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HomeMy WebLinkAboutT-4281 - Agreement/Covenant - 7/6/2006 (2) f , *" r 010'76881 R ITE COMPANY A MIN. PAST M JUN 2 7 1991 FAtsiv:,COUNTY,CALIFORNIA WILLIAM C.GREENWOOD,County Recorder • � PLEASE CONFC)RM IFEE+ BY DEPUTY RECORDER $ i I -------------------ABOVE SPACE FOR RECORDER' S USE---- -------------- P.W. File No. 9147 Development Department UGM No. 416 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN Tract No . 4281 Lake Van Ness A Planned Development RECITALS WHEREAS, LAKE VAN NESS, a General 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 . 4281, consisting of One Hundred Forty (140) lots and one (1) outlot; 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 Sixty-Three Thousand Four Hundred Eighty-One and 24/100 Dollars ($63 ,481 . 24) for the following : ti Statement of Covenants Fire Station and Park Tract No. 4281 Page 2 UGM Fire Station Fee Service Area No . 2 Zone District : R-1-EH/UGM 10 . 09 Gross Ac @ $74 . 00/Ac = $746 . 66 Service Area No . 2 Zone District : R-1-C/UGM 96 .27 Ac @ $122 . 00/Ac = $11, 744 . 94 UGM Neighborhood Park Fee Service Area No. 6 Zone District : R-1-EH/UGM 10 . 09 Gross Ac @ $302 . 00/Ac = $3, 047 . 18 Service Area: 6 Zone District: R-1-C/UGM 96 . 27 Gross Ac @ $498 . 00/Ac = $47, 942 . 46 Total Estimated Amount $63, 481. 24 ; 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. Statement of Covenants Fire Station and Park Tract No. 4281 Page 3 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 . 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 Fire Station and Park Tract No. 4281 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: CITY OF FRESNO, COVENANTOR a Municipal rporation LAKE VAN NESS, a General By 0Partnership Alv . Solis, Director Development Department By: Leo Wilson Co. , Inc . , a California Corporation, General Partner APPROVED AS TO FORM: HARVEY WALLACE By: City Attorney L o Wilson, President By --��-,,.. By: Peachwood Park, a California r Deputy Limited Partnership, General Partner • By: Gary L. McDonald Construction Co. , a CaF rporation, Geer By cD nald(Attach Noledgment) r State of California ) - County of Fresno ) On May 8, 1991 before me, Dorothy L. Murphy, a Notary Public in and for said State, personally appeared Ronald M. Dunn + r Vi rP PrPci dPnt , and Chuck Qji nn + + Vice President , respectively, of UNION BANK, personally known to ne (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 en ' the instrument the person(s), or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my d and officia s al. FqQV DcRurw L MURPHYNOTARY NU3LIC-CALIFORNIANOTARY BOND FILED INSignatureI FRESNO COUNTYDorothy r by Ca1TWft9lon Exnlnw�1,1W 1 State of California) County of Fresno ) ss _. On this ��k' day ofy 19gl , before me, the undersigned, a Notary Public in and for said County, personally appeared Gary L. McDonald, personally know to me to be the President of Gary L. McDonald Construction Co., Inc., the corporation that executed the within instrument and personally know to me to be the person who executed the within instrument on behalf of said corporation, said corporation being personally known to be to be one of the partners of Peachwood Park the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner, said partnership being personally know to me to be one of the partners of Lake Van Ness, the partnership that executed the within instrument, and acknowledged to me that said first named partnership executed the same as such partner, and that said last named partnership executed the same. WITNESS MY HAND AND OFFICIAL SEAL OrrICIAL slAL ; JOAN CYCON ' AAV PU§M.CALFOW" Mr crvw atom w.is.i Signature: County of Fresno Name My commission expires 3/15/95 t Statement of Covenants Fire Station and Park Tract No. 4281 Page 5 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On this /3 b day of -rtiC- 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 City Clerk Bym Deputy RL: jld LAND124/+1927 Statement of Covenants Fire Station and Park Tract No. 4281/UGM 416 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 1220 THROUGH 1237 INCLUSIVE OF BULLARD LANDS IRRIGATED SUBDIVISION NO. 8, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 8 PAGE 46 OF PLATS, FRESNO COUNTY RECORDS. LR:j ld LAND120/+1927 r Tract No. 4281/UGM 416 P.W. File No. 9147 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on January 22, 19 91 , in the office of the Fresno County Recorder in Book , Page Document No. 91008415 of which the Deed of Trust in by and between LAKE VAN NESS, a California General Partnership as Trustor, UNION BANK, a California Corporation , as Trustee, and UNION BANK, a California Corporateoras Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for UGM Fire Station, Park and Trunk Sewer Fees and Creation of Lien for Tract No. 4281/UGM 416, Lake Van Ness, A Planned Development. DATED: May 8. 19 91 UNION BANK, a California Corporation, as,,Tru teed Beneficiary By. Rona i President By: ChTc—k Guinn, Vice President (Attach Notary Acknowledgement) LR:jld LAND124/+1927 STATE OF CALIFORNIA l COUNTY OF Fresno ? SS. On this 8tt7day of May ))),in the year of 1991 , before me, the undersigned,a Notary Public in and for said County,and State,personally appeared LEO A. Wilson personally known to me(or proved to me on the basis of satisfactory evidence) to be the President,and penewl1y•kwoww+wie4er•4rered 4o-m-on 4he ba s-af-mmsfaetory DF —""-- evidettee+tvbethe---_-- © '`} NOT��.RYPi;ELICChougs of Leo Wilson Co. , ZnC. ay • LIrO;t,ya�, the coorppooration that executed the within instrument and known to me "' a �R'rL nr"F!C� n CC:'iJTI' to be the persons who executed the within instrument on behalf of said corporation, sr�ds��po i9 n b 1kc own to me to be one of the �`` «. 9"'6 ` partners of 1.3KC �cLCI5� ,the partnership that executed the within instrument,and acknowledged to me that such corporation executed the same as such partner and that s Wrl rtnership executed the same .- .r Q m f Name (Typed or Printed) N Notary Public in and for said County and State FOR NOTARY SEAL OR STAMP