HomeMy WebLinkAboutT-4206 - Agreement/Covenant - 7/6/2006 (3) .a
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AT . PAST M
JUL 15 1991
FRFa+vtj tit.JUMI V."UPOFlNIA
WILLIAM C.GREENWOOD.County Record
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BY DEPUTY RECORDER
PLEASE CONFORM
-------------------ABOVE SPACE FOR RECORDER'S USE-------------------
P.W. File No . 9055 Development Department
UGM No . 404 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK FEES
AND CREATION OF LIEN
; fCt No. 4206
"Le Parc II"
A Planned Development
RECITALS
WHEREAS, LEO WILSON CO. , 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 . 4206 ,
consisting of One Hundred Six (106) 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
' i
STATEMENT OF COVENANTS
PARK FEES & CREATION OF LIEN
TRACT NO. 4206 "Le Parc II"
Page 2
WHEREAS, the Subject Property is subject to UGM Park fees
pursuant to 12-4 . 509 of the Fresno Municipal Code in the estimated
amount of Six Thousand Two Hundred Nine and 74/100 Dollars
($6, 209 . 74) for the following :
UGM Neighborhood Park Fee
Service Area No. 1
Zone District : R-1/UGM
24 . 74 Gross Ac @ $1, 102 . 00/Ac = $6, 209 . 74
Total Estimated Amount $6, 209 .74 ; 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.
r •
STATEMENT OF COVENANTS
PARK FEES & CREATION OF LIEN
TRACT NO. 4206 "Le Parc II"
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 .
STATEMENT OF COVENANTS
PARK FEES & CREATION OF LIEN
TRACT NO. 4206 "Le Parc II"
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: -:7-awe Z5' 199/
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
LEO WILSON CO. , INC.
a Californ' a Corporation
By
Alvin P. Solis, Director
Development Department By
Leo Wilson, President
APPROVED AS TO FORM:
HARVEY WALLACE
City Attorney
By (Attach Notary Acknowledgment)
6�VDeputy
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STATE OF CALIFORNIA SS.
COUNTY OF Fresno
On this 28th day of May in the year
1991 before me, the undersigned, a Notary Public in
in and for said County and State, personally appeared
Len A- Wilson personally known
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to me (or proved to me on the basis of satisfactory evidence) to be the
President, and T _ RONALD E. ��dF�l
p . „
j I— NOTAR'-PUBLIC-CALIFORNIA
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¢o evidimuLty,b,P ------ FRESNOCOUNTY
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— ¢ Se,CLe�yly o the corporation that executed the within Instrument, and My Commission gip.S'.Dt 24 1934 `
a acknowledged to me that such corporation executed the within instru
U mens pursuant to its by-laws or a resolution of its board of directors.
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Signature
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Name (Typed or Printed)
Notary Public in and for said County and State
C' (Thic arra fnr nffirial nnrarial crall
STATEMENT OF COVENANTS
PARK FEES & CREATION OF LIEN
TRACT NO. 4206 "Le Parc II"
Page 5
CLERK' S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss .
CITY OF FRESNO )
On this z�th day of `�� L�-�c- in the year 14M/ 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
Deputy
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LAND135/+2125
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EXHIBIT "A"
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 34 , 35, 36, 54, 55 AND 56 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, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 23 , TOWNSHIP 12
SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN; THENCE ALONG
THE CENTERLINE OF EAST CHAMPLAIN DRIVE AS DESCRIBED BY DOCUMENT
NO. 89049695 , OFFICIAL RECORDS FRESNO COUNTY; THENCE NORTH
00° 23 ' 37" EAST, A DISTANCE OF 90 . 12 FEET; THENCE ALONG THE
CENTERLINE OF EAST CHAMPLAIN DRIVE AS DESCRIBED BY SAID DOCUMENT
NO. 89049695 , NORTH 000 23 ' 37" EAST, A DISTANCE OF 53 . 61 FEET TO
THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE SOUTHWEST,
HAVING A RADIUS OF 900 . 00 FEET; THENCE NORTHWESTERLY CONTINUING
ALONG SAID CURVE AND THE CENTERLINE OF EAST CHAMPLAIN DRIVE AS
DESCRIBED BY DOCUMENT NO. 89049695 THROUGH AN INTERIOR ANGLE OF
630 23 ' 39" , AN ARC DISTANCE OF 995 . 79 FEET TO THE POINT OF
TANGENCY; THENCE CONTINUING ALONG THE CENTERLINE OF EAST CHAMPLAIN
DRIVE AS DESCRIBED BY SAID DOCUMENT NO. 89049695 NORTH 630 00 ' 00"
WEST, A DISTANCE OF 73 . 80 FEET TO THE TRUE POINT OF BEGINNING OF
THIS DESCRIPTION; THENCE CONTINUING ALONG THE CENTERLINE OF
EAST CHAMPLAIN DRIVE AS DESCRIBED BY SAID DOCUMENT NO. 89049695
NORTH 630 00 ' 00" WEST, A DISTANCE OF 115 . 05 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF
1550 . 00 FEET; THENCE NORTHWESTERLY CONTINUING ALONG SAID CURVE AND
THE CENTERLINE OF EAST CHAMPLAIN DRIVE AS DESCRIBED BY SAID
DOCUMENT NO. 89049695 THROUGH AN INTERIOR ANGLE OF 110 47 ' 00" , AN
ARC DISTANCE OF 318 . 77 FEET TO THE POINT OF TANGENCY; THENCE
CONTINUING ALONG THE CENTERLINE OF EAST CHAMPLAIN DRIVE AS
DESCRIBED BY SAID DOCUMENT NO. 89049695, NORTH 51' 13 ' 00" WEST, A
DISTANCE OF 217 .79 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE
TO THE SOUTHWEST, HAVING A RADIUS OF 1250 .00 FEET; THENCE
NORTHWESTERLY CONTINUING ALONG SAID CURVE AND THE CENTERLINE OF
EAST CHAMPLAIN DRIVE AS DESCRIBED BY SAID DOCUMENT NO. 89049695
THROUGH AN INTERIOR ANGLE OF 18' 22 ' 00" , AN ARC DISTANCE OF
400 . 70 FEET TO THE POINT OF TANGENCY; THENCE CONTINUING ALONG THE
CENTERLINE OF EAST CHAMPLAIN DRIVE AS DESCRIBED BY SAID DOCUMENT
NO. 89049695, NORTH 69' 35 ' 00" WEST, A DISTANCE OF 94 . 10 FEET;
THENCE LEAVING SAID CENTERLINE, SOUTH 20' 25 ' 00" WEST, A DISTANCE
OF 53 . 00 FEET TO THE POINT OF INTERSECTION WITH THE SOUTHWESTERLY
RIGHT—OF—WAY LINE OF EAST CHAMPLAIN DRIVE AS DESCRIBED BY SAID
DOCUMENT NO. 89049695, SAID POINT BEING THE MOST EASTERLY
NORTHEASTERLY POINT ON OUTLOT A AS SHOWN ON TRACT NO. 3374 ,
RECORDED
EXHIBIT "A"
TRACT NO. 4206 "Le PARC II"
Page 2
IN VOLUME 47 AT PAGES 97-100, FRESNO COUNTY RECORDS; THENCE ALONG
SAID OUTLOT "A" THE FOLLOWING DESCRIBED COURSES: THENCE SOUTH
71° 56 ' 00" WEST, A DISTANCE OF 98 . 22 FEET; THENCE SOUTH
320 26 ' 00" WEST, A DISTANCE OF 70 . 00 FEET; THENCE SOUTH
08° 40 ' 00" EAST, A DISTANCE OF 40 . 00 FEET; THENCE SOUTH
81° 19 ' 00" WEST, A DISTANCE OF 15 . 00 FEET; THENCE SOUTH
32' 26 ' 00" WEST, A DISTANCE OF 43 . 00 FEET; THENCE SOUTH
73° 51 ' 30" WEST, A DISTANCE OF 22 . 67 FEET; THENCE SOUTH
320 26 ' 00" WEST, A DISTANCE OF 50 . 00 FEET; THENCE SOUTH
14° 35 ' 00" EAST, A DISTANCE OF 22 . 00 FEET; THENCE SOUTH
790 27 ' 00" WEST, A DISTANCE OF 22 . 00 FEET; THENCE SOUTH
320 26 ' 00" WEST, A DISTANCE OF 30 . 00 FEET; THENCE SOUTH
110 59 ' 00" EAST, A DISTANCE OF 70 . 00 FEET; THENCE SOUTH
760 51 ' 00" WEST, A DISTANCE OF 70 . 00 FEET; THENCE SOUTH
32' 26 ' 00" WEST, A DISTANCE OF 68 . 00 FEET; THENCE SOUTH
77' 42 ' 00" WEST, A DISTANCE OF 32 . 77 FEET; THENCE SOUTH
29° 03 ' 30" WEST, A DISTANCE OF 33 . 29 FEET; THENCE SOUTH
690 35 ' 30" WEST, A DISTANCE OF 45 . 87 FEET; THENCE SOUTH
320 46 ' 00" WEST, A DISTANCE OF 82 . 12 FEET; THENCE SOUTH
120 40 ' 50" EAST, A DISTANCE OF 125 . 00 FEET; THENCE SOUTH
620 18 ' 30" EAST, A DISTANCE OF 151. 15 FEET TO THE POINT OF
INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF NORTH MOUNT VERNON
DRIVE ACCORDING TO THE MAP OF TRACT NO. 3374 , RECORDED IN VOLUME
41 OF PLATS AT PAGES 97-100 , FRESNO COUNTY RECORDS; THENCE SOUTH
460 17 ' 00" EAST, A DISTANCE OF 50 . 00 FEET TO THE POINT OF
INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF NORTH MOUNT VERNON
DRIVE AND NON-TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS
OF 200 . 00 FEET; THENCE SOUTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE
THROUGH AN INTERIOR ANGLE OF 530 13 ' 30" ; AN ARC DISTANCE OF
185 . 79 FEET TO THE POINT OF TANGENCY; THENCE SOUTHERLY ALONG SAID
EAST RIGHT-OF-WAY SOUTH 090 30 ' 30" EAST, A DISTANCE OF 127 . 72
FEET; THENCE SOUTH 540 30 ' 30" EAST, A DISTANCE OF 17 . 74 FEET TO
THE POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF
EAST FOXHILL DRIVE ACCORDING TO SAID MAP OF TRACT NO. 3374 ; THENCE
NORTH 80' 29 ' 30" EAST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A
DISTANCE OF 8 .46 FEET; THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE
SOUTH 090 30 ' 30" EAST, A DISTANCE OF 30 .00 FEET TO THE POINT OF
INTERSECTION WITH THE CENTERLINE OF EAST FOXHILL DRIVE; THENCE
NORTH 800 29 ' 30" EAST, A DISTANCE OF 130 .01 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF
575 . 00 FEET; THENCE EASTERLY THROUGH AN INTERIOR ANGLE OF
110 30 ' 0611 , AN ARC DISTANCE OF 115 . 43 FEET TO THE POINT OF
TANGENCY; THENCE SOUTH 880 00 ' 24" EAST, A DISTANCE OF 380 . 31 FEET
TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST,
HAVING A RADIUS OF 575 . 00 FEET; THENCE NORTHEASTERLY THROUGH AN
INTERIOR ANGLE OF 64' 59 ' 36" , AN ARC DISTANCE OF 652 . 25 FEET TO
THE POINT OF TANGENCY; THENCE NORTH 270 00 ' 00" EAST, A DISTANCE
OF 248 . 00 FEET TO THE TRUE POINT OF BEGINNING.
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LAND-135/2128
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Tract No . 4206/UGM 404
P.W. File No . 9055
SUBORDINATION
The undersigned as holder of the beneficial interest in and under
that certain Deed of Trust recorded on March 22. 19911.
in the office of the Fresno County Recorder in Book ,
Page Document No . 90032598 of which the
Deed of Trust in by and between LEO WILSON CO. , INC. , a California Corporation
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 . 4206/UGM 404 , "Le Parc II, " a Planned
Development .
DATED: May 31, 19 91
UNION BANK, a California Corporation,
as Trustee and Benefi ry
By:
Ronald M. Dunn, Vice President
Chuck Guinn, Vice President
(Attach Notary Acknowledgement)
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LAND-135/2125
i
State of California )
County of Fresno )
On May 31 , 1991 before me, Dorothy L. Murphy, a
' Notary Public in and for said State, personally appeared Ronald M. Dunn
1 Vice President , and Chuck Guinn +
Vire Prpsi_dpnt , 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 me 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 instrument',
WITNESS my d and official s
Signature: z:4e
L SEAL
Do by L. Murp i / DOROTHY L. MURPHY
NOTARY PUBLIC•CALIFORNIA
i � FRESNO COUNTY
\\ MY COMMISSION EXPIRES
MARCH 16, 1992
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