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Home My WebLink AboutT-4323 - Agreement/Covenant - 7/5/2006 (2) p RECORULt.rt$ n��,.wI ut ET RURN OF FRESNO 92108610 7 2 ( O o 6 I O CENTRAL f✓ DEVELADM Nf DEPARTMENT 26M Frcmo Strat AT MIN. PAST_�C/M FRESNO CA 93721-3604 AUG 0 4 1992 FRESNO COUNTt,V..:.;ORNIA WILLIAM C.GREENWOOD.County Recorder 4&04_W-0_� F PLEASE CONFORM BY DEPUTY REOORDE S -------------------ABOVE SPACE FOR RECORDER'S USE----- -------- P.W. File No . 9245 Development Department UGM No . 409 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN Tract ,;fo. 4323 Phase II'` ot Tent6tive Tract No. 4255 RECITALS WHEREAS, ASSEMI DEVELOPMENT, INC. , 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 . 4323 , consisting of Thirty-Five (35) lots and two (2) outlots; 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 Seventeen Thousand Sixty-One and 00/100 Dollars ($17, 061 . 00) for the following : Statement of Covenants , UGM Fees Deferral Tract No . 4323/UGM Phase II of Tentative Tract No . 4255 Page 2 UGM Fire Station Fee Service Area No . 2 Zone District : R-1/UGM 12 . 10 Gross Ac @ $278 . 00/Ac = $3 , 363 . 80 UGM Neighborhood Park Fee Service Area No . 6 Zone District : R-1/UGM 12 . 10 Gross Ac @ $1, 132 . 00/Ac - $13 , 697 .20 Total Estimated Amount $17, 061 . 00 ; 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 and 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 . 4323/UGM Phase II of Tentative Tract No . 4255 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 unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any one provisions hereof . CORPORATE ACKNOWLEDGMENT State of CALIFORNIA On this the PF day of J11UlF 19_9.2,before me, County of FRESNO SS. WANDA D- PUTS the undersigned Notary Public,personally appeared FARID ASSEMI personally known to me C] proved to me on the basis of satisfactory evidence OFFICIAL NOTARY SEAL to be the person(s)who executed the within instrument as WANDA 0.POTTS or on behalf of the corporation therein Notary Public—California FRESNO COUNTY named,and acknowledged to me that the corporation executed it. Mf►Ceram.Exl*u NOV 23,1994 WFrNE my hand and official seal. • � l i i Notary's Signature ATTENTION NOTAY:AB v o ft ilfaenab. requested below is OPTIONAL,8 card prevent,frauduWd atWhnern of dw cenrkate bo anodes doarllent ' THSRTITE Title or Type of Document STATEMENT OF COVENANTS. UGM FEES DEFERRAL MUST BE ATTACHED Number of Pages 4 Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above 0 NATIONAL NOTARY ASSMATIONe•8718 PAm a Ave•P.O.Box 7184•Canoga Park CA 91304.7184 Statement of Covenants , UGM Fees Deferral Tract No . 4323/UGM Phase II of Tentative Tract No . 4255 Page 4 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: /f Z CITY OF FRESNO, COVENANTOR a Municipal Corporation A SEMI D LOP NT, INC. , r is o p ation By A vin P. Solis , irector Development De rtment By Far d ssem , resident APPROVED AS TO FORM: HARVEY WALLACE City Attorney i / (Attach Notary Acknowledgment) By Deputy CLERK' S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On this d y of in the year % 992 before me ern , personally appeared personally known to me (or proved to me on the b is of satifactory 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 :dlk:LAND193/+3166 CORPORATE ACKNOM/LEDOMENT ,,Q2M California 26th June 92 ' State of On this the day of 19_,before me. a l County of Fresno SS. *Mary Louise Andersen' the undersigned Notary Pubic,personab appeared ti N *R. E. Crowley, Vice President* Y 13 personally known to me MCUL ❑ proved to me on tte basis of satisfactory evidence AUTIMMOM to be the person(s)who executed the wdhin instrument as NOT� G�N Vice President or on tiff of the corporation therein ly Om m EWs Awl!.M named,and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. ` 11 Notary's Souffire ATmurm VOTARY:AMwugh nw rdarrlmtb requested Wow is GPTKMUA R COW prawt rraudVwd aRachmw t or n,:csrmica*10 soda docwMIL TrdeorTypeofDocurnent Statement of Covenants for UGM Fire Station THISCERTIFICTE �6#an ParkFees an Creation o Lien L MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT $ DESCRIBED AT RIGHT: Signers)Other Than Named Above none 1 O NAn0NAL NOLARY ASS0Q0Q10N•a=ft W1 M.•P.O.Boc 71st.C?KqB PWK G 913D6-7184 Tract No . 4323/UGM 409 P .W. File No . 9245 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on AUGUST 30 lg 91 in the office of the Fresno County Recorder in Book , Page Document No . 91107686 of which the Deed of Trust in, by and between ASSEMI DEVELOPMENT, INC , as Trustor, CALIFORNIA VALLEY SECURITIES CORPORATION , as Trustee, and CALIFORNIA VALLEY BANK , 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 . 4323/UGM 409 , Phase II of Tentative Tract No . 4255 . .<';Aft DATED: JUNE 26 lg 92 California Valley Bank, R. E. Crowley,-XC e 'P.resident (Attach Notary Acknowledgement) LR:dlk LAND193/+3166 GL2 L99a-b 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 : THAT PORTION OF LOTS 671, 672 , 673 , 716 AND 717 OF BULLARD LANDS IRRIGATED SUBDIVISION NO. 6 AS PER MAP RECORDED IN VOLUME 8 , PAGES 25 AND 26 OF PLATS, FRESNO COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SECTION 1, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN; THENCE SOUTH 000 16 ' 21" WEST, ALONG THE CENTERLINE OF NORTH VALENTINE AVENUE, A DISTANCE OF 1319 . 20 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 1; THENCE SOUTH 89' 58 ' 51" WEST, ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTH HALF OF SOUTHWEST QUARTER OF SECTION 1, A DISTANCE OF 120 . 20 FEET TO A POINT ON THE CENTERLINE OF NORTH FIGARDEN DRIVE; THENCE NORTH 21' 59 ' 38" WEST, ALONG SAID CENTERLINE, A DISTANCE OF 577 . 70 FEET THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 1250 . 00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH AN INTERIOR ANGLE OF 33' 08 ' 02" , AN ARC DISTANCE OF 722 . 87 FEET TO THE INTERSECTION POINT OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 900 . 00 FEET; THE RADIAL TO SAID POINT BEARS NORTH 41' 30 ' 02" WEST; SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF WEST SIERRA AVENUE; THENCE NORTHEASTERLY ALONG SAID CENTERLINE OF WEST SIERRA AVENUE THROUGH AN INTERIOR ANGLE OF 41' 26 ' 09" AN ARC DISTANCE OF 650 . 87 FEET TO THE POINT OF TANGENCY; THENCE NORTH 89' 56 ' 07" EAST, A DISTANCE OF 191 . 83 FEET TO THE TRUE POINT OF BEGINNING . EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 717; THENCE NORTH 00' 16 ' 21" EAST, ALONG THE EAST LINE OF SAID LOT 717 , A DISTANCE OF 60 . 47 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00' 16 ' 21" EAST, ALONG SAID EAST LINE, A DISTANCE OF 192 . 86 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 280 . 00 FEET; THE RADIAL TO SAID POINT BEARS SOUTH 51' 30 ' 51" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE, ALSO BEING ALONG THE SOUTHERLY RIGHT-OF-WAY OF NORTH VALENTINE AVENUE THROUGH AN INTERIOR ANGLE OF 260 43 ' 02" , AN ARC DISTANCE OF 130 . 57 FEET; THENCE SOUTH 21' 07 ' 05" WEST, A DISTANCE OF 20 . 08 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF NORTH FIGARDEN DRIVE; THENCE SOUTH 21' 59 ' 38" EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 101 . 21 FEET; THENCE SOUTH 89' 43 ' 52" EAST, A DISTANCE OF 70 . 15 FEET TO THE TRUE POINT OF BEGINNING . LR:dlk:crm LAND193/+3169