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Home My WebLink AboutT-4295 - Agreement/Covenant - 7/6/2006 (2) i nc%unuty n i r%%t%xa i ur MMM.vro: 93164269 CENTRAL COMPAM CITY OF FRESNO DEVELOPMENT DEPARMENT 2600 Fnmu Street AMN. PAST M FRMO CA 73nl-76" OCT 2 2 1993 PPAM COON r.CAUVOMM PLEASE CONFORM -00S -------------------ABOVE SPACE FORUE --- -- ----------- P.W. File No. 9179 Development Department UGM No. 452 City of Fresno STATEMENT OF COVENANTS FOR UGM PARR FEES AND CREATION OF LIEN RECITALS WHEREAS, GEORGE MARK WELLS and MARION RAY WELLS, Husband and Wife, as Community Property, and JOSEPH L. RICHEY and SHARON M. RICHEY, Husband and Wife, as Joint Tenants, 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. 4295, consisting of Twelve (12) 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 Section 12-4 . 509 of the Fresno Municipal Code in the estimated amount of Three Thousand Seven Hundred Thirty-Five and 78/100 Dollars ($3, 735 . 78) for the following : Statement of Covenants UGM Park Fees Tract No . 4295/UGM 462 Page 2 UGM Neiahborhood Park Fee Service Area No. 1 Zone District: R-1/UGM 3 .39 Gross Ac @ $1, 102 . 00/Ac - $3 , 735 . 78 Total Estimated Amount $3 ,735 .78; 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 . 3 . Covenantor hereby waives any and all rights he may have pursuant to Government Code Section 65961 . 3 , Statement of Covenants UGM Park Fees Tract No . 4295/UGM 462 Page 3 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 affect the validity or enforceability of any one provisions hereof . Whenever the context of the Statement so requires , in interpreting Statement of Covenants UGM Park Fees Tract No. 4295/UGM 462 Page 4 this Statement, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. DATED: 4V� der l2 /9" CITY OF FRESNO, COVENANTOR a Municipal Corporation GEORMG and MARION RAY d and Wife as Prop t By Alvin olis, Director Development Department k Wells APPROVED-AS TO FORM: By - � Marion Ray W&Ils JAMES P. LOUGH City ttoey \� JOSEPH L. RICHEY and SHARON M. RICHEY, Husband and Wife, as By It ()crtt'l"� Joint Tenants 1� Deputy By 1 oseph L. Richey 67 By ZILA ,'e�A, LAC:::rzz Sharon M. Richey (Attach Notary Acknowledgment) LR:et LAND362/+5689 GL2 L99a-b CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Nu State of ��OPTIONAL SECTION�■� CAPACITY CLAIMED BY SIGNER County of _ �n-c� Though�n,ce does not le�:e e»Nome a fill in the data below,doing so may prove r� invaluable to persons relying on the doaurlerR On _ G before me, C /5 /N Com-7-4,1) , INDIVIDUAL DATE NAME,TITLE OF OFFICER-E-G.,*JANE DOE.NOTARY PUBLIC' CORPORATE OFFICER(S) personally appeared q5 �(2 6-:E! 'Y' A K K W £ t L S A&P P '�i�ti RA Y iU L�L. ' NAMES)OF SIGNER(S) TM.E(S) ❑personally known to me-OR-'�(proved to me on the basis of satisfactory evidence ❑PARTNER(S) LIMITED to be the person(s) whose name(s) is/are GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/she/they executed TRUSTEE(S) LINDA M. MOISINGTON the same in his/her/their authorized GUARDIANICONSERVATOR comm.1971571 capacity(ies), and that by his/her/their U)aw NOTARY pUliftI:—CALIMANUINp��OCO"�`Tv signatures) on the instrument the person :(s), OTHER:ycomm.EnpWmAugaetM.lA9t) or the entity upon behalf of which the person(s)acted, executed the instrument. SIGNER IS REPRESENTING: W ITNE my hand and o ial seal. NAME OF PERSON(s)OR MM"/ SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT _5 I_ti-a a,S A', o JJ" THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES � DATE OF DOCUMENT Though the data requested here is not required by law, p p it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE JOSVY L 21992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-71 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of OPTIONAL SECTION — /` � � - ' CAPACITY CLAIMED BY SIGNER County Of _ _ Though statute does not require the Notary to fill in the data below,doing so may prove _ _r. - Invaluable to persons relying on the document. On-' - - before me, I/' — - _. _'• % - '' f" /-- DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE NOTARY PUBLIC- [30401VIDUAL � personally appeared %) ❑CORPORATE OFFICER(S) AME(S)OF SIGNER(S) TITLE(S) ❑personally known to me-OR-�proved to me on the basis of satisfactory evidenW PARTNER(S) LIMITED❑ to be the persorq3 whose nam(& is1 r,. ❑ GENERAL t subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT f knowledged to me that he/she&W executed ❑TnUSTEE(S) the same in his/her4Me.r authorizgd ❑GUARDIANICONSERVATOR capacityCes), and that-by his/her/ ieu signature•( on the instrument the persor(g, ❑ OTHER: or the entity upon behalf of which the SE 4 L person(s) acted, executed the instrument. + _l� I SIGNER IS REPRESENTING: ► - - '•' o WITNESS my hand and official seal. NAME OF 0ERSON(S)OR EN1TTY(1ES) SIGNATURE Of VOTARY OPTIONAL SECTION _ THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by aw. , rt could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE co '' •__" �' = '"r - '' ��'' 'J•' E - — °!oo��ATinNAI u(`TARY ASS(3C.IATIC]N•B?46 Remm t.4v '�` Rox-' a•�anoaa Pane.CA 9309-''- Statement of Covenants UGM Park Fees Tract No. 4295/UGM 462 Page 5 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On m / 1993 b fore me, personally appeared �y �LLJ"tj personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(,!) whose name(,g) is/a*e subscribed to the within instrument and acknowledged to me that he/s-he� executed the same in his/beF "`e - authorized capacity(ies) , and that by his/ a- zthei signature( on the instrument(p) the person(jl) , or the entity upon behalf of the CITY OF FRESNO of which the person(je) acted, executed the instrument. WITNESS my hand and official seal . JACQUELINE L. RYLE, CMC CITY CLERK By �, ��''� -� DEPUTY Lj LR:et LAND362/+5689 GL2 L25 or L27 and L29 Statement of Covenants UGM Park Fees Tract No . 4295/UGM 462 Page 2 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: Those portions of Parcel "A" and "B" of Parcel Map No. 1857, according to the map thereof recorded in Book 11 of Parcel Maps, page 47, Fresno County Records, and more particularly described as follows; BEGINNING at the Southwest corner of said Parcel "A" , thence North 0021 ' 15" West, along the West line of said parcel "A" , a distance of 448 . 00 feet; thence North 89016 ' 17" East, a distance of 330 . 00 feet to a point on the East line of said Parcel "B" ; thence South 0021' 16" East, along the East line of said Parcel "B" , a distance of 448. 00 feet to the Southeast corner of said Parcel "B" ; thence South 89016 ' 17" West, along the South line of said Parcel "B" and "A" , a distance of 330 . 00 feet to the POINT OF BEGINNING. LR:et LAND362/+5689 Tract No. 495 P.W. File Nd. 9179 ' Loan No. 773227 1 SUBORDINATION I The unddrsigned as holder of the beneficial interest in and under i that certain) Deed of Trust recorded on —JANnu:x 23 1992 in the office of the Fresno County Recorder in Book ----- , Page _ -------- _ Document No . 9�00822B of which the Deed of Trust in, by and between GEORGE MARK WELLS AND MARIAN RAY WELLS 1 as Trustor, II SONOMA CONVEYANCING CORPORATION , as: Trustee, NORTH AMERICAN MORT6ACE COMPANY, roTZMF.RLY KNOWN AS and IMCO REALTY SERVICES, INC. , A DE.LAWARI* CORP. , as Beneficiary, hereby I expressly sJbordinates said Deed of Trust and its beneficial interest I thereto to the foregoing Statement of Covenants for UGM Park Fees and Creation oflLien for Tract No . 4295/UGM 462 . i DATED: I SEPTEMBER 14 _ 19 93 NORTH AMERTCAN MORTGAGE. COMPANY, FORMERLY XNOWN AS IMCO REALTY SERVICES, 114C. , A DF.i.AWARF. CORPORATION BY _ _ __ \� LILY AK I OFF, VICE PRES7, NT �, (Attach Notary Acknowledgement) LR : et j LAND362/+5699 GL2 L99a-b j I i