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Home My WebLink AboutT-3151 - Agreement/Covenant - 6/22/2006 (2) Rc'eo fel',3,£;,ya.Oc-d by, C.- Go C3 fir -------------------SPACE ABOVE FOR RECORDER' S USE------------------- Tract No. 3151 Development Department UGM No. 142 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN (Tract No. 3151) RECITALS WHEREAS, Riverview Estates, a 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. 3151, consisting of nineteen (19) lots and 2 outlots; and WHEREAS, the Subject Property is subject to UGM Park fees pursuant to Section 12-4. 509 of the Fresno Municipal Code in the amount of approximately $23, 434. 80; 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 Park fees until such time that the issuance of building permits is requested by the Covenantor or his successors and assigns for such construction, or until all or part of the Subject Property is sold. 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 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, or upon the close of escrow for the sale, lease, or transfer of any of the Subject Property, whichever occurs first. 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 transferrable 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. -2- 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: O, Accepted by: COVENANTOR , Y, ( ' < CITY OF FRESNO RIVERVIEW ESTATES, a Parrership a Municipal Corporation BARGAIN;-HOMES, -INC partner* B George//A. Kerber, Director Victor Roznovsky, President Development Department BETTER IES, INC. ner ATTEST: ,1 BY— Stanley yStanley L. pa resttrnt JACQUELINE L. RYLE City Clerk It Deputy APPROVED AS TO FORM: JAMES A. McKELVEY City Attorney By CAT. NO. NNU0636 t) To 1954 CA(7 -82) TITLE INSURANCE orporation as a Partner of a Partnership) AND TRUST ((c ` •nCO«COMPANY tiTATF. OF CALIFORNIA 1`} SS, COUNTY OF Fresno On Jul?z- 20, 1984 before me, the undersigned, a Notary Public in and for said State, personalty appeared Victor Romovsky tr personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed. a Y the within instrument as the President X Y �Ql�' �G�71�'.n'� iII�t��i� r1'� MT1PHi�HU4}IF4'li��'E#r } RdTYtlt(2 e2rCeX �' XrYfY tXtY ia�xSKc �'af&a`ruce F i i �i s tt�'t tt s�th' fitUaaYy of a Bargain Homes; Inc . the corporation that executed I the within instrument on hChall of Rivervie�-.l states 011ICIA111A1 Y the partnership that executed WNOTARYBAY S. NAKAYAMA p p PUBLIC.CALIFORNIA the within instrument, and acknowledged to me that such NOTARY BOND FILED IN corporation executed the same as such partner and that FRESNO COUNTY such parutcrship executed the same. ommission Expires July 15,1087 4 WITNI:SS my hand and official seal. Sil natwc / � ,L i�yIGC/ (This area for official notarial seal) -- - .V V. u1C PCrwn wno executes IK W the within instrument as the President,aQ� X J _ �SdPlii'1Fr1V�1��}f�xL]f �11}iL�l�B�iBix�E��3'SI'3-t�F�S'3♦.hYAif ��'rl�CTte� a xx)''XXf-IXX�KtX,W1t 0xrXctidreaCIbii)fWYiKa iiWNi i`s� xlaof r�etter Hordes .. Inc . the corporation that executed the within instrument on Y hchall of R1vr-r, a.rie, Estates 01FICIA1SCAI the partnership that executed Wit`, BETTY S. NAKAYAMA ihr within instrument, and acknowled ed to me that such .f. NOTARY PUBLIC.CALIFORNIA g �� r NOTARY BOND FILED IN nor oratim) executed the same as such artner and that •x p p FRESNO Cn:!rrTY J such part crship executed the same. My Cornmis*. _=•,vire;,;, 1y 15, 19.9 l t1'I I"NFS) nit• hand and official seal. � -r; _•--_ .T. -r (This arra for nFFiCial notarial «nit • A PORTION OF LOT 273 OF FERRIN COLONY NO. 2, IN THE CITY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE AMMENDED MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN VOLUME 4 OF PLATS, AT PAGE 68, TOGETHER WITH THAT PORTION OF PARCEL C OF PARCEL MAP 79-16, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, IN BOOK 31, AT PAGES 87 THROUGH 98 OF PARCEL MAPS, DESCRIBED AS FOLLOWS : BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL B OF SAID PARCEL MAP 79-16; THENCE -NORTH 530 51 ' 00" EAST, ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL C, A DISTANCE OF 40 . 95 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTHWEST, WITH A RADIUS OF 1958 . 00 FEET, SAID CURVE BEING ALSO ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL C; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 110 49 ' 53" AND AN ARC LENGTH OF 404. 32 FEET TO THE POINT OF TANGENCY; THENCE NORTH 420 01 ' 07" EAST, ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL Cl A DISTANCE OF 515 . 21 FEET TO THE TRUE POINT OF BEGINNING: THENCE LEAVING THE SOUTHEASTERLY LINE OF SAID PARCEL C NORTH 030 46 ' 28" WEST, A DISTANCE OF 9 . 76 FEET; THENCE NORTH 496 34' 02" WEST, A DISTANCE OF 311 . 83 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE SOUTHWEST, WITH A RADIUS OF 515 . 00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 160 52 ' 08" AND AN ARC LENGTH OF 151 . 63 FEET TO THE POINT OF TANGENCY; THENCE NORTH 660 26 ' 10" WEST, A DISTANCE OF 7 . 04 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE SOUTHWEST, WITH A RADIUS OF 45 . 00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 250 42 ' 45" AND AN ARC LENGTH OF 20 . 19 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST WITH A RADIUS OF 50 . 00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 400 15 ' 38" AND AN ARC LENGTH OF 35 . 13 FEET TO THE NON-TANGENT END OF SAID CURVE; THENCE SOUTH 800 00 ' 42" WEST, A DISTANCE OF 20 . 00 FEET; THENCE NORTH 810 15 ' 09" WEST, A DISTANCE OF 195 . 30. FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL C; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID PARCEL C THE FOLLOWING COURSES : NORTH 110 56 ' 30" EAST, A DISTANCE OF 345 . 48 FEET; THENCE NORTH 280 28 ' 36" EAST, A DISTANCE OF 294 . 40 FEET; THENCE NORTH 190 03 ' 24" EAST, A DISTANCE OF 253 . 67 FEET; THENCE NORTH 250 42 ' 53" EAST, A DISTANCE OF 145 . 10 FEET; THENCE NORTH310 47 ' 22" EAST, A DISTANCE OF 225 . 79 FEET; THENCE NORTH •420 06 ' 34" EAST, A DISTANCE OF 303 . 25 FEET; THENCE NORTH 060 18 ' 33" EAST, A DISTANCE OF 38 . 09 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE, SOUTH 750 59 ' 55 " EAST, A DISTANCE OF 341 . 31 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST WITH A RADIUS OF 758 . 00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 110 58 ' 14" AND AN ARC LENGTH OF 158 . 37 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 87° 58 ' 09" EAST, A DISTANCE OF 231 . 24 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHEAST WITH A RADIUS OF 458 . 00 FEET; (A RADIAL THROUGH SAID POINT BEARS SOUTH 870 41 ' 29" EAST) THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 380 20 ' 37 " AND A ARC LENGTH OF 306 . 50 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 360 02 ' 06" EAST, A DISTANCE OF 118 . 51 FEET; THENCE SOUTH 820 13 ' 35" EAST, A DISTANCE OF 9 . 69 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID PARCEL Cl SAID POINT BEING ON A CURVE CONCAVE TO THE SOUTHEAST WITH A RADIUS OF 1389 . 73 FEET; (A RADIAL THROUGH SAID POINT BEARS SOUTH 380 16 ' 24" EAST) THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 040 10 ' 00" AND AN ARC LENGTH OF 101 . 06 FEET TO A NON-TANGENT POINT OF COMPOUND CURVATURE; ( A RADIAL THROUGH SAID POINT FOR THE CURVE TO THE NORTHEAST BEARS SOUTH 420 26 ' 24" EAST AND A RADIAL THROUGH SAID POINT FOR THE CURVE TO THE SOUTHWEST BEARS SOUTH 390 48 ' 17" EAST) THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE TO THE SOUTHEAST WITH A RADIUS OF 1742 . 00 FEET, THROUGH A CENTRAL ANGLE OF 120 54 ' 00" AND AN ARC LENGTH OF 392 . 21 FEET TO THE MOST EASTERLY CORNER OF TRACT 3305 ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 40 OF PLATS AT PAGES 50 THROUGH 52, FRESNO COUNTY RECORDS; THENCE NORTH 520 25 ' 09" WEST, ALONG THE NORTHEAST LINE OF SAID TRACT 3305, A DISTANCE OF 128 . 88 FEET TO THE MOST NORTHERELY CORNER OF SAID TRACT 3305; THENCE NORTHWESTERLY LINE OF SAID TRACT 3305 THE FOLLOWING COURSES : SOUTH 350 36 ' 58" WEST, A DISTANCE OF 190 . 99 FEET; THENCE SOUTH 280 15 ' 49" WEST, A DISTANCE OF 563 . 57 FEET; THENCE SOUTH 310 45 ' 58" WEST, A DISTANCE OF 109 . 00 FEET; THENCE SOUTH 340 22 ' 58" WEST, A DISTANCE OF 106 . 19 FEET; THENCE SOUTH 390 14 ' 58" WEST, A DISTANCE OF 140 . 67 FEET TO THE MOST WESTERLY CORNER OF SAID TRACT 3305; THENCE SOUTH 490 34 ' 02" EAST, ALONG THE SOUTHWESTERLY LINE OF SAID TRACT 3305, A DISTANCE OF 124 . 03 FEET; THENCE NORTH 850 34 ' 04" EAST, ALONG THE SOUTH LINE OF SAID TRACT 3305, A DISTANCE 9 . 92 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID PARCEL C; SAID POINT BEING ON A CURVE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL C CONCAVE TO THE NORTHWEST WITH A RADIUS OF 1958 . 00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 010 25 ' 05" AND AN ARC LENGTH OF 48 .46 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 420 01 ' 07" WEST, CONTINUING ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL C, A DISTANCE OF 25 . 55 FEET TO THE TRUE POINT OF BEINNING.