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Home My WebLink AboutT-4289 - Agreement/Covenant - 7/6/2006 (2) fltL J1 i 11L�.�.i I Vf ' 92035391 cmc=nno AT M!N -PAST M MAR 2 0 1992 Fnz.,......Vdo%l 1,v iiw#rORNIA WILLi GREENWOOD,County Record r PLEASE CONFOWUTY RECO-------------------ABOVE SPACE FOR RDER'S ------------ P.W. File No . 9166 Development Department UGM No. 434 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN Tract No. 4289 RECITALS WHEREAS, NEWCITY CORPORATION, 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 . 4289 , 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 Twenty-Four Thousand Eight Hundred Eighteen and 88/100 Dollars ($24, 818 . 88) for the following : Statement of Covenants UGM Fees Deferral Tract No . 4289/UGM 434 Page 2 UGM Fire Station Fee Service Area No. 16 Zone District : R-1/UGM 10 . 04 Gross Ac @ $1, 242 . 00/Ac = $12, 469 . 68 UGM Neighborhood Park Fee Service Area No. 4 Zone District : R-1/UGM 10 . 04 Gross Ac @ $1, 230. 00/Ac $12, 349 .20 Total Estimated Amount $24 , 818 . 88; 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 . 4289/UGM 434 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 Statement of Covenants UGM Fees Deferral Tract No . 4289/UGM 434 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: -�`�l �7 /99 Z CITY OF FRESNO, COVENANTOR a Municipal Corp ation By Z21 NEWCITY CORPORATION, a Alv P. Solis, Director California Corporation Development Department APPROVED AS TO FORM: By: Donald S. Pitarre, HARVEY WALLACE President City Attorney By Deputy (Attach Notary Acknowledgment) STATE OF CALIFORNIA ss. COUNTY OF FRESNO On this 31st day of January, in the year 1992, before me, Karrie L. Hirni, a Notary Public, State of California, duly licensed and sworn, personally appeared Donald S. Pitarre, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as President of NewCity Corporation or on behalf of the corporation therein named and acknowledged to me that 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 City of Fresno County of Fresno, on the date set forth above in the certificate OFFaAL NOTARY SEAL KARRIE L.HIRNI '# NoF�pESNocou8 N t ry Public, State of California COMM.EONS WAR 31,1993 My commission expires March 31, 1995 Statement of Covenants UGM Fees Deferral Tract No. 4289/UGM 434 Page 5 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On this 19# day of -1-12 = in the year 1992- 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 By Deputy LR: jld:crm LAND221/+3560 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 Northeast quarter of the Southwest quarter of the Northwest quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, Fresno County Records . LR:crm LAND221/+3560 V � STATE OF CALIFORNIA On this..3rd ,,,...day of......February ,in the year 1992 ss. ........................before me, .. ................................... COUNT ..FRESNO•••••..••...••. LisaG.Groat ,a Notary Public,State of California, ................I..... duly licensed and sworn,personally appeared..Evelyn.Holljglan,,.Vice. .........President and cy,NanK.,,Decker,,,Asst...Corp,,.$ecretary �.� OFFICIAL SE'AL { personally known to me(or proved to me on the basis of satisfactory evidence) LISA G. GPOAT f to be the person who executed the within instrument as.....see,abovee,,,,, 3. !VOTARY PLJIKIC-CALIFORNIA PRMCt?AL CrFiCF-IN or on behalf of the corporation therein named and acknowledged to me that Fr=suo C E My Commissionn Expires such corporation executed the within instrument pursuant to its by-laws or a Expires Ocicber 23, 1992 resolution of its board of directors. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the.S to e of Calif. ,,,County of.. Fresno,,,,,,,, TTss doctanani a oral a Wwai form wncn may b.pmW�f«un n sr pk ...................._.... .�., he et forth bove in this certificate. tranaacbnns and n M way acts.a is imanded to act,as a subsuwts lar trw � ad. d an abdnry.The pnrow does not masa any wartanry arinat sspross a nnpied as w ata uJ 149W.weny of any provmm at ma sunaGary o1 mesa forma o any spawn trams~ Notary Public, State of California Cowdery's Form No. 28—Acknowledgement to Notary Public— October 23, 1993 Corporation (C. C. Secs. 1190-1190.1)—(Rev. 1/83) My commission expires Tract No . 4289/UGM 434 P.W. File No . 9166 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on August 13, 192-1 , in the office of the Fresno County Recorder in Book N/A , Page N/A Document No. 91098431 of which the Deed of Trust in, by and between Newcity Corporation, A California Corp. —, 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 Statement of Covenants for UGM Fire Station and Park Fees and Creation of Lien for Tract No. 4289/UGM 343 . DATED: February 3, 19 92 of Fresno Bank of Fresno EvelyK HoHiman NArty K. De ker, Assistant Vice President Corporate ziecretary (Attach Notary Acknowledgement) LR: jld:crm LAND221/+3560 GL2 L99a-b