92-05) (Tract No. 4190) RECITALS WHEREAS, REGENCY-WILSON IV, 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, " consisting of two parcels; 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 Forty-Seven Thousand Six Hundred Eighty-Eight and 55/100 Dollars ($47, 688 . 55) for the following : Statement of Covenants For UGM Park Fees Parcel Map No . 92-05 Tract No . 4190 Page 2 UGM Neighborhood Park Fee Service Area No. 7 Zone District : R-1-C-UGM 42 . 77 Gross Ac @ $1, 115 . 00/Ac $47, 688 . 55 Total Estimated Amount $47, 688 . 55; and WHEREAS, Covenantor desires to have Final Parcel Map No. 92-05 subdividing the Subject Property and subsequent resubdivision of the Subject Property by Tract No. 4190 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 are 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 Parcel 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 built upon the Subject Property. Such fees may be paid for individual parcels or lots, if applicable. 2 . The UGM fees due shall be calculated by the City consistent with the zoning in effect at the time of their payment, and shall be those amounts most recently established by the Council . Statement of Covenants For UGM Park Fees . Parcel Map No . 92-05 Tract No . 4190 Page 3 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 . The provisions of this Statement shall be deemed independent and severable and the invalidity or partial invalidity or V • Statement of Covenants For UGM Park Fees Parcel Map No . 92-05 Tract No . 4190 Page 4 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: ,L!` 2� z q /9 9 2- CITY OF FRESNO, COVENANTOR a MunicippoK4,tion REGENCY-WILSON IV, a California BY Limited Partnership Alvin P. Solis, Director Development Department By: Leo Wilson Company, Inc. , a California Corporation, APPROVED AS TO FORM: General Partner HARVEY WALLACE City Attorney By: o A. Wilson, President By Deputy 46.,->, - STATE OF CALIFQRNIA 1 COUNTY OF Fresno I On this 15th day of September ,is the year of 1992 • before me, the undersigned, a Notary Public in and for said County and State, personWy appeared Leo A. Wi l s on paonaft known I = to me (or proved to me on the basis of satisfactory evidence)to be the President,and R3NA0 E. H43BS i IZ �eaaaaaltykaormlatoelaroradn�sbasisafsatisfactory _r` M�F=�?� FBL C AL. GR,^4A IL evidence),MrftVX---- :Cc iN E ��•. Leo Wilson Co_ _ Znc_♦ , cs:,:o%c j�;! the corporation that executed the witbiin instrument and kaown to me !,,_ �, 13 ggq to be the persons who executed the within instrument on behalf of said corporation, saidoq corporatip known, me to be one of the h partners of Ftsg 3E, cfm 10 partnership that executed the within mwument-and acknowkdsed to me that such corporation executed the same as such partner and that s, ttnership executed the same. Name (Typed or Printed) Notary Public in and for said County and State FOR NOTARY SEAL OR STAMP Y r Statement of Covenants For UGM Park Fees Parcel Map No . 92-05 Tract No . 4190 Page 5 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On this 2"111� day of in the year %99 2- before mem» personally appeared personally known to me dor 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 Deputy RD: jld LAND308/+4891 GL2 L25 or L27 and L29 06 t ' Tract No . 4190 Parcel Map No . 92-05 EXHIBIT "A" That portion of the East half of the Northwest quarter of Section 36, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, according to the official Plat thereof, described as follows : BEGINNING at the center quarter corner of said Section 36; thence North 00 Degrees 02 Minutes 04 Seconds West, along the East line of the Northwest quarter of said Section 36, a distance of 664 . 19 feet to the Southeast corner of the North half of the Southeast quarter of the Northwest quarter of said Section 36 , said point being the TRUE POINT OF BEGINNING; Thence South 89 Degrees 53 Minutes 59 Seconds West, along the South line of the North half of the Southeast quarter of the Northwest quarter of said Section 36, a distance of 1318 . 44 feet to the Southwest corner of the North half of the Southeast quarter of the Northwest quarter of said Section 36; thence North 00 Degrees 01 Minutes 01 Seconds West, along the West line of the East half of the Northwest quarter of said Section 36, a distance of 1397 . 70 feet; thence North 89 Degrees 58 Minutes 59 Seconds East a distance of 105 . 00 feet; thence North 00 Degrees 01 Minutes 01 Seconds West a distance of 9 . 38 feet ; thence North 89 Degrees 46 Minutes 31 Seconds East a distance of 983 . 79 feet ; thence North 00 Degrees 02 Minutes 04 Seconds West a distance of 40 . 93 feet; thence North 89 Degrees 57 Minutes 56 Seconds East a distance of 50 . 00 feet; thence South 45 Degrees 02 Minutes 04 Seconds East a distance of 17 . 45 feet; thence North 89 Degrees 57 Minutes 56 Seconds East a distance of 100 .20 feet; thence North 44 Degrees 57 Minutes 56 Seconds East a distance of 16 . 53 feet; thence North 00 Degrees 02 Minutes 04 Seconds West a distance of 1 . 31 feet; thence North 89 Degrees 57 Minutes 56 Seconds East a distance of 55 . 00 feet to a point on the East line of the Northwest quarter of said Section 36; thence South 00 Degrees 02 Minutes 04 Seconds East, along the East line of the Northwest quarter of said Section 36, a distance of 1450 . 39 feet to the TRUE POINT OF BEGINNING . RD: jld LAND308/+4891 GL2 L25 or L27 and L29 CASHIER 5 MEPA0 .. MA WIN DEPARTMENT OF FINANCETOTAL 183 BY PLEASE SIGN yME 0