Loading...
HomeMy WebLinkAboutT-4461 - Agreement/Covenant - 6/30/2006 (2) •+��rr��rrr rarf��rr w TITLE WMP • 93021413 Annr A MIN. PASTM CITY OF FRESNO F E 8 12 1993 DEVELOPMENT DEPARTMENT 2600 Fresno Street FFASW C"wl%r uAwFGMM FRESNO CA 93721-3604 YY""C.Oi SOM000.cow" P _=_ASF CC'NFOIRM -------------------ABOVE SPACE FOR RECORD�R'S US -------------- P.W. File No . 9359 Development Department UGM No . 481 City of Fresno STATEMENT OF COVENANTS FOR UGM PARR FEES AND CREATION OF LIEN Tract 4461 A Planned Development RECITALS WHEREAS, VILLAGE DEVELOPMENT 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 . 4461, consisting of seventy (70) 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 1.2-4 . 509 of the Fresno Municipal Code in the estimated amount of Twenty-One Thousand Five Hundred Thirty and 60/100 Dollars ($21, 530 . 60) for the following : R r Statement of Covenants UGM Fees Deferral Tract No. 4461/UGM 481 Page 2 UGM Neighborhood Park Fee Service Area No. 7 Zone District : R-1/UGM 12 .74 Gross Ac @ $1 , 690 .00/Ac = $21, 530 . 60 Total Estimated Amount $21 , 530 . 60; 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. Statement of Covenants UGM Fees Deferral Tract No. 4461/UGM 481 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 . Release shall be granted as fees are paid pursuant to this statement in accordance with the City of Fresno release of fees deferral covenant process . 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. Statement of Covenants UGM Fees Deferral Tract No . 4461/UGM 481 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: 3 CITY OF FRESNO, COVENANTOR a Municipal Corpo ion VILLAGE DEVELOPMENT By CORPORATION, a California Alvin P. Solis, Director Corporation Development Department APPROVED AS TO FORM: By: Richard Spe cer JAMES P. LOUGH President City Attorney By Deputy (Attach Notary Acknowledgment) STATE OF CALIFORNIA Fresnot ��,~ago107ft COUNTY of ISS. On December 15, 1992 before me, (here insert name and title of officer), personally appeared IWC WORLD TITLE COMPANY Richard . Spencer FOR NARY SEAL OR STAMP personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the OFFICIAL SEAL M same in his/her/their authorized capacity(ies), and that KAREN LEIGH EMERY l by his/her/their signature(s) on the instrument the ,; NOTARY PUBLIC-CALIFORNIA person(s), or the entity upon behalf of which the person(s) PRINCIPAL OFFICE IN f acted, executed the instrument. FRESNO COUNTY I;MY Commission Expires February 19, !994 WITNESS my hand and official seal. Signature �YTC 279 Statement of Covenants UGM Fees Deferral Tract No. 4461/UGM 481 Page 5 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) ss. OF FRESNO ) 1993 before me, G- A4 1m personally appeared *� personally known to me (or proved to me on the basis of satisfactory evidence) to be the person() whose name() is/awe subscribed to the within instrument and acknowledged to me that he/ - executed the same in his/her-/.t heizlauthorized capacity(ie }, and that by his/U r-signature($) on the instrument(j$) the person($) , or the entity upon behalf of the CITY OF FRESNO of which the person(/) acted, executed the instrument. WITNESS my hand and official seal. '6CQUELINE L. RYLE, CMC PITY CLERK BY DEPUTY LR:crm LAND291/+4630 GL2 L25 or L27 and L29 Revised: 12-11-92 Tract No . 4461/UGM 481 P.W. No . 9359 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 : PARCEL 1 : The West half of Lot 13 of PERRIN COUNTY NO. 2, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in volume 4 , Page 68 of Plats, in the office of the County Recorder of said County. EXCEPTING THEREFROM the following described property: BEGINNING at the Northwest corner of said Lot 13, and running thence Southwest corner thereof , thence East along the South line of said Lot 13 a distance of 450. 94 feet to a point thereon, which is 193 .26 feet West from the Southeast corner of the West half of said Lot 13 ; thence North from the Southeast corner of the West half of said Lot 13 ; thence North 632 . 63 feet to a point on the North line of said Lot 13 , which is 193 . 20 feet West from the Northeast corner of the West half of Lot 13 ; thence West along the North line, 450 . 80 feet to the POINT OF BEGINNING. PARCEL 2 : The West half of the East half of Lot 13 of PERRIN COLONY NO. 2 , in the City of Fresno, County of Fresno, State of California , according to the map thereof recorded in Volume 4 , Page 68 of Plats, Fresno County Records . PARCEL 3 The North half of the West half of Lot 14 , PERRIN COLONY NO. 2 , in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume 4 , Page 68 of Plats, Fresno County Records . LR:crm LAND291/+4629 101/ls/1775 1� 1� 12609089 P.16 Tract No. 4461/UGM 481 P.W. File No. 9359 SUBORDINATION M Dead - Park J66s3 The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on December 30, 1992, in the office of the Fresno County Recorder as Document No. 92195722 of which the Deed of Trust in by and between Village Development Corporation as Trustor, World Title Company, as Trustee, and Bankers Trust Company, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for UGM Park Fees and Creation of Lien for Tract No. 4461/UGM 481, a Planned Development; provided, however, that this Subordination is expressly conditioned upon the agreement by the City of Fresno that (i) in no event shall a breach of any covenant, condition or restriction contained in said Statement of Covenants For UGM Park Fees and Creation of Lien, impair the lien of any mortgage or security interest given in good faith and for valuable consideration, or impair the ability of any beneficiary and/or secured party thereunder to exercise its remedies thereunder and (ii) in no event shall the exercise by the City of Fresno of its remedies under said Statement of Covenants For UGM Park Fees and Creation of Lien, including the foreclosure of the lien created thereby, impair the lien of any such mortgage or security interest or impair the ability of any beneficiary thereunder to exercise its remedies thereunder, including the foreclosure of the lien created thereby, provided that in the event of any foreclosure of such mortgage or security interest, the beneficiary and/or secured party thereunder shall take title subject to said Statement of Covenants For UGM Park Fees and Creation of Lien. The assent and agreement by the City of Fresno to the terms of this Subordination shall conclusively be evidenced by the recordation of this Subordination in the Real Property Records of Fresno County. DATED: January 13 , 1993 BANKER TRST COMPANY Y_, By: _ / — Its: / J LA1-256970.V1 01/12/93 ACKNOWLEDGEMENT STATE OF lv gtt) �61-� ) SS. COUNTY OF On 0 1 - 3 ::C? 3 before me,�oYIES-Rri'l 61 a notary public, personally appeared7i r&i L tC YS II personally known to me (or proven to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged tome that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand and official seal. rl Q1„LALL OF NEW YOU NW Nota ry Public [Notarial Seal] Tract No. 4461/UGM 481 P.W. File No. 9359 BUBORDINATION (SR UCC - Park Post) The undersigned as holder of the beneficial interest in and under that certain UCC I recorded on December 30, 1992, in the office of the Fresno County Recorder as Document No. 92195723 of which the UCC I in by and between Village Development Corporation as Debtor, and Bankers Trust Company, as Secured Party, hereby expressly subordinates said UCC I and its beneficial interest thereto to the foregoing Statement of Covenants for UGM Park Fees and Creation of Lien for Tract No. 4461/UGM 481, a Planned Development; provided, however, that this Subordination is expressly conditioned upon the agreement by the City of Fresno that (i) in no event shall a breach of any covenant, condition or restriction contained in said Statement of Covenants For UGM Park Fees and Creation of Lien, impair the lien of any mortgage or security interest given in good faith and for valuable consideration, or impair the ability of any beneficiary and/or secured party thereunder to exercise its remedies thereunder and (ii) in no event shall the exercise by the City of Fresno of its remedies under said Statement of Covenants For UGM Park Fees and Creation of Lien, including the foreclosure of the lien created thereby, impair the lien of any such mortgage or security interest or impair the ability of any beneficiary thereunder to exercise its remedies thereunder, including the foreclosure of the lien created thereby, provided that in the event of any foreclosure of such mortgage or security interest, the beneficiary and/or secured party thereunder shall take title subject to said Statement of Covenants For UGM Park Fees and Creation of Lien. The assent and agreement by the City of Fresno to the terms of this Subordination shall conclusively be evidenced by the recordation of this Subordination in the Real Property Records of Fresno County. DATED: January 13 , 1993 BANKERS TRUST COMP *---- Its: J (Attach Notary Acknowledgement) LAI-256970.V1 01/12/93 ACKNOWLEDGEMENT STATE OF NeAC. ) SS. COUNTY OF On before me, I / a notary public, personally appeared hQ u I �A,r k,4.1 personally known to me (or proven to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged tome that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand and official seal. SPULALL TaTE OF NEW YORE "`= ''q A44Notary Public [Notarial Seal) 01/13/1993 12:16 12609089 P.18 Tract No. 4461/UGM 481 P.W. File No. 9359 BUDORDINATION OR Dead - tort fees) The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on December 30, 1992, in the office of the Fresno County Recorder as Document No. 92195724 of which the Deed of Trust in by and between Village Development Corporation as Trustor, World Title Company, as Trustee, and Bankers Trust Company, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for UGM Park Fees and Creation of Lien for 'tract No. 4461/UGM 481, a Planned Development; provided, however, that this Subordination is expressly conditioned upon the agreement by the City of Fresno that (i) in no event shall a breach of any covenant, condition or restriction contained in said Statement of Covenants For UGM Park Fees and Creation of Lien, impair the lien of any mortgage or security interest given in good faith and for valuable consideration, or impair the ability of any beneficiary and/or secured party thereunder to exercise its remedies thereunder and (ii) in no event shall the exercise by the City of Fresno of its remedies under said Statement of Covenants For UGM Park Fees and Creation of Lien, including the foreclosure of the lien created thereby, impair the lien of any such mortgage or security interest or impair the ability of any beneficiary thereunder to exercise its remedies thereunder, including the foreclosure of the lien created thereby, provided that in the event of any foreclosure of such mortgage or security interest, the beneficiary and/or secured party thereunder shall take title subject to said Statement of Covenants For UGM Park Fees and Creation of Lien. The assent and agreement by the City of Fresno to the terms of this Subordination shall conclusively be evidenced by the recordation of this Subordination in the Real Property Records of Fresno County. DATED: January 13 , 1993 BANKERS.-TRUST CQMPANY By: Its: (Attach Notary Acknowledgement) L11-136970.Y1 01/12/93 ACKNOWLEDGEMENT STATE OF /V N,O, SS. COUNTY OF On before me,�LS')Ls -ry 1 a notary public, personally appeared P- _,LL I r,Yc;�s I��.� personally known to me (or proven tome on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged tome that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand and official seal. a ;JLAI r = : 1F NEW YOf K r e � COUNTY ��- Notary Public j [Notarial Seal) 01/13/1993 12: 17 12609089 P.19 Tract No. 4461/UGM 481 P.W. File No. 9359 SUBORDINATION (A UCG - Park Taaa) The undersigned as holder of the beneficial interest in and under that certain UCC I recorded on December 30, 1992, in the office of the Fresno County Recorder as Document No. 92195725 of which the UCC I in by and between Village Development Corporation as Debtor, and Bankers Trust Company, as Secured Party, hereby expressly subordinates said UCC I and its beneficial interest thereto to the foregoing Statement of Covenants for UGM Park Fees and Creation of Lien for Tract No. 4461/UGM 481, a Planned Development; provided, however, that this Subordination is expressly conditioned upon the agreement by the City of Fresno that (i) in no event shall a breach of any covenant, condition or restriction contained in said Statement of Covenants For UGM Park Fees and Creation of Lien, impair the lien of any mortgage or security interest given in good faith and for valuable consideration, or impair the ability of any beneficiary and/or secured party thereunder to exercise its remedies thereunder and (ii) in no event shall the exercise by the city of Fresno of its remedies under said Statement of Covenants For UGM Park Fees and Creation of Lien, including the foreclosure of the lien created thereby, impair the lien of any such mortgage or security interest or impair the ability of any beneficiary thereunder to exercise its remedies thereunder, including the foreclosure of the lien created thereby, provided that in the event of any foreclosure of such mortgage or security interest, the beneficiary and/or secured party thereunder shall take title subject to said Statement of Covenants For UGM Park Fees and Creation of Lien. The assent and agreement by the City of Fresno to the terms of this Subordination shall conclusively be evidenced by the recordation of this Subordination in the Real Property Records of Fresno County. DATED: January 13, 1993 BANKERS FRUST COMPANY �- I is (Attach Notary Acknowledgement) 1J►1-256970 Y1 01/12/93 ACKNOWLEDGEMENT STATE OF Ne Lv" �� ) ' )SS. COUNTY OF MW Jt7-� ) On O — 1 � before me, YIs C • - i lo I a notary public,personally appeared ,c�.(u, �y z, personally known to me (or proven to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand and official seal. ;:, .ALL 4" Ar; OF NEWYORK ?1_ -"A �OUNTY Notary Public [Notarial Seal]