HomeMy WebLinkAboutT-4481 - Agreement/Covenant - 6/30/2006 (2) 4-,J 6 WORLD TITLE
a 93122689 REED IN OFFICIAL RECORDS OF
FRESNO COUNTY,CALJFORNIA
AT MIN PAST M
AUG 1 3 1993,
FRESNO COUNTY,CALIFORNIA
VVILLIAM C.GREENWOOD,County Recorder
DONALD E.COLEMAN FEE r~
PLEASE CONFORM BYDEPurYRECORDER
-------------------ABOVE SPACE FOR RECORDER'S USE-------------------
P.W. File No . 9401 Development Department
UGM No . 478 City of Fresno
STATEMENT OF COVENANTS
FOR UGM FIRE STATION, PARK FEES AND CREATION OF LIEN
Coun ry Club Estates II
A Planned Development
RECITALS
WHEREAS, COUNTRY CLUB PARTNERS, a California General
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 . 4481, consisting of One Hundred Thirteen (113) lots and One ( 1)
Outlot ; 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 No . 4481
Country Club Estates II
A Planned Development
Page 2
Municipal Code in the estimated amount of Eighty-Five Thousand Four
Hundred Thirty-Nine and 25/100 Dollars ($85 , 439 . 25) for the
following :
UGM Fire Station Fee
Service Area No . 21
Zone District : R-1-C/UGM
49 . 53 Gross Ac @ $610 . 00/Ac a $30, 213 . 30
UGM Neighborhood Park Fee
Service Area No . 7
Zone District : R-1-C/UGM
49 . 53 Gross Ac @ $1 , 115 . 00/Ac - $55 , 225 . 95
Total Estimated Amount $85 , 439 . 25 ; 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.
Statement of Covenants
Tract No. 4481
Country Club Estates II
A Planned Development
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 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 No . 4481
Country Club Estates II
A Planned Development
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: %LylGf X,719-93
CITY OF FRESNO, COVENANTOR
a Municipal Corpo ion
COUNTRY CLUB PARTNERS, a
By California General Partnership
Alv Solis , Director
Development Department By: Zephyr Adolph Partners , L.P. ,
a California Limited
Partnership, Its General
APPROVED AS TO FORM: Partner
JAMES P. LOUGH By: Zap, a California General
City Attorney Partnership, its General
Partner
By -Z7 By: R .L. Adolph
(� Depul�y Associates , Inc . a
California
Corpora ion, its
1 Partn r
Rob L. Ad 1ph, v
President
(Attach Notary Acknowledgment)
Statement of Covenants
Tract No . 4481
Country Club Estates II
A Planned Development
Page 5
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
ss .
COUNTY OF FRESNO )
On c 3C 1993 before me,
personall appLWared 67CZ-: IL -f� J� t,-ceZg, k-L ' E fr2
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the persons( whose name(,$) is/a-pe- subscribed to the
within instrument and acknowledged to me that he/saW-tom executed
the same in his/haerr/t .ei-r authorized capacity(i4a-s) , and that by
his/h.4 . =r- signature(,$) on the instrument(,s') the person(r) , or the
entity upon behalf of the CITY OF FRESNO of which the person(,)
acted, executed the instrument .
WITNESS my hand and official seal .
JACQUELINE L . KYLE, CMC
CITY CLERK
By Via'
D PUTY `
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STATE OF CALIFORNIA }
COUNTY OF FRESNO },g.
On before me, ROB L. ADOLPH, President of R. L. Adolph
Associat , Inc., a California corporation, personally known to me 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.
OFFICIAL NOTARY SEAL
CATHY L scHWASENLAND
NOluy FvdIO—C"Imarola
FRESNO COUNTY
/ kV Come►Expkw AX KIM
Cathy L. Sch abenland, Notary Public
cW@dmm/noury.792
STATE OF CALIFORNIA }
COUNTY OF FRESNO }�
On A--a, '41 _C1 -Abefore me, the undersigned, a Notary Public in and for said County
and State, personally appeared Nat M. DiBuduo, Jr., personally known to me to be the person
whose name is subscribed to the within instrument as a witness thereto, who being by me duly
sworn, deposes and says: That Nat M. DiBuduo, Jr. resides at 7241 North Teilman, Fresno,
California that he was present and saw Natale Mauro DiBuduo and Florence Jean DiBuduo
personally known to him to be the persons described in, and whose names are subscribed to the
within and annexed instrument, execute the same; and that affiant subscribed his name thereto
as a witness of said execution.
WTINESS my hand and official seal.
OFf1CiAL NOTARY SEAL
CATHY L SCHMWA�AND
`• NOWY Pubk—C800mia
FRESNO CO NT14,1993
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Comm.Expires
JUL Cathy L. SdAwabenland, Notary Public
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Tract No . 4481
P .W. No . 9401
Page 1 of 1
EXHIBIT "A"
The Subject Property referred to in these Covenants in situated in
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, according to the
Official Plats thereof, described as follows :
BEGINNING at the East quarter corner of said Section 14 ; thence South
000 40 ' 25" West , along the East line thereof, a distance of
802 . 18 feet ; thence North 890 54 ' 29" West , a distance of
2683 . 48 feet to the West line of said Southeast quarter; thence North
000 14 ' 26" East , along said West line, a distance of 799 . 83 feet to
the Northwest corner of said Southeast quarter; thence South
890 57 ' 45" East , along North line of said Southeast quarter, a
distance of 2689 . 55 feet to the POINT OF BEGINNING.
EXCEPTING THEREFROM an undivided one-half interest in all oil, gas
and/or minerals in the 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 , in Book 1832 at Page 339 ,
Document No . 14092, of Official Records , said rights having been
waived to a depth of 500 feet below the surface by instrument
recorded August 2 , 1981 in Book 7772 , Page 824 , Document No . 74439 ,
Official Records .
ALSO EXCEPTING THEREFROM the following described parcel of land:
COMMENCING at the East quarter corner of said Section 14 ; thence
North 890 57 ' 45" West , along the North line of said Section 14 , a
distance of 1131 . 05 feet ; thence South 000 02 ' 15" West, at a right
angle thereto , a distance of 47 . 00 feet to POINT OF BEGINNING; thence
continuing South 000 02 ' 15" West, a distance of 579 . 35 feet to the
intersection point with a non-tangent curve, concave Northwesterly,
with a radial bearing of North 030 31 ' 53" West; thence
Southwesterly, along said non-tangent curve, with a radius of
481 . 00 feet , through a central angel of 030 37 ' 24" , an arc distance
of 30 . 42 feet ; thence North 890 54 ' 29" West, a distance of
85 . 62 feet to the beginning of a curve, concave Northeasterly, having
a radius of 20 . 00 feet ; thence Northwesterly, along said curve,
through a central angle of 890 56 ' 44" , an arc distance of
31 . 40 feet ; thence North 890 51 ' 02" West , a distance of 38 . 00 feet
to the intersection point with a non-tangent curve, concave
Northwesterly, with a radial bearing of North 890 57 ' 45" West;
thence Southwesterly, along said non-tangent curve, with a radius of
20 . 00 feet , through a central angle of 900 03 ' 16" , an arc distance
Tract No . 4481
P.W. No . 9401
Page 2 of 2
of 31 . 44 feet; thence North 890 54 ' 29" West, a distance of
252 . 00 feet to the beginning of a curve, concave Northeasterly,
having a radius of 20 . 00 feet; thence Northwesterly, along said
curve, through a central angle of 890 56 ' 44" an arc distance of
31.40 feet; thence North 000 02 ' 15" East, a distance of 367 . 85 feet
to the beginning of a curve, concave Southeasterly, having a radius
of 20 . 00 feet; thence Northeasterly, through a central angle of
9710 07 ' 19" , an arc distance of 33 . 90 feet; thence North 010 38 ' 58"
East, a distance of 38 . 18 feet to the intersection point with a
non-tangent curve, concave Northeasterly, with a radial bearing of
North 070 18 ' 00" East; thence Northwesterly, along said non-tangent
curve, through a central angle of 910 32 ' 12" , an arc distance of
31 . 95 feet; thence North 080 50 ' 12" East, a distance of 110 . 61 feet;
thence North 530 15 ' 45" East, a distance of 21 .42 feet to the
intersection point with a non-tangent curve, concave Northeasterly,
with a radial bearing of North 070 22 ' 09" East; thence
Southeasterly, along said non-tangent curve, with a radius of
1347 . 00 feet, through a central angle of 070 19 ' 54" , an arc distance
of 172 . 36 feet; thence South 890 57 ' 45" East, parallel with and
47 . 00 feet South of the North line of said Section 14 , a distance of
253 . 71 feet to the POINT OF BEGINNING.
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UGM Park
Tract No. 4481/UGM 478
P.W. File No. 9401
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain
Deed of Trust recorded on December 24, 1985, as Document No. 85130477, Official
Records, and re-recorded April 16, 1992, in the office of the Fresno County Recorder
as Document No. 92049116, Official Records, of which the Deed of Trust in, by and.
between Sidney Ames and Sylvia Ames, Theodore Steinberg and Alice Steinberg,
Robert Kammen and Pepper Kammen, J. J. Schiff and Isabel Schiff, Morris D. Horwitz
and Marilyn Horwitz, as Trustor, Safeco Title Insurance Company, a California
corporation, as Trustee, and The Natale Mauro Dibuduo and Florence Jean Dibuduo
Family Trust, as beneficiaries, hereby expressly subordinate 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. 4481/UGM 478, Country
Club Estates Il, a Planned Development.
DATED: ' 1949'0'
THE NATALE MAURO DIBUDUO AND
FLORENCE JEAN DIBUDUO FAMILY TRUST
Declaration of Living Trust dated March 24,
1981 (Irrevocable Trust)
Natale Mauro DiBuduo, Trustee
Florence Jean Di duo, Trustee
Attach Notary Acknowledgement
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RLA/ccell/DiBpark.1
Witnessed by:
Nat M. DiBuduo, Jr.
UGM Park
Tract No. 4481/UGM 478
P.W. File No. 9401
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain
Deed of Trust recorded on April 16, 1992, in the office of the Fresno County Recorder
as Document No. 92049117, Official Records, of which the Deed of Trust in, by and
between R. L. Adolph Associates, Inc., a California corporation, as Trustor, World
Title Company, a California corporation,as Trustee, and Morris D. Horwitz and Marilyn
A. Horwitz, Trustees, Theodore Steinberg and Alice E. Steinberg, Trustees, Robert
Kammen and Pepper Kammen, Trustees, Jack Jerome Schiff and Isabel Richman
Schiff, Trustees, Sidney Ames and Sylvia Ames, Trustees, as beneficiaries, hereby
expressly subordinate 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. 4481/UGM 478, Country Club Estates II, a Planned
Development.
DATED: l 19
Robert Kammen
Attach Notary Acknowledgement
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RLA/ccell/Kampark.1
UGM Park
Tract No. 4481/UGM 478
P.W. File No. 9401
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain
Deed of Trust recorded on August 5, 1992, in the office of the Fresno County
Recorder as Document No. 92109434, Official Records, of which the Deed of Trust
in, by and between Country Club Partners, a California general partnership as Trustor,
World Title Company, a California corporation, as Trustee, and ZAP, a California
general partnership, 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. 4481/UGM 478,
Country Club Estates II, a Planned Development.
DATED: k 19�1
ZAP, a California general partnership,
By: R. L. Adolph Associates, Inc., a
California corporation,
Its Ge Ler LIBy:
Rob L. Adolph, Presi ent
Attach Notary Acknowledgement
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LAND345/+5382
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RLA/ccell/Zapfire.1
STATE OF CALIFORNIA }
COUNTY OF FRESNO }SS.
On -I- 11 .Cl 3 before me, ROBERT KAMMEN, personally known to me 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.
= \T: OFFICIAL NOTARY SEAL
.r -rr►Y L.SCHWABENLAND
I Notary Pudic—Calftmia
FRESNO COUNTY
It ,J *1s l Y f\ F
Notary Public , ' i comm.Expires JUL 14,1s®s
da/aamin/nalaq.kam
STATE OF CALIFORNIA }
COUNTY OF FRESNO }SS.
On �'_�:. l . -i ,� before me, ROB L. ADOLPH, President of R. L. Adolph
Associates,",Inc., a California corporation, personally known to me 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.
r;-ARY S!14.1919
L
L SC.-jW,a3FNI- ND
F^ O COUNTY
Cathy L. Schwabenland, Notary Public C�mn.expires JULS5
dwaamidn«uy,7912