HomeMy WebLinkAboutT-4362 - Agreement/Covenant - 7/6/2006 A i n...,
iETURN 4
CITY OF FRESNO AT MIN. PAST M
DEVELOPMENT DEPARTMENT
2600Franu �. Z_U � O^?A R 2 4 1992
FRESNO CA 93721-3604
FRESnv t;UUNI'Y,%;A":=ORNIA
WILLIAM C.GREENWOOD.County ROCOrder
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P.W. File No . 9276 Development Depa tment
UGM No . 441 City of Fresno
STATEMENT OF COVENANTS
FOR UGM FIRE STATION AND PARK FEES
AND CREATION OF LIEN
Tract No . 4362
RECITALS
WHEREAS, Westcal , 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 . 4362 ,
consisting of Two Hundred Eight (208) 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 and Fire
Station fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the
Fresno Municipal Code in the estimated amount of One Hundred Thirty
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Covenant/Tract No . 4362
UGM Park and Fire Station Fees
Page 2
Six Thousand Eight Hundred Seventeen 10/100 Dollars ($136 , 817 . 10)
for the following :
UGM Fire Station Fee
Service Area No . 21
Zone District : R-1/UGM
44 . 45 Gross Ac @ $1, 388 . 00/AC/Ac = $61, 696 . 60
UGM Neighborhood Park Fee
Service Area No . 7
Zone District : R-1/UGM
44 . 45 Gross Ac @ $1, 690 . 00/AC/Ac = $75 , 120 . 50
Total Estimated Amount $136 , 817 . 10; 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 .
j
Covenant/Tract No . 4362
UGM Park and Fire Station Fees
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 nc
third party beneficiaries of said obligations nor shall the right of
the City of Fresno be transferable in any ,:canner to any person_ o=^er
than to a succeS,zo_ mu-ic' N-_ cCr-o-a=i:.. ....cs - -
boundaries include tae Subject Property.
The conditions and obligations of this Statement shall remain in
full force and effect unLi '_ such time as =:-:e ane
Development Department of the City of Fresno issLies a wriL_e^
release of such conditions and obligations .
y
Covenant/Tract No. 4362
UGM Park and Fire Station Fees
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 enforceabirity 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: 'tr L ZG, I 019 z
Accepted by:
COVENANTOR
CITY OF FRESNO,
a Municipal C rp at on Westcal , Inc. ,
a California Corporation
By
Al Solis , Director
Development Department By:
J ryYoun President
i
APPROVED AS TO FORM: By:
Jo A. Bonadelle
HARVEY WALLACE Vice President
City Attorney
/ By:
By ' //� r�i Dean Pryor
Deputy Chief Financial Officer
(Attach Notary Acknowledgment)
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Tract No . 4362
P.W. File No . 9276
SUBORDINATION
The undersigned as holder of the beneficial interest in and under
that certain Deed of Trust recorded on April 3 1991 ,
in the office of the Fresno County Recorder in 5Z=
Instrument
Rage 2ddM9KY1 No• _ 91038805 of which the
Deed of Trust in, by and between WESTCAL, INC. , a California corporatio_
as Trustor, EQUITABLE DEED COMPANY as Trustee,
and SECURITY PACIFIC NATIONAL 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, &
Park Fees and Creation of Lien for Tract No . 4362 .
DATED: March 5 19 92
R-ITY G V.4XT10NAi- eA"-1K
William T. Keener
Vice President
STATE OF CALIFORNIA
ss.
C UNTY OF Fresno
On March 5, 1992 before me, Yolanda Esparza
(mere insert name and cite of me omcw.
personally appeared W1 iam T. Keener
OFFICIAL SEAL
YOLANDA ESPAP2A
• Notary Public-CallforN5 ,personally known to me(or proved to me cn
e—m- FRESNO COUNTY the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to e
My Commialon Eire° within instrument and acknowledged to me that he/she/mey executed the same in his/her/their
March 20, 1995
authorized capacity(ies),and that by his/her/their signature(s)on the instrument the personisj,
or the entity upon behalf of which the person(s)acted, executed the instrument.
WITNESS my hand and official sea
(Seal)
ACKNOWLEDGMENT—A11Purpose—MAncoas form 237CA—Rev.1.91 Signature
01991 WOLCOTTS.INC. (price lass B•2)
CORPORATE ACKNOWLEDGMENT No.M2
State of rAl iforniaOn this the 5 day of March 19-2.2—,before me,
SS.
County of Fresno Anna M. Rena
the undersigned Notary Public,personally appeared
Jerry A. DeYoung, John A. BonadeUe, Dean H. Pryor
�i personally known to me i
.� OFFICULtIFAL ❑ proved to me on the basis of satisfactory evidence
MOM IL pENM
NOTMW to be the person(s)who executed the within instrument as President
araRUMMCCUM DrK V.P. & C.F.O. or on behalf of the corporation therein
�C�etoiroe84` �'Ui6 named,and acknowledged to me that the corporation executed it. X
TNESS my hand a ficial pVl.
- -_ -- - - - otary-s Signature _
l ATTENTION A NOTARY- dmuo the irrforrnadon requested below s OPTIONAL,it coWd prevent ha fluent amd"ent of this certirmte to ano t. t
"'� �r'4362
Title or Type of Document stmt of Covenants for Fire Station & -park-Fees ti
CERTF CAZE
- --MUSL-BEATMCHED----- -----
MENT 'Number-of-Pages—z-2- - - ---Date of Document --- -
TO THE DOCU
DESCRIBED AT RIGHT: a
Above
er Than Named
7120122 - NATKNAL NOVAY ASSOQAflt -=5 Rrmwthe•P.O.SM 7184•Carwga PWk CA 913D4-7 ie
Covenant/Tract No . 4362
UGM Park and Fire Station Fees
Page 5
CLERK' S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss .
CITY OF FRESNO )
On this 2074) day of in the year /992- before
me , personally appeared
v'rir� , 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
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GL2 L25 or L27 and L29
EXHIBIT "A"
That portion of the West Half of Section 24 , Township 12 South, Range
20 East, Mount Diablo Base and Meridian, according to the Official
Plat thereof, described as follows :
Beginning at the Southwest corner of said Section 24 ; thence North
along the West line of said Section 1855 . 27 Feet to a point distant
thereon 3427 . 09 Feet South from the Northwest corner of said Section
24 ; thence North 890 16 ' 20" East 1702 . 72 Feet to the West line of
the land conveyed to Earl E. Phillips, et ux, by deed dated September
11, 1942 ; thence South parallel with the North and South center line
of said Section, 1854 . 66 Feet to the South line of said Section;
thence West along said South line 1737. 26 Feet to the point of
beginning;
Excepting therefrom that portion thereof described as follows :
Beginning at the Southwest corner of said Section 24 ; thence North
along the West line of the Southwest Quarter of said Section 24 , a
distance of 628 . 50 Feet; thence North 890 16 ' 20" East , parallel with
the South line of said Southwest Quarter of Section 24 , a distance of
851. 00 Feet; thence North 000 48 ' 58" East, parallel with said West
line of the Southwest Quarter of Section 24 , a distance of 166 . 43
Feet; thence North 890 16 ' 20" East, parallel with said South line of
Southwest Quarter of Section 24 , a distance of 165 . 52 Feet; thence
North 000 48 ; 58 : East, parallel with said West line of the Southwest
Quarter of Section 24, a distance of 30 . 00 Feet; thence North 890 16 '
20" East, parallel with said South line of the Southwest Quarter of
Section 24 , a distance of 705 . 00 Feet thence South, parallel with the
East line of said Southwest Quarter of Section 24, a distance of
824 . 66 Feet to a point on said South line of Southwest Quarter of
Section thence West, along said South line of the Southwest Quarter
of Section 24 , a distance 1737 . 26 Feet to the Point of Beginning .
Also except all oil, gas and minerals now or any time hereafter
situate in and under said premises, together with all easements and
rights necessary or convenient for the production, storage, and
transportation thereof and the exploration and testing of the said
real property and also the right to drill for, produce and use water
from the said real property in connection with its drilling or mining
operations thereon.
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