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Home My WebLink AboutT-4471 - Agreement/Covenant - 6/30/2006 (2) .. 93022390 Reg 4 cordin Requested by v City Clerk, Fresno. CaliforniAa MIN. PAST_�AM No Fee-Govt. Code 6103 Return to City Clerk.Fresno FEB 17 1993 FRE-Sew cWf%i ti,�..L.rOFWIA W0.UAY C.t3REENWooD,C,.,.y q q� 0614 F -------------------ABOVE SPACE FOR RECORDER ' SaYL?§r_ 'RE P.W. File No . 9406 Development Department UGM No . 443 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN Tract No . 4471 Thomasville Estates II Phase II of Tentative Tract No . 4347 RECITALS WHEREAS, THOMAS R . BUTLER, 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 . 4471 , consisting of fifty-four (54) 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 in the estimated amount of Twenty-Three Thousand Forty and 50/100 Dollars ($23 , 040 . 50) for the following : Statement of Covenants • Tract No . 4471 Phase II of Tentative Tract No . 4347 Page 2 UGM Fire Station Fee Service Area No. ND Zone District : R-1/UGM 11 .35 Gross Ac @ $800/Ac = $9 , 080 . 00 UGM Neighborhood Park Fee Service Area No . 4 Zone District : R-1/UGM 11 . 35 Gross Ac @ $1, 230/Ac = $13 , 960 . 50 Total Estimated Amount $23 , 040 . 50; 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 . 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 • Tract No . 4471 Phase II of Tentative Tract No . 4347 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 Statement of Covenants , Tract No . 4471 Phase II of Tentative Tract No . 4347 Page 4 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: r 9, CITY OF FRESNO, COVENANTOR a Municipal Corpo tion ro�By Thomas R. Butler, Inc. Alvin Solis, Director a California Corporation Development Department APPROVED AS TO FORM: B . JAMES P. LOUGH Thomas R. Butler President City Attorney By .' "'21Y/tpz (Attach Notary Acknowledgment) r Deputy t Statement of Covenants Tract No . 4471 Phase II of Tentative Tract No . 4347 Page 5 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On ��h��.an.c.�. 1993 before me, m personally app " ared ME personally known to me (or proved to me on t e basis of satisfactory evidence) to be the persons (,, whose name(,r) is/arr - subscribed to the within instrument and acknowledged to me that he/s#e-/- y executed the same in his/hax_ � authorized capacity(-ie-s-) , and that by his/har -44e signature V) on the instrument(X) the person(X) , or the entity upon behalf of the CITY OF FRESNO of which the person(s) acted, executed the instrument . WITNESS my hand and official seal . JACQUELINE L. RYLE, CMC CITY CLERK By d'L. 16 AZt-m-LtiL, D & UTY WB :crm LAND293/+4655 GL2 L25 or L27 and L29 Statement of Covenants Tract No . 4471 Phase II of Tentative Tract No . 4347 Page 6 EXHIBIT "A" Legal Description Tract No . 4471 That portion of Parcel 2 of Parcel Map 7301 recorded in book 50 of Parcel Maps at Pages 17 and 18, Fresno County Records , described as follows : BEGINNING at the southeast corner of said Parcel 2 ; thence south 890 50 ' 04" West, along the south line of said Parcel 2, a distance of 644 . 60 feet; thence North 000 13 ' 22" West, parallel with and 12 . 00 feet east of the west line of said Parcel 2 , a distance of 581 . 00 feet; thence North 260 38 ' 36" West a distance of 26 . 97 feet to the west line of said Parcel 2; thence North 00' 13 ' 22" West, along the west line of said Parcel 2, a distance of 155 . 85 feet; thence North 890 46 ' 38" East a distance of 165 . 00 feet; thence (south 00013 ' 22" East a distance of 2 . 15 feet ; thence North 890 50 ' 04" East parallel with the south line of said Parcel 2 , a distance of 324 . 87 feet; thence North 760 45 ' 39" East a distance of 50 . 39 feet; thence North 890 46 ' 38" East a distance of 120 . 78 feet to the most Easterly line of said Parcel 2 ; thence south 00° 00 ' 41" West, along the most easterly line of said Parcel 2 , a distance of 770 . 52 feet to the POINT OF BEGINNING. WM: crm LAND293/+4655 L� Tract No. 4471 P.W. File No . 9406 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 4 19 92, in the office of the Fresno County Recorder in Book , Page Document Nc . 92058512 of which the Deed of Trust in, by and between Thomas R. Butler, Inc. , a California corn. , 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. 4471, Phase II of Tentative Tract NO. 4347. DATED: January 13 1993 UNION BANK, _ �D.!R. reTj a s% ation t, Vice President Chuck Guinn, Vice President (Attach Notary Acknowledgement) WB :crm LAND293/+4655 GL2 L99a-b CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.519 State of California OPTIONAL SECTION • CAPACITY CLAIMED BY SIGNER County of Fresno Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document On 1/14/93 before me,Jacqueline M. Austin, Notary Publiq ❑ INDIVIDUAL DATE NAME,TITLE OF OFFICER.E.G.,-JANE DOE,NOTARY PUBLIC' ®CORPORATE OFFICER(S) personally appeared Thomas R. Butler President NAME(S)OF SIGNER(S) TITLE(S) ®personally known to me -OR -❑ proved to me on the basis of satisfactory evidence ❑ PARTNER(S) [] LIMITED to be the person(s) whose names}is/are [] GENERAL ` ATTORNEY-IN-FACT subscribed to the within instrument and ac- i knowledged to me that he/she/they executed ❑TRUSTEE(S) OFFICIAL8HAL the same in his/her/their authorized GUARDIAN/CONSERVATOR Jacqueline M. AuSdn capacity(ies), and that by his/her/their Not PUBLP FORNIA signature(s) on the instrument the person(s), E]OTHER: i PRINCIPALE INFRESNOTY or the entity upon behalf of which the My Ca WIft Exp.Mur.14,1994 person(s) acted, executed the instrument. SIGNER IS REPRESENTING: WITNESS my hand and official seal. NAME OF PERSON(S)OR ENTITY(IES) !I Thomas R. Butler , Inc . ; iSIGNATURE OF NOT 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 law, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE 01992 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309-718, :ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 California OPTIONAL SECTION �■ t State of t CAPACITY CLAIMED BY SIGNER County of Fresno Though statute does not require the Notary to 11 ty fill in the data below, doing so may prove 7 i invaluable to persons relying on the document On 01—1 3-9-1 before me, Maria R. Lana. a Notary Public ❑ INDIVIDUAL S DATE NAME,TITLE OF OFFICER-E.G.,'JANE E,NOTARY PUBLIC' , ®CORPORATE OFFICER(S) S personally appeared D.R. Reinhardt and Chuck Guinn of Uninn Bank Vice Presidents r NAME(S)OF SIGNER(S) TITLE(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)Asdare GENERAL subscribed to the within instrument and ac- ATTORNEY-IN-FACT knowledged to me that ks&ha/they executed ❑TRUSTEE(S) the same in kk%� =/their authorized GUARDIAN/CONSERVATOR capacity(ies), and that by>13d/their OTHER: MARIA R.LANG signature(s) on the instrument the person(s), i COMM.8965486 or the entity upon behalf of which the • Noilmy P"o-Caebmia acted, executed the instrument. FRESNO COUNTY person(s) Myoomrn.exptresMAY 01,19% SIGNER IS REPRESENTING: ` WITNESS my hand and official seal. NAME OF PERSON(S)OR ENTITY(IES) SIGNATURE OF NOTARY OPTIONAL SECTIO 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 law, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE 01992 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave..P.O.Box 7184-Canoga Park,CA 91309-71 E