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Home My WebLink AboutT-4300 - Agreement/Covenant - 7/5/2006 r�WrWW rr��w�•r. e • ATO9 316 9 210 CEN T KC TITLE COMPANY CITY OF FRESNO VEVHAPMMT DUARrMOT ,,X"Fns 9tred M FRESNO CA!3721-7604 OCT 2 9 1993 MWJWD COMTY,QMJF0WMA WLUAM C.ORfflDWM C.CWft PLEASE CONFORM -------------------ABOVE SPACE FOR ---------- P.W. File No . 9207 Developmen Dep rtment UGM No. 484 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION, AND PARK FEES AND CREATION OF LIEN (Phase I of Tentative Tract No. 4300) RECITALS WHEREAS, REGENCY-WILSON III, 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 . 4300, consisting of Sixty Two (62) 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 and Resolution No . 83-40 in the estimated amount of r•twr�cn rt sc.w WCT K Statement of Covenants T-4300 Page 2 Thirty Sia Thousand Fifty One and 36/100 Dollars ($36, 051.36) for the following : UGM Fire Station Fee Service Area No. 14 Zone District : R-1/UGM 16 . 08 Gross Ac @ $547. 00/Ac $8,795.76 UGM Neighborhood Park Fee Service Area No. 5 Zone District : R-1/UGM 16 . 08 Gross Ac @ $1, 695 . 00/Ac - $27, 255 . 60 Total Estimated Amount $36 . 051 . 36; 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 T-4300 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 T-4300 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: 9, /9 9 3 CITY OF FRESNO, COVENANTOR a Municipal Corp ration REGENCY-WILSON III , a By California Partnership Alvin P. Solis, Director Development Department By: Leo Wilson Co. , Inc. , a California Corporation, as General Partner APPROVED AS TO FORM: JAMES P. LOUGH By: City At orn ,y // Leo . Wilson B Pre ident yf, o (,/ Dle'puti (Attach Notary Acknowledgment) Statement of Covenants T-4300 Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On 9 1993 before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons( whose name(, is/ate subscribed to the within instrument and acknowledged to me that he/she'bhey. executed the same in his/UerAthei-rauthorized capacity(ia,&) , and that by his/h + 'Hie - signature(X) on the instrument(X) the person(,) , or the entity upon behalf of the CITY OF FRESNO of which the person(,) acted, executed the instrument. WITNESS my hand and official seal . JACQUELINE L. RYLE, CMC CITY CLERK By �d:� galm EPUTY dlk LAND356/+5574 EXHIBIT "A" That portion of the Northwest quarter of Section 34, Township 12 South, Range 19 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, described as follows : BEGINNING at the West quarter corner of said Section 34; thence South 89' 26 ' 26" East, along the South line of the Northwest quarter of said Section 34, a distance of 1020.24 feet to the TRUE POINT OF BEGINNING: Thence North 01' 01' 49" East, a distance of 1164 . 11 feet to the beginning of a 1100.00 foot non-Tangent curve, concave to the North, a radial to said beginning bears South 050 16' 14" West; thence Easterly, along said curve, through a central angle of 210 14 ' 37" an arc distance of 407. 85 feet; thence tangent to said curve, North 74' 01 ' 38" East, a distance of 193 .46 feet; thence South 01' 01' 49" West, a distance of 1260. 92 feet to a point on the South line of the Northwest quarter of said Section 34 ; thence North 89' 26 ' 26" West along the South line of the Northwest quarter of said Section 34 , a distance of 588 .02 feet to the TRUE POINT OF BEGINNING. BW:cac LAND403/+5574 Tract No. 4300 P.W. File No. 9207 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on March 13 1990 in the office of the Fresno County Recorder in Book Page Document No. 90028380 of which the Deed of Trust in, by and between Regency Wilson III, a California T•imi ted Partner- sh. as Trustor, Union Bank, a California corporation as Trustee, and Union Bank, a California corporation 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. 4300/UGM 484, Phase I of Tentative Tract No. 4300. DATED: September 14 19 93 UNION BANK, aW C oration Wald M. sident Chuck Guinn, Vice President BW:cac LAND352/+5574 GL2 L27