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Home My WebLink AboutT-4255 - Agreement/Covenant - 7/7/2006 (2) 911174397 OE �T • AT CAIN PACT SEP 2 0 1991 FHt;.w,P vuur*i v._mL&ORNIA WILUAM C.GREENWOOD,County Recorder ' FEE PLEASE CONFORM 45' qy lwg y RECORD -------------------ABOVE SPACE FOR RECORDER S USE--------- ---- P.W. File No. 9164 Development Department UGM No . 409 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No . 4255 "Crown Sierra Estates" Phase I of Tentative Tract No. 4255 RECITALS WHEREAS, ASSEMI DEVELOPMENT, 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. 4255, consisting of Sixty-Seven (67) 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 12-4 . 509 of the Fresno Municipal Code in the estimated amount of Twenty-Four Thousand Seventy-Seven and 64/100 Dollars ($24 , 077 . 64) for the following : STATEMENT OF COVENANT UGM PARK FEES AND CREATION OF LIEN T-4255 - Crown Sierra Estates Page 2 UGM Neighborhood Park Fee Service Area No. 6 Zone District : R-1/UGM 21 . 27 Gross Ac @ $1, 132 . 00/Ac = $24 , 077 . 64 Total Estimated Amount $24 , 077 . 64 ; 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 . STATEMENT OF COVENANT UGM PARK FEES AND CREATION OF LIEN T-4255 - Crown Sierra Estates 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 unenforceability of any one provision or portion thereof shall not STATEMENT OF COVENANT UGM PARK FEES AND CREATION OF LIEN T-4255 - Crown Sierra Estates Page 4 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: '�� r�s2' f 1,� 1 91 CITY OF FRESNO, COVENANTOR a Municipal Corporation ASSEMI DEVEL M NT, INC. J 7 i poration By � Alv' . Solis, Director Development Department By F rid Assemi , President APPROVED AS TO FORM: HARVEY WALLACE n City Attorney By 6& �4 -�§� (Attach Notary Acknowledgment) Deputy ' CLERK' S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) r On this JFf� d y of in the year /9 9L, before me 4) 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 LR: jjw:LAND164/+2685/GL L27 Deputy STATE OF CALIFORNIA COUNTY OF FRESNO , ss. On this q4Cday of . in the year 1991 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared FARI D ASSEMI personally known to me(or proved to me on the basis of satisfactory evidence) to be the �. ., t OFFIGIAL-NOTARYSEAL President,and WANDA D.POTTS G GLFr'- i Notary Public—California s personally known to me (or proved to me on the basis of satisfactory `.=' FRESNO COUNTY sevidence) to be may Comm Expires �y�5 tg .: Secretary of the corporation that executed the within Instrument,and si tnowledged to me that such corporation executed the within instru- ment pursuant to its by-liws or a resolution of its board of directors. o 2 � Si{nature ulaa(42 � fi r' WANDA D. POTTS j Name (Typed or Printed) Notary Public in and for said County and State F.2487 R.11 i82 (This area for official notarial seal) �t wr. 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 : LOTS 598, 599, 640, AND 641 OF BULLARD LANDS IRRIGATED SUBDIVISION NO. 6, AS PER MAP RECORDED IN VOLUME 8 PAGES 25 AND 26 OF PLATS, FRESNO COUNTY RECORDS. TOGETHER WITH: OUTLOT "B" OF TRACT NO. 2664 PER MAP RECORDED ON VOLUME 30 OF PLATS AT PAGE 23 , FRESNO COUNTY RECORDS. TOGETHER WITH: THAT PORTION OF WEST SIERRA AVENUE VACATED BY COUNCIL RESOLUTION NO. 90-462 : RECORDED DECEMBER 14 , 1991, AS INSTRUMENT NO. 90152879 O.R.F.C. , WHICH WOULD PASS BY OPERATION OF LAW. TOGETHER WITH: THAT PORTION OF LOTS 672 , 673 AND 674 OF BULLARD LANDS IRRIGATED SUBDIVISION NO. 6, ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 8 OF PLATS AT PAGE 25, FRESNO COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE PROLONGATION OF THE WEST LINE OF LOT 673 AND THE CENTERLINE OF WEST SIERRA AVENUE; THENCE SOUTH 890 56 ' 07" WEST, ALONG THE CENTERLINE OF WEST SIERRA AVENUE A DISTANCE OF 498 . 86 FEET TO A POINT OF INTERSECTION ON THE CENTERLINE OF NORTH FIGARDEN DRIVE, SAID CENTERLINE ALSO BEING A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1250 . 00 FEET; THE RADIAL TO SAID POINT BEARS NORTH 000 03 ' 52" WEST; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE AND CURVE THROUGH AN INTERIOR ANGLE OF 340 56 ' 12" AN ARC LENGTH OF 762 .20 FEET TO THE INTERSECTION POINT OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 900.00 FEET, SAID CURVE ALSO BEING THE CENTERLINE OF WEST SIERRA AVENUE, THE RADIAL TO SAID POINT BEARS NORTH 410 30 ' 01" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH AN INTERIOR ANGLE OF 290 59 ' 25" AN ARC DISTANCE OF 471. 09 FEET TO THE INTERSECTION OF THE PROLONGATION OF THE EAST LINE OF SAID LOT 672 AND THE CENTERLINE OF WEST SIERRA AVENUE, THE RADIAL TO SAID POINT BEARS NORTH 11° 30 ' 36" WEST; THENCE NORTH 000 20 ' 36" EAST ALONG THE PROLONGATION OF THE EAST LINE OF SAID LOT 672 , A DISTANCE OF 17 . 90 FEET TO THE INTERSECTION POINT OF THE CENTERLINE OF WEST SIERRA AVENUE; THENCE SOUTH 890 56 ' 07" WEST ALONG THE CENTERLINE OF SAID WEST SIERRA AVENUE, A DISTANCE OF 634 . 12 FEET TO THE TRUE POINT OF BEGINNING. LR:star LAND164/+2705 UGM FIRE STATION & PARK FEES AND CREATION OF LIEN Tract No. 4255 P.W. File No. 9164 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on December 14, , 1990 in the office of the Fresno County Recorder in Book - - - , Page - - - Document No. 90152889 of which the Deed of Trust in by and between Assemi Development, Inc. , a California Corporation as Trustor, California Valley Securities Corporation , as Trustee, and California Valley Bank , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for UGM Fire Station, and Park Fees and Creation of Lien for Tract No . 4255, Crown Sierra Estates, Phase I of Tentative Tract No. 4255 . DATED: August 15, , 19 91 California Valley Bank, a state banking association r BY: Y�� " R. E. Crowley, ssistant Vice President + (Attach Notary Acknowledgement) LR: jjw LAND164/+2685/GL R . �+....�J,y. _ - �-. .. .,. •:mow ALL-PURPOSE ACKNOWILEDGE!1E ;d No M t I State of California ' CAPACITY CLAIMED BY SIGNER i bounty of Fresno - � e+omauuAS[JNG►oROK3E,j,ilEk;E�YEi p,Y On Aug. 15, 1991 before me, Mary L. Andersen (name,title of officer), COMMYE Asst. V. P. personally appeared *R. E. Crowley* , OFFICER(SI TITLE(:) Upersonally known to me—OR-0 proved to me on the basis of satisfactory evidence to California Valley Bank, 'be the person(s) whose name(s) is/are subscribed to the within instrument and acknowi- a state banWffg assoc. edged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and I 0 FAATIXWSI „wTKR" that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of 0 ATTORNEY- which the person(s) acted, executed the I Z4-FACT VRWJFAL(S) instrument. TRUSTEEISI TRUST WITNESS my hand and official seal. P'FICIAL SEAL O OVER 'TEE(S) MARY LOUISE ANDERSEN nUM FRESNO COLIPM Mp Cmn.Otoes Aprl 9.1993 ENTITY(IES)REPRESENTED f ENTITY(ESIMMSENTED Signature.