The URL can be used to link to this page

Home My WebLink AboutT-4198 - Agreement/Covenant - 7/5/2006 (2) RLCORDID AT RLQUUT OF. � 90140432 �.... AT ...._.MIN. PAST.. ..M NOV 1 4 199 FRESNO COUNTY.CAUFORNIA GALEN LARSON.County Recorder PLEASE CONFORM F' $ -------------------SPACE ABOVEefl�FP Q A P.W. File No . 9073 Development Department UGM No . 391 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN :.-T act No. 4198 RECITALS WHEREAS, HERITAGE COMPANIES, INC. , a California Corporation, 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 . 4198/UGM 391, consisting of Nineteen (19) 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 WHEREAS, the Subject Property is subject to UGM Park fees pursuant to Sections 12-4 . 509 of the Fresno Municipal Code in the estimated amount of Eight Thousand Four Hundred Fifty and 00/100 Dollars ($8 , 450 . 00) for the following : f•' Statement of Covenants UGM Park Fees Page 2 UGM Neighborhood Park Fee Service Area No . 7 Zone District : R-1/UGM 5 . 00 Gross Ac @ $1, 690 . 00/Ac = $8 , 450 . 00 Total Estimated Amount $8, 450 . 00; 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 UGM Park Fees 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 . s Statement of Covenants UGM Park Fees 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: / ortP�s�rli�-t /qQy Accepted by: COVENANTOR COVENANTOR HERITAGE COMPANIES, INC. CITY OF FRESNO A California Corpor tion a Municip 1 Cor tion By By Alvin Solis , Director Kevin J. s anos Development Department Preside Bl-�- -- APPROVED AS TO FORM: Richard G . Wathen, Jr . Secretary HARVEY WALLACE City Attorney By puty (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ss . -- COUNTY OF FRESNO ) On th' s y of _ 1 LncccJ2/ in the year 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, CMC Ci y Clerk By Deputy. LR:ep LAND45/+652 S-1 ATI: OF CALIFORNIA COUNTY OF f-RESN o } 'S On this day of 02 7-0,16EK , in the year n g9U before me, the undersigned, a Notary Public in • y and for said County and State, personally appeared - X5V/1V -I-- personally known to me (or proved to me on the basis of satisfactory evidence) to be the President, and o J2�.ftR R D �. tl1t�'+T1fsN . . It personally known to me (or proved to me on the basis of satisfactory. Cr O evidence) be W ¢ Secretary of the corporation that executed the within Instrument, and J- 0 acknowledged to me that such corporation executed the within instru- ►F ment pursuant to its by-laws or a resolution of its board of directors. I OFFICIAL SEAL !I F. O t7 - _,; JULIA E SILVERSTROM _ NOTARY PUBLIC-CALIFORNIA o Signature \ FRESNO COUNTY My comm. expires FEE 8, 1993 N Name (Typed or Printed) Notary Public in and for said County and State F 2487 R t 1/82 (This area for official notarial seal) I � 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 The East 330 feet of the North 660 feet of Lots 11 and 12 of Perrin Colony No . 2 , according to the amended map thereof recorded in Volume 4 of Plats at Page 68 , Fresno County Records . LR:ep:LAND45/+652 Tract No . 4198/UGM 391 ' P.W. File No . 9073 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on October 2 1990 , in the office of the Fresno County Recorder in Book ------------ Page ---------- Document No . 90119239 of which the Deed of Trust in by and between Heritage Companies,, Inc. as Trustor, Verdugo Service Corporation as Trustee, and Gim a rtee Swings, a divisicn of Gyle EeJxal B3rkc , as B e n e f i c i a r y, hereby expressly subordinates .said Deed of Trust and its beneficial interest thereto to .the foregoing .Statement of Covenants for UGM Park and Creation of- Lien for Tract No . 4198 . DATED: October 4 1990 Guarantee Savings,, a division of Glendale Federal Bank By: -' William A. Hedge,, Vice President Penny L. 4Xchelii, Assistant Secretary STATE OF CALIFORNIA COUNTY OF } SS. o On this day of OGT08EiQ in theyear before me, the undersigned, a Notary Public in U) and for said County and State, personally appeared GE personally known to me (or proved to me on the basis of satisfactory evidence) to be the f Z V 65 President, and o ➢E n N y L. m I c,�+E Lr l apersonally known to me (or proved to me on the basis of satisfactory . o evidence) to be PrSS I ST J4 KT- &U TW ¢ Secretary of the corporation that executed the within Instrument, and F u acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. oJULiA E SILVERSTROM u eSignature !I(�� '" NOTARY PUBLIC -CALIFORNIA r�, FRES1.,0 C3J';TY U) \`_'' My comm. expires I-EB 8, 1993 Name (Typed or Printed) 'Votary Puhlic in and for said County and State