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Home My WebLink AboutT-4606 - Agreement/Covenant - 8/18/2006 (3) 94112059 0 TITLE PLEASE CONFORM A RRTMT&. . PAST M CITY OF FRESNO DEVELOFN a DEPARTAffiNT r 2"Faso Stmt iJU L 1 3 19941 FRESNO CA 97721-3"4 �iw.�wIN'11.w►ir�IANA a 10 C•.GREDIWOW.Cowgy R000rdw ---------------ABOVE SPACE FOR RECORDER'S -- P.W. File No. 9588 Development Department UGM No. 532 City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN Tract No. 4606 (A Planned Development) RECITALS WHEREAS, Minnewawa Ranch, L.P., 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. 4606, consisting of one hundred seventeen (117) 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 Statement of Covenants Affecting Land Development Tract No. 4606 Page 2 VVHEREAS, the Subject Property is subject to UGM Fire Station and Park fees pursuant to Sections 1214.508 and 12-4.509 of the Fresno Municipal Code and Resolution No. 83-40 in the estimated amount of Forty-Five Thousand One Hundred Nine and 97/100 Dollars ($45,109.97) for the following: UGM Fire Station Fee Service Area No. 15 Zone District: R-l/UGM 20.84 Gross Ac @ $605.00/Ac = $12,608.20 *Fees calculated for the Early Model Agreement Lots For Lots 112-115 $ 505.52 Net UGM.Fire Station Fee Deferred $12,102.68 UGM Neighborhood Park Fee Service Area No. 2 Zone District: R-1/UGM 20.84 Gross Ac @ $1,650.00/Ac = $34,386.00 *Fees calculated for the Early Model Home Agreement Lots For Lots 112-115 $ 1.378.71 Net UGM Neighborhood Park Fee Deferred $33,007.29 Total Estimated Amount $45,109.97; 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. Statement of Covenants Affecting Land Development Tract No. 4606 Page 3 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. 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. 3 Statement of Covenants Affecting Land Development Tract No. 4606 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. DATE: C 5, l 9 9,q COVENANTOR CITY OF FRESNO, MINNEWAWA RANCH,L.P., a a Municipal Corp o tion California Limited Partnership By By: Wathen-Castanos, Inc., a AlVili P. Solis, Director California Corporati n, General Development Department Partner By: APPROVED AS TO FORM: Kevin J. t os President JAME . LOUGH Ci ttorn y Y: � G. Wathen Jr. By. Secretary (Attach Notary Acknowledgment) BJW:crm:LAND438/+6945 Statement of Covenants Affecting Land Development Tract No. 4606 Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA) ) ss. COUNTY OF FRESNO ) On 5t4%. , 1994 before me, personally appeaz d AoZ� IVperson known to me (or proved to me on the basis of satisfactory evidence) to be the persons(A) whose name(N) is/ase subscribed to the within instrument and acknowledged to me that he/sk*44,executed the same in his/he4dwk authorized capacity(iea), and that by his/horAkeir signature(g) on the instrument(g) the person(AL), or the entity upon behalf of the CITY OF FRESNO of which the person(X) acted, executed the instrument. WITNESS my hand and official seal. JACQUELINE L. RYLE, CMC CITY CLERK By Iw�'r►beit, DEPUTY BJW:crm LAND438/+6945 GL2 L77-L89 STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On this 9th day of June 9, 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, JR. , 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 Pu is ' and for said State JULA E ILVERSIROM COWA./9V 1 +jr Mft—Ccmo FRESNO COUNTY Comm.E)q8«MAR 21,1997 Final Tract No. 4606 P.W. File No. 9588 EXHIBIT A That portion of the West half of Section 17, Township 14 South, Range 21 East, Mount; Diablo Base and Meridian, according to the Official Plat thereof, described as follows: COMMENCING at a point on the West line of Section 17, 1331.8 feet Northerly from the southwest comer thereof which point is further described as being that designated in the field notes of a survey attached to a certain agreement between Miss M. D. Eschelman, Algernon Carey, A. E. Way and J. M. Garret, recorded December 10, 1890 in Book M of Covenants at Page 318 et seq., in the office of the County Recorder of said County; thence South 89° 55' East, 1351.75 feet, along the lines set forth in the above mentioned agreement, to a point; thence North 9° 52' West, along the line specified in said agreement, a distance of 966.3 feet, to a point; thence Westerly parallel with the South line of said Parcel, a distance of 1352.67 feet, a little more or less, to a point on the West line of said Section 17; thence Southerly, along the West line of Section 17, a distance of 966.3 feet to the POINT OF COMMENCEMENT. EXCEPTING THEREFROM that portion lying North of a line which is parallel with and 642.00 feet Southerly of the North line of the South half of said Section 17. EXCEPTING THEREFROM one-fourth of all oil, gas and other hydrocarbon substances which may now or hereafter be in or under or produced from the said property, and the rights thereto, as reserved by Arthur Anderson, et al., in Deed recorded November 5, 1948 in Book 2690, Page 92 of Official Records, BJW:crm LAND438/+6945 TRACT NO. 4606 P.W. FILE NO. 9588 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 27, 1994, in the office of the Fresno County recorder as Document No. 94075559 of Official Records of which the Deed of Trust in by and between Minnewawa Ranch, L.P., a California Limited Partnership, as Trustor, Regency Service Corporation, as Trustee and Regency Bank, as beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for Tract No. 4606. Dated: June 10, 1994 Regency an By: Robert J. Lojigatti, Slgnior Vice-President STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On this 10th day of June, 1994, before me, Julia E. Silverstrom, a Notary Public in and for said County and State, personally appeared Robert J. Longatti, 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 Public.-In and for said State !WommRIMM COUMY r .E7pkN MkQ 21.1