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HomeMy WebLinkAboutT-4481 - Agreement/Covenant - 8/17/2006 ` 94 1 773 46 ORDED AT QUEST OF RMIM TO: T-. ;ed for ii i G�� i$ tL 1 ,C _ ` CITY OF FRESNO DEVELOPNWgT D4PARTMENT _ AT MIN. PAST M 2600 Frewo Sired /'1 c� FRESNO CA 93721-3604 .7 r;-Ei -C C FQ NOV 23 1994 FRESNO COUNTY, CALIFORNIA WILLIAM C.GREENWOOD,County order Donita Ghimenti -----------------------------ABOVE SPACE FOR RECOREW-" %J'%J' R_ S - -- --------- P.W. File No. 9401 Development Department UGM No. 478 City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN FOR TRACT NO. 4688 (Phase H of Tentative Tract No. 448 1) RECITALS WHEREAS, COUNTRY CLUB PARTNERS, a California General 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. 4688, consisting of Seventeen (17) 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 Eleven Thousand Four Hundred Nineteen and 501100 Dollars ($11,419.50) for the following: Statement of Covenants Tract No. 4688 Page 2 UGM Fire Station Fee Service Area No. 21 Zone District: R-1-C/UGM 6.62 Gross Ac @ $610.00/Ac= $4,038.20 UGM Neighborhood Park Fee Service Area No. 7 Zone District: R-1-C/UGM 6.62 Gross Ac r@ $1,115.00/Ac= $7,381.30 Total Estimated Amount $11,419.50; 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. 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. ■ Statement of Covenants Tract No. 4688 Page 3 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 alien 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. 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. Statement of Covenants Tract No. 4688 Page 4 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, a Municipal Corp t* COVENANTOR COUNTRY CLUB PARTNERS, a California By General Partnership Alvin P. Solis, Director Development Department BY: ZEPHYR ADOLPH PARTNERS, L.P., a California Limited Partnership, APPROVED AS TO FORM: its General Partner JA UGH Cit Attome 1 BY: ZAP, a California General i Partnership, its General Partner By Deputy BY: R.L. ADOLPH ASSOCIATES, INC., a Co ration, its Gener er 'I�A L. Adolph, esident (Attached Notary Acknowledgment) Statement of Covenants T-4688 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On 7? Z z 1994, before me, personally appeared eUL-c->y personally known to me (or provided to me on the basis of satisfactory evidence) to be the persons(jo whose name(k) is/ww. subscribed to the within instrument and acknowledged to me that he/sha4hey executed the same in his/hef4heiF authorized capacity(ies), and that by his/hef4"eif-signature(g) on the instrument(A) the person(X), 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 �-L G DEP TY bjw FT4688UG.DOC STATE OF CALIFORNIA } COUNTY OF FRESNO }� On - a a before me, Cathy L. Schwabenland, notary, personally appeared Rob T personally known to me to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity0es), 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. OFFML MOTARY SM CATHY L SCNWASENLAND -o NoMyPUM—CdkMin F% i. FRESNO COUNTY W Camra Expires JUL 14,19N Cathy L. Sc abenland, Notary Public avlo2s94 RL.A/cesEV4688/Z,ap Tna 463E PW File No.9401 UC M Fie Station and Part Fe" SUBORDnMTION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 16, 1992, in the office of the Fresno County Recorder as Document No. 92049117, Official Records, of which the Deed of Trust in, by and between R. L. Adolph Associates, Inc., a California corporation, as Trustor, World Title Company, a California corporation, as Trustee, and Morris D. Horwitz and Marilyn A. Horwitz, Trustees, Theodore Steinberg and Alice E. Steinberg, Trustees, Robert Kammen and Pepper Kammen, Trustees, Jack Jerome Schiff and Isabel Richman Schiff, Trustees, Sidney Ames and Sylvia Ames, Trustees, as beneficiaries, 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. 4688, Country Club Estates II, Phase 2. DATED: 19C Robert Kammen STATE OF CALIFORNIA } COUNTY OF FRESNO }� On before me, Cathy L. Schwabenland, notary, personally appeared Robert Kammen personally known to me 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. OFFKAAL NOTARY SEAL CATHY L sCHWABENLAND .e Nomrp Public—C 0brrda FP*sw COUNTY W Comm.Expins JUL 14,1906 Cathy L. Sch benland, Notary Public c}s1O2594 RLA/ccen/4633 Tract 4688 PW File No. 9401 UGM Fire Station and Park Fees SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on August 5, 1992, in the office of the Fresno County Recorder as Document No. 92109434, Official Records, of which the Deed of Trust in, by and between Country Club Partners, a California general partnership as Trustor, World Title Company, a California corporation, as Trustee, and ZAP, a California general partnership, 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 FEES AND CREATION OF LIEN for Tract No. 4688, Country Club Estates II, Phase 2. DATED: 19--LL ZAP, a California general partnership, By: R. L. Adolph Associates, Inc., a California corporation, Its Gen Partn j By: IL A Rob L. Adolph, Pr sident STATE OF CALIFORNIA } COUNTY OF FRESNO }ss. On \1 - O'er-q before me, Cathy L. Schwabenland, notary, personally appeared Rob L. Adolph personally known to me 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. ViTrNESS my hand and official seal. OFFlC W.NOTARY SEAL � CATHY L SCHWASENLANO Nomry Public—Calbrrfia FRESNO COUNTY GAf Comm.Expim JUL 14,1965 Cathy L. Sch benland, Notary Public cls t 02594 R1-AJccel1/4688/Zap E) �BPT "A" 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, according to the Official Plats thereof, described as follows: Commencing at the East quarter comer of said Section 14; thence North 89° 57' 45" West, along the North line of said Section 14, a distance of 1,131.05 feet; thence South 00° 02' 15" West, at a right angle thereto, a distance of 47.00 feet to the Point of Beginning; thence continuing South 00° 02' 15" West, a distance of 579.35 feet to the intersection point with a non-tangent curve, concave Northwesterly, with a radial bearing of South 03° 31' 53" East; thence Southwesterly, along said non-tangent curve, with a radius of 481.00 feet, through a central angle of 03° 37' 24", an arc distance of 30.42 feet; thence North 89° 54' 20" West, a distance of 85.62 feet to the beginning of a curve, concave Northeasterly, having a radius of 20.00 feet; thence Northwesterly, along said curve, through a central angle of 89° 56' 44", an arc distance of 31.40 feet; thence North 89° 51' 02" West, a distance of 38.00 feet to the intersection point with a non-tangent curve, concave Northwesterly, with a radial bearing of North 89° 57' 45" West, thence Southwesterly, along said non-tangent curve, with a radius of 20.00 feet, through a central angle of 90° 03' 16", an arc distance of 31.44 feet; thence North 89° 54' 29" West, a distance of 252.00 feet to the beginning of a curve, concave Northeasterly, having a radius of 20.00 feet; thence Northwesterly, along said curve, through a central angle of 89° 56' 44", an arc distance of 31.40 feet; thence North 000 02' 15" East, a distance of 367.85 feet to the beginning of a curve, concave Southeasterly, having a radius of 20.00 feet; thence Northeasterly, through a central angle of 97° 07' 19", an arc distance of 33.90 feet; thence North 010 38' 58" East, a distance of 38.18 feet to the intersection point with a non-tangent curve, concave Northeasterly, with a radial bearing of South 070 18' 00" West; Thence Northwesterly, along said non-tangent curve, through a central angle of 910 32' 12", an arc distance of 31.95 feet; thence North 000 50' 12" East, a distance of 110.61 feet; thence North 530 15' 45" East, a distance of 21.42 feet to the intersection point with a non-tangent curve, concave Northeasterly, with a radial bearing of North 070 22' 09" East; thence Southeasterly, along said non-tangent curve, with a radius of 1,347.00 feet, through a central angle of 070 19' 54", an arc distance of 172.36 feet; thence South 89° 57' 45" East, parallel with and 47.00 feet South of the North line of said Section 14, a distance of 253.71 feet to the point of beginning.