HomeMy WebLinkAboutT-4574 - Agreement/Covenant - 8/17/2006 (4) 94195211 RECORDED AT REQUEST OF
CENTRA TITLE
RUUMT0: PLEASE CO 4� 6—' �,,AATMIN..,PAST
CITY OF FRESNO
DEVEL2MFra°�BAR DEC 2 8 1994
260o Feeo Strad
FRESNO CA 93721-3604
FRESNO COUNTY,CAUFORNIA
WIWAM C.GREENWOOD,County fl�cotd�r
Donita Ghimenti $
BY DEPUTY RECOR
ABOVE SPACE FOR RECORbER'S USE
P.W. File No. 9703 Development Department
UGM No. 484 City of Fresno
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR UGM FIRE STATION, AND PARK FEES AND CREATION OF LIEN
FOR TRACT NO. 4574
(Phase III of Tentative Tract No. 4300)
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. 4574, consisting of Forty (40) 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 and Resolution No. 83-40 in
Statement of Covenants
T-4574
Page 2
the estimated amount of Eighteen Thousand Eight Hundred Seventy Four and 38/100 Dollars
($18,874.38) for the following:
UGM Fire Station Fee
Service Area No. 14
Zone District: R-1/UGM
10.35 Gross Ac @ $547.00/Ac $5,661.45 - $1,056.50* _ $6,795.76
Service Area No. 14
Zone District: R-1/UGM
* E.C.A for lots 21, 22, 24, 26, 32, 34 & 38 $1,056.50
UGM Neighborhood Park Fee
Service Area No. 5
Zone District: R-L/UGM
10.35 Gross Ac @ $1,695.00/Ac $17,543.25 - $3,273.83** _ $14,269.43
Service Area No. 5
Zone District: R-1/UGM
** E.C.A for lots 21, 22, 24, 26, 32, 34 & 38 $3,273.83
Total Estimated Amount $18.874.38; 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
-r
Statement of Covenants
T-4574
Page 3
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.
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
Statement of Covenants
T-4574
Page 4
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: Iz/z 2./9
CITY OF FRESNO, COVENANTOR
a Municipal Corpo a 'on
REGENCY-WILSON III, a California Limited
Partnership
By
Alvin olis, Director By: Leo Wilson, Inc., a California
Development Department Corporation, as General Partner
APPROVED AS TO FORM:
By: //"
JA P. LOUGH A ilson, President
Ci Atto ey
By
Dep&y'
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5W7
State of r=14forn4
County of Fresno
On November 29, 1994 before me, Patricia A. Bigler, Notary Public,
DATE NAME,TIRE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC
personally appeared Leo A. Wilson
NAME(S)OF SIGNER(S)
`j personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
PATRICIA A. t3IXLER person(s) acted, executed the instrument.
N n COMM. #988384 i
� NOTARY PUBLIC-CALIFORNIAN WITNESS my hand and official seal.
FRESNO COUNTY
My Com, .ExPlfe!WatcA18,199
r• 7 -
L'l &' 0_ t6//-_
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
nnE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTrrY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
--- - - - - - ----- ----- ------ - ---------
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
Statement of Covenants
T-4574
Page 5
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On 2�2�. , 1994, before me, C&"d--w- h4l,�AA-4-
_personally appeared ti P. pJ personaffy known to me (or provided to
me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s)
the person(s), 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 Cao *q,;-n 4v-
D PUTY
bjw
FT4574UG.DOC
Tract No. 4574
P.W. File No. 9403
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on March 13, 1990, in the office of the Fresno County Recorder as Document
No. 90028380 of which the Deed of Trust in by and between Regency-Wilson III, a California
Limited Partnership, 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 Affecting
Land Development for UGM Fire Station and Park Fees and Creation of Lien for Tract
No. 4574/UGM 484, Phase III of Tentative Tract No. 4300.
DATED: 11-22-94 19
UNION BANK, a California Corporation
as Trustee and Beneficiary
By:
—4_ %� 1
Ronald M. btrhn, Vice President
B �EJ �
y72�
Thomas G. Walker, Vice President
(Attach Notary Acknowledgement)
Certificate Of Acknowledgment
State of California )
County of Fresno )
On November 22, 1994 before me, Dorothy L. Murphy a Notary Public for the
State of California,personally appeared__Rnna l A M- Diinn, Vire PrP-Gi dent, and
Thomas—G Walkar, Vira PrPGiAPnt,
personally(mown to me(or pro o me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and
acknowledged to me tha s e/they executed the same in his/herAheir authorized capacity(ies), and that by his/herAheir signature(s) on the instrument the
person(s),or the enti pon behalf of which th on(s)acted,executed the instrument
WTTNESS my han and offic'
Signature (Seal)
DOROTHY L.MURPHY
iCOMM.t1cDo 1907 Z
zekycomrl
� Neton P;t;ia i'lornta y
TY
e.;px•a °1.A7 24,1996
FORM 00211 (Rev.6194)
Tract No. 4574
P.W. File No. 9703
EXHIBIT "A"
The Subject Property referred to in this Agreement is 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 Northeast corner of Tract No. 4300, according to the map thereof
recorded in volume 56 of Plats at Pages 45 and 46, Fresno County Records; thence South
74° 01' 38" West, along the North line of said Tract 4300, said North line being the
centerline of West River Vista Drive as shown on said map of Tract No. 4300, a distance
of 193.46 feet to the beginning of a 1100.00 foot tangent curve, concave to the North;
thence Westerly, continuing along the North line of said Tract 4300, along the centerline of
said West River Vista Drive, along said curve, through a central angle of 28° 59' 03" an
arc distance of 556.46 feet; thence non-tangent to said curve, North 13' 00' 41" East, a
distance of 41.00 feet to the beginning of a 1059.00 foot non-tangent curve, concave to the
North, a radial to said beginning bears South 13° 00' 41" West, thence Easterly, along said
curve, through a central angle of 00° 04' 24" an arc distance of 1.36 feet; thence non-
tangent to said curve, North 57° 45' 01" East, a distance of 16.52 feet; thence North
12° 29' 22" East, a distance of 87.97 feet; thence North 32° 20' 39" West, a distance of
17.49 feet to the beginning of a 947.00 foot non-tangent curve, concave to the North, a
radial to said-beginning bears South 13° 01' 38" West; thence Westerly, along said curve,
through a central angle of 00° 09' 02" an arc distance of 2.49 feet; thence non-tangent to
said curve, North 13* 10' 40" East, a distance of 50.00 feet; thence North 51* 32' 10"
East, a distance of 16.62 feet to the beginning of a 225.00 foot non-tangent curve, concave
to the West, a radial to said beginning bears North 89° 30' 21" East; thence Northerly,
along said curve, through a central angle of 08° 36' 35" an arc distance of 33.81 feet;
thence tangent to said curve North 09' 06' 14" West, a distance of 111.17 feet to the
beginning of a 275.00 foot tangent curve, concave to the East; thence Northerly, along said
curve, through a central angle of 09° 18' 15" an arc distance of 44.66 feet; thence non-
tangent to said curve, North 35° 16' 01" West, a distance of 19.51 feet; thence North
71' 52' 13" West, a distance of 9.39 feet; thence North 18° 07' 27" East, a distance of
50.00 feet; thence North 61° 42' 41" East, a distance of 17.26 feet to the beginning of a
275.00 foot non-tangent curve, concave to the East, a radial to said beginning bears North
74° 03' 49" West, thence Northerly, along said curve, through a central angle of
02° 11' 16", an arc distance of 10.50 feet; thence tangent to said curve, North 18° 07' 27"
East, a distance of 172.66 feet; thence North 26° 52' 33", West, a distance of 17.46 feet;
thence North 18* 07' 27" East, a distance of 25.00 feet; thence South 71* 52' 33" East, a
distance of 37.34 feet to the beginning of a 275.00 foot tangent curve, concave to the
Exhibit "A"
Tract No. 4574
Page 2
North; thence Easterly along said curve, through a central angle of 34° 37' 15" an arc
distance of 166.17 feet, to the beginning of a 250.00 foot reverse curve, concave to the
South, a radial to said beginning-bears North 16° 29' 48" West; thence Easterly, along said
curve, through a central angle of 47° 50' 55" an arc distance of 208.78 feet; thence tangent
to said curve, South 58* 38' 53" East, a distance of 182.19 feet to the beginning of a
275.00 foot non-tangent curve, concave to the Southeast, a radial to said beginning bears
North 59° 36' 52" West; thence Northeasterly, along said curve, through a central angle of
10° 02' 43" an arc distance of 48.21 feet, to the beginning of a 275.00 foot reverse curve,
concave to the west, a radial to said beginning bears South 49° 34' 09" East; thence
Northerly, along said curve, through a central angle of 39* 24' 02" an arc distance of
189.11 feet to the cusp of said curve; thence tangent to said curve, South 01* 01' 49"
West, a distance of 694.98 feet to the POINT OF BEGINNING.
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