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Home My WebLink AboutT-4480 - Agreement/Covenant - 6/29/2006 (2) W6MTO. 94102781 MCUIL .EST(y C1TY OF FRESNO CENTRALTITLE GOMPAN4 DEVOLOPhIM WARThIMT 2600 F�Stred FRESNO CA Onl-30 t ��1liV. PAST _n JUN 23 1994&YM WUAM C.cftum000.Coto*ftwd.r PLEASE CONFORM Y -------------------ABOVE SPACE FOR REC�R�YS E----- - ------- P.W. File No . 9385 Development Department UGM No . 479 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN _ Tract No. 4480 Phase I of Tentative Tract No. 4480 RECITALS WHEREAS, REGENCY-WILSON V, 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 . 4480, consisting of One Hundred Thirteen (113) 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 Statement of Covenants Tract 4480/UGM 409 Phase I of Tentative Tract No. 4480 Page 2 Municipal Code in the estimated amount of One Hundred Twenty-Five Thousand Four Hundred Ninety and 06/100 Dollars ($125, 490 . 06) for the following : ___UGM_ Fire Station Fee Service Area No. 21 Zone District: R-1/UGM 40 . 77 Gross Ac @ $1,388 .00/Ac $56, 588 . 76 UGM Neighborhood Park Fee Service Area No. 7 Zone District : R-1/UGM 40 . 77 Gross Ac @ $1, 690 . 00/Ac $68, 901 . 30 Total Estimated Amount $125, 490 . 06; 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 Fresno Building Permits for structures to be built upon the Subject Property. Such fees may be paid for individual parcels , if applicable. Statement of Covenants Tract 4480/UGM 0" Phase I of Tentative Tract No. 4480 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 651 . 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 Tract 4480/UGM V" — - - ----- Phase I of Tentative Tract No . 4480 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: L7u_,ve /st /99V CITY OF FRESNO, COVENANTOR a Municipal Corp ation REGENCY-WILSON V By a California Limited Alvin . Solis, Director Partnership Development Department By: Leo Wilson Co . , Inc . A California Corporation APPROVED AS TO FORM: General Partner JAMES P. LOU City A torn By: Udq—A. Wilson By P esident puty (Attach Notary Acknowledgment) Statement of Covenants Tract 4480/UGM 'e!'!9 --- Phase I of Tentative Tract No. 4480 Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) ...,pn -. - C y 1994 before me, ''� personal y appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(X) whose name(X) is/ate subscribed to the within instrument and acknowledged to me that he/ehey4they executed the-same in his/Rte_4the:_ authorized capacity(ics.) , and that by his/heF "`Ai - signature( [) on the instrument($$ the person(&) , or the entity upon behalf of the CITY OF FRESNO of which the person(A) acted, executed the instrument . WITNESS my hand and official seal . JACQUELINE L . RYLE, CMC CITY CLERK By DEPUTY LR:nfm LAND431/+5386 GL2 L25 or L27 and L29 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 the Southeast quarter of Section 14 , Township 12 South, Range 20 East, Mount Diablo Base and Meridian in the City of Fresno, County of Fresno, State of California, described as follows : 'BEGINNING at the South quarter corner of said Section 14 ; thence North 0011 15 ' 01" East, along the West line of the Southeast quarter of said Section 14 , a distance of 1, 840 . 62 feet; thence South 890_ 53 ' 53" East, a distance of 1,212 . 00 feet; thence South 000 15 ' O1"-West, a distance of 1, 079 . 71 feet, then North 890 53 ' 37" West, a distance of 598 . 99 feet; thence South 000 06 ' 23" West, a distance of 761 . 00 feet to a point on the South line of the Southeast quarter of said Section 14 ; thence North 890 53 ' 37" West, along the South line of the Southeast quarter of said Section 14 , a distance of 614 . 92 feet to the POINT OF BEGINNING. EXCEPT THEREFROM an undivided one-half interest in all oil, gas and/or minerals in and under said land, as reserved in the Deed from Occidental Life Insurance Company, a California Corporation, to Fred Williams, et al, recorded April 23, 1940, as Document No . 14092 . ALSO EXCEPTING THEREFROM an undivided one-half interest in all oil , gas and/or minerals in and under said land, as conveyed in the Deed from Occidental Life Insurance Company, a California Corporation, to California Lands, Inc . , a corporation, recorded April 23 , 1940 , Document No . 14091, but with no right of surface entry above a line measured to a depth of 500 feet from the surface thereof as provided , in a Quitclaim Deed recorded August 20, 1981, in Book 7772, Page 824 of Official Records as Document No . 74439 . LR:nfm: crm LAND341/+5386 "AUFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5193 1 State of California OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER , : County of Fresno Though statute does not require the Notery to S fill in the data below,doing so may prove r _ invaluable to perms r*ip on the doctsr sM i On 5/23/94 before me, Patric! a A_ Ri:l Pr ❑INDIVIDUAL DATENA►E.TITLE OF OFFICER-E.G,,'JANE DOE.NOTARY PUBLIC' ❑CORPORATE OFFICER(S) personally appeared Leo A. Wilson NAAIE(S)OF SIGNER(S) TMX(S) ®personally known to me-OR-❑ proved to me on the basis of satisfactory evidence I.PARTNER(S) LIMITED to be the person(s) whose name(s) is/are ❑GENERAL t subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT % knowledged to me that he/she/they executed ❑TRUSTEE(S) the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR capacity(ies), and that by his/her/their ❑OTHER: i signature(s)on the instrument the person(s), PATRICIA A. BIXLER or the entity upon behalf of which the COMM. #988384 person(s) acted, executed the instrument.-= 'I' NOTARY PUBLIC—CALIFORNIA to SIGNER IS REPRESENTING: FRESNO COUNTY N NAME OF PERSON(S)OR ENTITY(IES) i My Comm.Expires Mareh,B,1497 WITNESS my hand and official seal. i SIGNATURE OF NOTARY 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•8238 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-718c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No ° State of California OPTIONAL SECTION' CAPACITY CLAIMED BY SIGNER County of Fresno Though statute does not require the Notary to till in the data below,doing so may prove May 24 1994 Patricia D. McConnico invaluable to persons relying on the document On before me, DATE NAME,TITLE OF OFFICER-E.G.,:LANE DOE,NOTARY PUBLIC' E]INDIVIDUAL ❑ personally appeared Nancy K. Decker and James D. Hamilton CORPORATE OFFICER(S) NAME(S)OF SIGNER(S) TITLE(5) ®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) is/are ❑ GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/she/they executed ❑TRUSTEE(S) the same in his/her/their authorized ❑GUARDIANICONSERVATOR PATRCOWA#ICIA D. capacity(ies), and that by his/her/their OTHER: -. Nato-f PUAc—Cdfornla I signature(s) on the instrument the person(s), E] FRESNO COUNTY or the entity upon behalf of which the Mr Cam"i,b;*«FEB 20'1997 person(s) acted, executed the instrument. SIGNER IS REPRESENTING: WITNE S my hand and official seal. NAME OF PERSON(S)OR ENTITY(IES) SIGNATURE OF NOTARY 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 taw, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE rr�oez nleTrnNer rrnTeaY ARRMIAMM-8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309- Tract No. 4480/UGM 479 _ P.W. File No. 94M - SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on /�lw 2-7 19�, in the office of the Fresno County Recorder in Book , Page �- Document No. g D of which the Deed of Trust in, by and between Regency-Wilson V. , A California Limited , Partnership as Trustor, Commerce Securities Corporation as Trustee, and Bank of Fresno J. 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. 4480/UGM 479, Phase I of Tentative No. 4480 . DATED: May 24 19 94 Bank of Fresno - NDe er, Asst.ZZ rate Secretaryrirsi � ames Hamilton, enior Vice President (Attach Notary Acknowledgement) LR:nfm LAND431/+5386 GL2 L99a-b