The URL can be used to link to this page

Home My WebLink AboutT-4231 - Agreement/Covenant - 7/7/2006 (2) i or OENTRCOMPAW AT RAW nAcT M OCT 16 1991 _. .ORNIA WILLIAM C.GREENWOOD,County Recorder VEPf-------------------ABOVE SPACE FOW ' C D R P.W. File No . 9063 Develotment UGM. No. 405 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN Tract No . 4231 RECITALS WHEREAS, REGENCY-WILSON, 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 . 4231, consisting of Forty-Seven (47) 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 Fire Station and Park fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno Municipal Code in the estimated amount of Forty-Six Thousand Five Hundred Sixty-Three and 00/100 Dollars ($46, 563 . 00) for the following: t Statement of Covenants UGM Fee Deferral Tract No . 4231/UGM 405 Page 2 UGM Fire Station Fee Service Area No . 21 Zone District : R-1/UGM 18 .70 Gross Ac @ $1, 388 . 00/Ac $25,955. 60 UGM Neighborhood_ Park Fee / ) Service Area No . 1 Zone District : R-1/UGM 18 . 70 Gross Ac @ $1, 102 . 00/Ac = $20, 607 . 40 Total Estimated Amount $46, 563 . 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 Fire Station and 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 Fire Station and 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 Fee Deferral Tract No . 4231/UGM 405 Page 3 Each of the covenants, conditions, and restrictions contained in this Statement shall run with the Subject Property and shall )_)e 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 unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any one provisions hereof . r Statement of Covenants UGM Fee Deferral Tract No . 4231/UGM 405 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: �L% � /99/ CITY OF FRESNO, COVENANTOR a Municipal C poration %J111 By REGENCY-WILSON II , a California Alvi P. Solis, Director Limited Partnership Development Department By: Leo Wilson Co. , Inc. , a APPROVED AS TO FORM: California Corporation General Partner HARVEY WALLACE City Attorney ` By: ByL o A. Wilson, President Deputy (Attach Notary Acknowledgment) f COU N I Y(1F _ Fresno On this 28th day of August in the year of 1991 , before me,the undersigned, a Notary Public in and for/ said Coupty and State,personally appeared ' d Poo A. Wilson personalty known oatctAt 3FAf t Qto me (or proved to me on the basis of satisfactory evidence) to be the PATRICIA A. BIXLER W _President, NOTARY PUBLIC-CALIFORNIA z NOTARY BOND FILED IN FRIESNO IL 1+I?[94Q9�)C174444�itX%Q1ftffl X§0X%fXgMX'X*9101-3 f}�E'�DE11 a I,�,Oornm�lon Expkw jw%j ''12.19103 0 0 IXsMl Leo Wilson Co., Inc. F 7IlDtMAK.of five corporation that Gecuted the within instrument and known to me to be the persons who executed the within instrument on behalf of said �¢` Irnrporation, y� pJ,1lk9o�vn t rpm j�e ope SZ,I�he esp v partners of " �"Z_ $ 1L• sm�Q partnership that executed floe within Instrument,and acknowledged to Inc float such corporation executed the sam as such partner and that • such r e ship executed the sa fir i' 14 Patricia A. Bizler Name (Typed or Printed) Notary Public in and for said County and State FOR NOTARY SEAL OR STAMP CT-78 Statement of Covenants .. UGM Fee Deferral Tract No. 4231/UGM 405 Page 5 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On this day of in the year before mecLc OLmbc , 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 Deputy LR: jjw LAND170/+2711/GL Tract No . 4231/UGM 405 P.W. File No . 9063 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 : THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 23 , TOWNSHIP 12 SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF FRESNO, FRESNO COUNTY, CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT TOWNSHIP PLAT, DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 23 ; THENCE NORTH 890 53 ' 55" EAST, ALONG THE NORTH LINE OF SAID SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 23 , A DISTANCE OF 2065 . 58 FEET, MORE OR LESS, TO A POINT WHICH IS 594 FEET WEST OF THE NORTHEAST CORNER OF SAID SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 23 ; THENCE SOUTH 000 23 ' 36" WEST, PARALLEL WITH AND 594 FEET WEST OF THE EAST LINE OF SAID SOUTH HALF, A DISTANCE OF 369 .47 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THE PARCEL GRANTED TO THE CLOVIS UNIFIED SCHOOL DISTRICT BY DEED RECORDED OCTOBER 19 , 1988, AS DOCUMENT NO. 88115401, OFFICIAL RECORDS OF FRESNO COUNTY; THENCE, ALONG THE NORTHERLY LINE OF SAID CLOVIS UNIFIED SCHOOL DISTRICT PARCEL, SOUTH 890 41 ' 19" WEST A DISTANCE OF 671 . 50 FEET, THENCE SOUTH 370 20 ' 13" WEST, A DISTANCE OF 212 . 67 FEET AND SOUTH 490 36 ' 34" WEST A DISTANCE OF 30 .00 FEET TO A POINT ON A CURVE, CONCAVE TO THE SOUTHWEST, HAVING. A RADIUS OF 509 . 91 FEET, THE RADIAL TO SAID POINT BEARS NORTH 490 36 ' 34" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A DELTA ANGLE OF 490 42 ' 39" , AN ARC DISTANCE OF 442 . 41 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 890 53 ' 55" WEST A DISTANCE OF 625 .23 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 700 . 00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A DELTA ANGLE OF 15° 38 ' 06" , AN ARC DISTANCE OF 191 .02 FEET TO A POINT, THE RADIAL TO SAID POINT BEARS NORTH 150 44 ' 11" WEST; THENCE NORTH 150 44 ' 11" WEST A DISTANCE OF 84 . 89 FEET TO THE POINT OF CURVATURE OF-A CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 360 . 00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A DELTA ANGLE OF 150 42 ' 54" , AN ARC DISTANCE OF 98 . 74 FEET TO THE POINT OF TANGENCY; THENCE NORTH 000 01' 17" WEST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 23 , A DISTANCE OF 226 . 62 FEET TO THE POINT OF BEGINNING. LR: jld:et LAND170/+2711 I L Tract No. 4231/UGM 405 P.W. File No . 9063 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on July 19. , 19 91 , in the office- of the Fresno County Recorder in Book N/A , Page N/A Document No . 91086524 of which the Deed of Trust in by and between Regency-Wilson, II, ACalifornia Limited Partnership as Trustor, Commerce Securities Corp as Trustee, and Bank of Fresno as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for Tract No . 4231 . DATED: September- 29, 19 91 flank-of Fresno, a State Chartered Bank BY: Evekyn Holliman, Vice President BY: Diane L. Decker, Corporate Secretary (Attach Notary Acknowledgement) LR: jjw:et LAND170/+2708/GL-L77 r PF 1 STATE OF CALIFORNIA On this.....27.th........day of...Septazber.•.'•.''.''..'•...,in the year COUNTY OF....FresnoSs. .1.991..................................... .................. ,before me, •••••••••••••••• H. Elaine Vetter ...........................................a Notary Public,State of California, duly licensed and sworn,personally appeared Etre l.ya 1fa 1.1 iann,V.i ce.... P.resident.and.Di ane.Decker,..Secre tary........... ............ OFFICIAL SEAL personally known to me(or proved to me on the basis of satisfactory evidence) H. ELAINE VETTER Notary vuwjo-Cauroma to be the person who executed the within instrument as.stated.............. FOMy FRESNOWUNTY or on behalf of the corporation therein named and acknowledged to me that Comm.6v."Ss IM such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the.St_.o f.m l i•f ''••''r County of.Fresno. The daw~n•«w'a wW+I ior^wh.Ch^w be oma«for u»rs,.w. ...,on the date set forth ab ve in this certificate. ............................. HaltaaoflotM aro n no way WW or M"WMao O atx•alt a P M U for Ma a4Yroa of M ma wy.TIM prraar Aon ra nMaa any twraMy aMM a+or1Y O ntpaao as b oM �� i "M vamtry of&V Orotum Or eM WA&Wfy CO aMM kora r any aoaOlta Mmacwn. C Notary Public,State of California Cowdery's Form No.28—Acknowledgement to Notary Public— 11-5-91 Corporation(C.C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires ;. �:. �; ::•` is ....l:' A': :.Y: .' 7•: 4i: ..�. �'. :;: :.i•". . i: ..... ..... ...... ..... ...............ti{iii ?tip :. ii:iritiie:% 'i :tl{.. .ttt':ii:. ... .......i'... ..... ......... ... ..... .... .. ..... 5 •'S'•til':•ti'�{{{� •:t. .{tt .. .. .. .. .... . t 5 5 5 ....5 5 . 2.1 '•�ii Y