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Home My WebLink AboutT-4573 - Agreement/Covenant - 8/18/2006 (2) 9 3 1 6 9 2 1 9 -- &cam akdt srof PENTRAOITLE COMPAN? RSrt"M CITY OF FRESNO AT�_ . PAST M DEVELOPMENT DEPARTDIIIVT 2W Fnwo StreetOCT 2 9 1993 FRESNO CA 93721-3604 OA o o",mEw CAUFON " wLww C.OFEENw0 PLEASE CONFORX-- ------------------- -------------------ABOVE SPACE FOR � ------- P.W. File No . 9573 Development Department UGM No . 484 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN $0 " Phase II of Tentative Tract No. 4300 RECITALS WHEREAS, REGENCY/WILSON III, 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 . 4573 , consisting of One Hundred Nineteen ( 119) 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 No. 4573/UGM 484 Phase II of Tentative Tract No . 4300 Page 2 Municipal Code in the estimated amount of Sixty-Three Thousand Eight Hundred Twenty-Nine and 74/100 Dollars ($63 , 829 .74) for the following : UGM Fire Station Fee Service Area No. 14 Zone District : R-1/UGM 28 . 47 Gross Ac @ 547. 00/Ac $15 , 573 . 09 UGM Neiahborhood Park Fee Service Area No . 5 Zone District : R-1/UGM 28 . 47 Gross Ac @ $1, 695 . 00/Ac $48 , 256 . 65 Total Estimated Amount $63 , 829 . 74 ; 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 Statement of Covenants Tract No. 9573/UGM 989 Phase II of Tentative Tract No . 9300 Page 3 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. 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. Statement of Covenants Tract No . 4573/UGM 484 Phase II of Tentative Tract No . 4300 Page 4 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 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: 4410�' /2, 093 CITY OF FRESNO, COVENANTOR a Municipal Corporation By REGENCY/WILSON III Alvin . Solis, Director a California Limited Development Department Partnership APPROVED AS TO FORM: By: Leo Wilson Co. , Inc. JAME &OUGHT '� a California Corporation City Attovney !" as General Partner By Deputy By: Lar'6,4m' w i 1 s o n President (Attach Notary Acknowledgment) Statement of Covenants Tract No . 4573/UGM 484 Phase II of Tentative Tract No. 4300 Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On (VCJ4'0-11� /5 1993 before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons( whose name(,s7 is/&T-e- subscribed to the within instrument and acknowledged to me that he/&he/-the executed the same in authorized capacity(ie94 , and that by his/hQY /thair signatureV) on the instrument(') the person(A , 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. RYLE, CMC CITY CLERK By EPUTY LR:crm LAND396/+6267 GL2 L25 or L27 and L29 Tract No . 4573/UGM 484 P.W. File No . 9537 EXHIBIT "A" The Subject Property referred to in these covenants is situated in that portion of the Northwest Quarter of Section 34 , Township 12 South, Range 19 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, described as follows: BEGINNING at the West quarter corner of said Section 34 ; thence North O1' 36 ' 45" West, along the West line of the Northwest quarter of said Section 34 , a distance of 436 . 60 feet; thence South 45' 25 ' 18" East, a distance of 17 .46 feet; thence North 89' 34 ' 42" East, a distance of 86 . 59 feet; thence North 04' 38 ' 54" East, a distance of 102 . 57 feet; thence North 00' 25 ' 18" West, a distance of 781. 83 feet; thence North 01' 36 ' 45" West, a distance of 41 . 00 feet; thence North 88' 23 ' 15" East, a distance of 53 . 60 feet to the beginning of a 1100 . 00 foot tangent curve, concave to the South; thence Easterly, along said curve, through a central angle of 19' 44 ' 12" an arc distance of 378 . 92 feet; thence tangent to said curve, South 710 52 ' 33" East, a distance of 300 . 00 feet to the beginning of a 1100 . 00 foot tangent curve, concave to the North; thence Easterly, along said curve, through a central angle of 120 51 ' 13" an arc distance of 246 . 77 feet; thence non-tangent to said curve, South 010 01 ' 49" West, a distance of 1164 . 11 feet; thence North 89' 26 ' 26" West, a distance of 1020 . 24 feet to the POINT OF BEGINNING. LR:crm LAND390/+6267 Tract No. 4573/UGM 484 P.W. File No. 9537 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on March 13 199, in the office of the Fresno County Recorder in Book , Page Document No. 90028380 of which the Deed of Trust in, by and between Fammv Wilsm III. a 031ifrrr+i 2 Imbed Pah riD, as Trustor, mon 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 and Creation of Lien for Tract No. 4573/UGM 484, Phase II of Tentative Tract No. 4300 . DATED: September 22 199_ UNION BANK, a California r Iation IAI 4� Ronald M. Dunn, Vice President 41 D.R. t, Vice President (Attach Notary Acknowledgement) LR:crm LAND396/+6267 GL2 L99a-b