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Home My WebLink AboutT-4269 - Agreement/Covenant - 7/7/2006 (2) a ntGURU"ti, ,...t......� vi STF1�rTITI F rn 92018961 AT �MK1 PAST M FEB 18 1992 WILLIAM v.GREENWOOD,County Recorder Fs 061-6' -------------------ABOVE SPACES I ' U@B S -_--------------- P.W. File No. 9205 Develop ent Department UGM No. 417 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN +rs s `Palmas A Planned Development RECITALS WHEREAS, LAS PALMAS OF FRESNO, 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 . 4269 , consisting of forty (40) 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 Fifteen Thousand One Hundred Thirty-Three and 50/100 Dollars ($15, 133 . 50) for the following : Statement of Covenants UGM Fees Deferral Tract No. 4269/UGM 417 Page 2 UGM Fire Station Fee Service Area No . 14 Zone District: R-1/UGM 6 .75 Gross Ac @ $547. 00/Ac = $3 , 692 . 25 UGM Neighborhood Park Fee Service Area No . 5 Zone District : R-1/UGM 6 .75 Gross Ac @ $1, 695 . 00/Ac = $11, 441 . 25 Total Estimated Amount $15, 133 . 50 ; 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 . Statement of Covenants UGM Fees Deferral Tract No . 4269/UGM 417 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 $IAIE Of CALNUMN1A couNTY SANTA CRUZ �• of - . 3rd day of January. , 1092. before fns Lourdes Macal al ad Lota i Edward E. Kaitz a Notary Public In and for said State personally appeared known to the to be the President.Y&X X X X X X X X X X X X X X X X X X Y Y Y VYYVYYY karae!xtK . . .....s xXy of Kaitzco. Inc. the•corporation that executed the within instrurnent and known to me to be the persons who•:ecuted the within or Instrwnent on behalf of said corporation. said corporation being q known to we to be one of the partners of Las Palmas of Fresno ' the partmssbip that executed the within k+strurnent, and ackno" edged to we that such corporation exetarted the same as such partner and that such partnership executed the urns. OFFICIAL SMAL WITNESS my hand and Ifhid sed. Lourde^ Aacalalaz Lota NOTARYPU 3!'C-CALIFORNIA !� Signature SAdTr�l.'!Z Co:;NTY g My Comm t;wos!ur-929.1995 Name(Typed or Printed) (This was for official notarial awl) Statement of Covenants UGM Fees Deferral Tract No . 4269/UGM 417 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: CITY OF FRESNO, COVENANTOR a Municipal Corp ration By 14(Z-7 LAS PALMAS OF FRESNO, a Al . Solis, Director California Limited Partnership Development Department By: Kaitzco, Inc. , a California APPROVED AS TO FORM: Corporation, as General Partner HARVEY WALLACE r City Attorney By. By (-�l� Edward E. Kaitz, Deputy President (Attach Notary Acknowledgment) Statement of Covenants UGM Fees Deferral Tract No . 4269/UGM 417 Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On this /0 A'h day of in the year before med-" h4m . N , 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 ci,44 c E Deputy LR: jld LAND176/+2766 GL2 L25 or L27 and L29 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: THE SOUTH HALF OF THE NORTH HALF OF LOT 112 OF THE J.C. FORKNER FIG GARDENS SUBDIVISION NO. 2, ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 8 PAGE 66 OF PLATS, RECORDS OF SAID COUNTY. LR:klp LAND170/+2790 STATE OF CALIFORNIA ) (Acknowledgement) ♦^�,, County of SANTA CRUZ j s> On this THIRD day of JANUARY ,in the year t9 92 ,before me.SUZANNE M. CARVAL,FA I �—+ a Notary Public in and for the said County and State,residing therein,duly commissioned and sworn,personally appeared CHARLES F. STAHL — PRESIDENT s C DEBBIE NEIL — VICE PRESIDENT Rpersonally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s): Z (0 INDIVIDUAL) Whose name is subscribed to this instrument, and acknowledged ythaat he(she or they) executed it. (® CORPORATION) VICE PRESiD�iy'lCcuted the within instrument as president and •�• l(r7(kYrj[on behalf of the corporation therein named,and acknowledged to me that such corporation executed the within instrument pursuant to its articles and by-laws and a resolution of �jy (❑ PARTNERSHIP) its Board of Oirectors. That THEY executed the within instrument on behalf of the part- nership•and acknowledged to me that the partnership executed it. INWI NESS WHEREOF,1 have hereunto set my hand and affixed my official seal,in and for said County and State, „M the d and year first above written. otary tyc in and or said County an ate of California p"WiKaft My commission expires: SOMEILCJIRV" • �OMrlI�X-W/�11 FD-1 B SANURMCOUNfy Mr Camra.BON Orl4 togs Tract No . 4269/UGM 417 P.W. File No . 9205 SUBORDINATION /TRUSTEE The undersigned as in and under that certain Deed of Trust recorded on January 2 , 1992 in the office of the Fresno County Recorder in Book XXXXXXXXXXXXXXXXX , Page XXXXXXXXXXXXXXXX Document No. 92000219 of which the Deed of Trust in by and between LAS PALMAS OF FRESNO, A CALIFORNIA LIMITED PARTNERSF a s T r u s t o r, GUARANUE B31ZIlNG MANY, A CA MMffA CORPORATION , as Trustee, and SEE ATWEED EIMIT "A" 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 . 4269 . DATED: 19 1rL_ i (Attach Notary Acknowledgement) LR:jld LAND176/+2766 GL2 L99a-b EXHIBIT "A" Albert R. Schafer and Hildegard C. Schafer, CO—TTEE's of the Albert R. Schafer and Hildegard C. Schafer INTER— VIVOS Tout UTD 9/21/83, as to an undivided 17500/200000ths interest; Lillian P. Hawkins, as a Married Woman, as to an undivided 20000/200000ths interest; Tom Trombetta, as an Unmarried Man, as to an undivided 21000/200000ths interest; Mary K Baer as Trustee under the Mary K Baer Trust dated, December 12, 1986, as to an undivided 210000000Oths interest; Scotty D. Mitchell and Karen S. MitchdeP1, Husband and Wife as Joint Tenants, as to an undivided 25000/2OOOOOths interest; Brett E. Berkowitz, TTEE FBO Brett E. Berkowitz D.C. Inc. A Chiropractic Corp. Employee Retirement Trust, as to an undivided 41500/200000ths interest; John A. Scopaui, or Sandra J. Scopaui, TTEE'S of the Scopaui Living Trust UTD 1/15/85, as to a,t undivided 14000/200000ths interest; Ray G. Peffley, an Unmarried Man and Rita Rae Lewis, a Married Woman, as Joint Tenants, as to an undivided 175001200000ths interest; Paul P. Bock and Lynn D. Bock, 0—TTEE's of the Paul P. Bock DDS Inc, Money Purchase Pension Trust UTD 8/30/78, as to an undivided 22500/200000ths interest STATE OF CALIFO SS. CO &�2wO 'ejore me , Pers rally appeared personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s),whose name(s)is/are subscribed to the within instrument and acknowledged to me 1111111111111111II1111111111111111111111111111111111111111~ that he/she/the executed the same in his/her/their authorized — Jam' OFFICIAL SEAL _ Y TAMMY LYNN JETT capacity(ies), and that by his/her/their signature(s) on the in- :,.g• :�; NOTARY ?USLIC - CALIFORNIA strument the person(s) or the entityupon behalf of which the = ` ; :+� '�'"C'PAL OFFICE IN Pe ( Po z FRESNO COUNTY person(s) acted, executed the instrument. ZCOMM. EXP. SEPT. 5, 1992 ~111111111111111111111111111111111111111111111111111111111r WITNE my d and official seal Signatur (This area for official notarial seal) sr>r153 a:r+oi Tract No . 4269/UGM 417 P.W. File No, 9205 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on November 22 in the office of the Fresno County Recorder in Book XXXXXXXXXXXXXXX_, Page XXXXXXXXXXXXX Document No. 91144445 and 91152927 of which the Deed of Trust in by and between LAS PAWAS OF FRLS�D, A CALUUMM unT® PARTNIMS p� a s T r u s t o r, Tri OF now axwff, A CALIFORNIA CORPORATION , a s T r u s t e e, and MM ARZEE 11I11, (IF TE aMM CLAM DEIK LIVING Ms B e n e f i c i a r y, hereby 11MM) MMI W, 1990 MA expressly subordinates said Deed of Trust and its beneficial interest thereto to tOe foregoing Statement of Covenants for UGM Fire Station and Park Feeg and Creation of Lien for Tract No . 4269 . DATED: 19� (Attach Notary Acknowledgement) LR: jld LAND176/+2766 GL2 L99a-b