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Home My WebLink AboutT-4603 - Agreement/Covenant - 8/18/2006 (3) MUM M. .__.-.9 4.Q 5 5 5 9 5 ftcoffl*oATAEQi,ESTof.�_:.:-.... CITY OF FRESNO C AGO TITLE DEVELOPME r DEPARYMExc am Ferro ffind FSFSNO CA 9MI-36H AT . PAST M MAR 3 0 1994 FPA&40 COURN.CAUFAMU ► WILLM C.GREENWOOD.Count PMSE CONFORM -------------------ABOVE SPACE FOR REC Rt9d A ------ P.W. File No. 9637 Development Department UGM No. 479 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARR FEES AND CREATION OF LIEN Tract No. 4603 Phase IV of Tentative Tract No. 4480 RECITALS WHEREAS, THE HIGHLANDS AT FORT WASHINGTON, 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. 4603, consisting of Seventy-Nine (79) 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 Fifty-Three Thousand Nine Hundred Thirty-Seven and 05/100 Dollars ($53,937.05) for the following: Statement of Covenants Tract No. 4603/UGM 479 Phase IV of Tentative Tract No. 4480 Page 2 UGM Fire Station Fees Service Area No. 21 Zone District: R-1/UGM 20 . 52 Gross Ac @ $1,388.00/Ac $28,481.76 Less Fees due with Early Issuance of Building Permit for Lots: 17, 18, 19, 22, 23, 27, 29, & 30 [$4, 159 .27] Net Fire Station Fees Deferred by Covenant $24,322 .49 UGM Neighborhood Park Fees Service Area No. 7 Zone District: R-1/UGM 20. 52 Gross Ac @ $1, 690.00/Ac $34, 678.80 Less Fees due with Early Issuance of Building Permit for Lots: 17, 18, 19, 22, 23, 27, 29 & 30 [$5,064.24] Net Park Fees Deferred by Covenant $29, 614 .56. Total Estimated Amount $53,937.05; 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. a Jam..-. .. 1..... .. .. ... ... ........_. _ _ __...._._....� . _....._....... ..`. � . Statement of Covenants Tract No. 4603/UGM 479 Phase IV 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 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 obligation's. Statement of Covenants Tract No. 4603/UGM 479 Phase IV 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: CITY OF FRESNO, COVENANTOR a Municipal Curporation THE HIGHLANDS AT FORT By WASHINGTON, a California Alvin P. olis, Director Limited Partnership Development Department BY: Wathen-Cas s, Inc. , a a ' f n or ration APPROVED AS TO FORM: as e e al AMES P. O f BY: it Revi J. Dastanos Pres den By Depu y Y• ichard G�. Wathen', Jr. Secretary (Attach Notary Acknowledgment) STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On this 24th day of February, 1994, before me, Julia E. Silverstrom, a Notary Public in and for said County and State, personally appeared KEVIN J. CASTANOS and RICHARD G. WATHEN, 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 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 the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ►� ary Publi and for said State OON/iA.�9ld471 0Y PUBIC—Caltan'M RtESNO COUNTY Comm.ExplrM MAR 21.1997 r - .V.. CLERK'S CERTIFICATION STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On -,*Y?a XA 2 A/ 1994 before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(j$) whose name(d) is/are subscribed to the Within instrument and acknowledged to me that he/WwV4hey executed the same in his he--'�,�,� it authorized capacity(iee4, and that by his , kie ► signature(p) on the instrument(.9) the person(,K), or the entity upon behalf of the CITY OF FRESNO of which the person(g) acted, executed the instrument. WITNESS my hand and official seal.. JACQUELINE L. RVI-E, CMC CITY CLERK 1 BY DEPUTY i ` Ndi' Tract No. 4603 P.W. File No. 9637 EXHIBIT 'A' The Subject Property referred to in these covenants is 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, described as follows: BEGINNING at the Southeast corner 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 713 .76 feet to the TRUE POINT OF BEGINNING. Thence North 890 53 ' 37" West, continuing along the South line of the Southeast quarter of said Section 14, a distance of 1340.90 feet; thence North 00" 06' 23" East, a distance of 761.00 feet; thence South 89' 53 ' 37" East, a distance of 598.99 feet, thence South 00' 15' 01" West, a distance of 35.00 feet; thence South 89' 53' 37" East, a distance of 43. 10 feet to the beginning of a 505.00 foot tangent curve, concave to the North; thence Easterly, along said curve, through a central angle of 25' 49 ' 31" an arc distance of 227. 62 feet; thence non-tangent to said curve, South 00' 06' 23" West, a distance of 188 .44 feet; thence South 89' 53 ' 37" East, a distance of 321. 00 feet; thence South 00' 06 ' 23" West, a distance of 94 . 66 feet; thence South 450 06' 23" West, a distance of 17.45 feet; thence South 00" 06' 23" West, a distance of 50.00 feet; thence South 44' 53 ' 37" East, a distance of 17.45 feet; thence South 00. 06' 23" West, a distance of 139 . 02 feet; thence South 89' 53 ' 37" East, a distance of 50.00 feet; thence North 45' 06 ' 23" East, a distance of 17. 46 feet; thence South 89' 53 ' 37" East, a distance of 98.77 feet; thence South 00' 44 ' 14" West, a distance of 292,00 feet to the TRUE POINT OF BEGINNING. LR:dlk LAND427/+6772 TRACT NO. 4603 /UGM 479 P.W. FILE NO. 9637 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on November 24, 1993, in the office of the Fresno County recorder as Document No. 93182439 of Official Records of which the Deed of Trust in by and between The Highlands at Fort Washington, a California Limited Partnership, as Trustor, California Valley Securities Corporation, as Trustee and Bank One, Fresno, NA, a National Banking Association, as beneficiary, 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. 4603 /UGM 479, Phase IV of Tentative Tract No. 4480. Dated: February 25, 1994 BANK ONE, FRESNO, NA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On February 28, 1994 before me, Juanita Stenback, a Notary Public in and for said County and State, personally appeared Sherry Long, EX] personally known to me - OR - f4-proved-te-me-en-the-baste-of-eatiefaetery-evidenee to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand apy official seal. OFMAL JUANITA STENBACK to Stenback, Notary Pu is NOTARY PUBL"ALIFORNA PRINCIPAL OFFICE IN FRESNO COUNIy MY Commission EM Mair 23, 1994 ALL-PURPOSE ACKNOYLEDGNEKT State of California County of Fresno On February 28, 1994 before me, Juanita Stenback, a Notary Public in and for said County and State, personally appeared Colette J. Kirste, [X] personally known to me - OR - t3-proved-to-se-on-the-basis-ef--satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. OFR:K SM ESS my hand an fficial seal. MAMA V"BACK - NOTARY PUBLC.MFORNIA PRINWAL OFFICE IN to Stenba , Notary Public FRESNO COUNTY Mr U m mm 6a M4r 23.19%