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Home My WebLink AboutT-4547 - Agreement/Covenant - 8/18/2006 (2) KtCEMM AT REQUEST OF 9 3 12 4 3 4 3Rcnnm TO. CITY OF FRESNO DEVII.OP111FM DFTARTAiFNT tlM1U.PAST M 1600 Fremo Street FRESNO CA 93 72 1-3 60 4 AUG 17 1993 FWAW Q!tF mum C.c� PLEASE CONFORM e $ -------------------ABOVE SPACE FOR RECD ------ P.W. File No . 9475 Development Department UGM No . 428 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN Phase II of �' 6 Ttact No. 4312 RECITALS WHEREAS, FIG GARDEN NEW TOWN, 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 . 4547, consisting of one (1) 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 Nineteen Thousand Six Hundred Thirty-Seven and 80/100 Dollars ($19 , 637 . 80) for the following : Statement of Covenants Tract No . 4547/UGM 428 Phase II Tentative Tract No. 4312 Page 2 UGM Fire Station Fee Service Area No . 14 Zone District : C-P/UGM 11 . 83 Gross Ac @ $1, 094 . 00/Ac $12 , 942 . 02 UGM Neighborhood Park Fee Service Area No . 6 Zone District : C-P/UGM 11 . 83 Gross Ac @ $566 . 00/Ac $6, 695 . 78 Total Estimated Amount - $19 , 637. 80; 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 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 . 4547/UGM 428 Phase II Tentative Tract No. 4312 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 . 4547/UGM 428 Phase II Tentative Tract No. 4312 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: CITY OF FRESNO, COVENANTOR a Municipal Corp ation FIG GARDEN NEW TOWN a California Limited By Partnership Alvin P. Solis, Director Development Department By: Bomby Corporation, a California Corporation as General Partner APPROVED AS TO FORM: JAMES P. LOUGH VW J P" City Attorney By: j -Edda-r4-?4:-Ka•shi-a-a -P residerft- By/, FRANK J . PARR, JR . , SECRET, lam" Dep y (Attach Notary Acknowledgment) Statement of Covenants Tract No. 4547/UGM 428 Phase II Tentative Tract No. 4312 Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On 3C 1993 before me, m personal app ared 6 1 Ezti n. .0 personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons( ,X) whose nameV) is/a*e- subscribed to the within instrument and acknowledged to me that he/ executed the same in his/he—y't-hes .r authorized capacity(3ee+, and that by his/he-r-01-heir signature(, on the instrument(;() the person(jt) , or the entity upon behalf of the CITY OF FRESNO of which the person(pl acted, executed the instrument. WITNESS my hand and official seal. JACQUELINE L. RYLE, CMC CITY CLERK By ibEPUTY ` LR:nfm LAND345/+5483 GL2 L25 or L27 and L29 Tract No. 4547 Phase II . of Tentative Tract No. 4312 P.W. No. 9475 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 Lots 750 , 751 , 766 and 767 of Bullard Lands Irrigated Subdivision No. 6 , Recorded in Volume 8, Page 25 of Plats, Fresno County Records and Blythe Avenue (Vacated) , the 50 foot avenue adjacent to said Lots 750 , •751, 766 and 767 as shown on said map of Bullard Lands Irrigated Subdivision No. 6 , described as follows : Beginning at the Southeast corner of Lot 44 of Tract No. 3903, Recorded in Volume 46 , Page 83 of Plats, Fresno County Records; thence North 860 46 ' 00" East, Parallel with and 29 . 00 feet from the Southerly line of Lots 765 and 766 of said Bullard Lands Irrigated Subdivision No. 6 , a distance of 254 . 59 feet to the TRUE POINT OF BEGINNING; thence North 00 40 ' 23" East, parallel with and 254 . 00 feet East of the East line of said Tract No. 3903 , a distance of 960 . 00 feet; thence South 890 19 ' 37" East, a distance of 511. 87 feet to the West line of the Figarden Drive right-of-way; thence Southerly along said West line, being along a curve, concave to the southeast, whose radius point bears south 760 21 ' 12" East, having a radius of 1553 . 00 feet, through a central angle of 120 58 ' 30" , a distance of 351 . 69 feet; thence South 0' 40 ' 18" West, along said West line, a distance of 499 . 19 feet; thence Southerly along said West line, being along a tangent curve concave to the East , having a radius of 1253 . 00 feet, through a central angle of 20 57 ' 40" , a distance of 64 .76 feet; thence South 42' 03 ' 56" West, a distance of 21 . 32 feet; thence South 860 46 ' 00" West, along a line parallel with and 29 . 00 feet from the South lines of said Lots 767 and 766, said line also being the Northerly line of the West Bullard Avenue right-of-way, a distance of 460 . 88 feet to the TRUE POINT OF BEGINNING . LR:nfm LAND345/+5483 y i Tract No. 4547/UGM 428 P.W. File No . 9475 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 21 1993 in the office of the Fresno County Recorder in Book , Page Document No . 93057844 of which the Deed of Trust in, by and between Fig Garden New Town, a Calif. limited partnership as Trustor, California Sansome Corporation as Trustee, and The Bank of California, National Association , 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 Fees and Creation of Lien for Tract No. 4547/UGM 428, Phase II of Tenetative Tract No. 4312 . DATED: Z L 19 ,s.�wK c�cc�c/ i�raT,bntac.¢s�oc.�op4N . L 6;�/�Uf+�� Vicom p��6�.Ka�riIT (Attach Notary Acknowledgement) LR:nfm LAND345/+5483 GL2 L99a-b