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Home My WebLink AboutT-3305 - Agreement/Covenant - 6/30/2006 (2) Alb -------------------SPACE ABOVE FOR RECORDER 'S USE------------------- Tract_ Do . 3305 Development Department UGM Application No. 132 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN (Tract No . 3305 ) RECITALS WHEREAS , RIVERVIEW ESTATES , a Partnership, hereinafter referred to as " the Covenantor , " are the owners 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 its ax tached Exhibit A, said property being further subdivided by the final nap of Tract No . 3305, consisting of ten ( 10 ) lots; and WH nEAS ; 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 $5, 825. 60 ; and ;WHEREAS , Covenantor desires to commence development upon the Subject Property and has applied to the City for final subdivision map approval in order to effect such development; and WiiEREAS , Covenantor desires to dafer payment of the U65 hark Fees until such time that the issuance of building permits is requested by the Covenantor or their successors and assigns for such construction, or until all or part of the Subject Property is sold . COVENANTS , CONDITIONS , AND RESTRICTIONS Por favorable action on , and approval of , the Covenantor ' s application for final map approval upon the Subject Property , as referred to hereinabove, Covenantor hereby covenants as follows : 1 . All UGM bark Fees attributable to development of Subject Property shall be paid prior to the issuance by the City of building permits for structures built upon the Subject Property, or upon the close of escrow for the sale, lease, or transfer of any of 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 then most recently established by the Council . tach of the covenants, conditions, and restrictions contained in this Statement shall run with the Subject Property and shall be bindin(.1 upon each successive owner of the Subject Property, his heirs, re?.�r scntative�, succes_;ors and assignees. Th- 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 publics and puolic properties . Accordingly, tiie City of Fresno shall l, ,v,: the right to enforce this Statement by any legal or equitable means . All obligations of the Covenantor in this Statement spall inure solely Lo the benefit of the City of Fresno . There are no third party D!�neficiaries of said obligations nor shall the rigi-,t of the City of Fresno be transferrable in any manner to any person other than to a successor municipal corporation whose geographic boun:iaries 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 uhenforceability of any one provision or portion thereof shill not affect the validity or enforceability of any one previsions hcr:eof . 1�henever the context of the Statement so requires, in interprctin�l this Statement , any gender includes the other genders, the sinqular include- thc plural , and the plural includes the singular . DATED: Accepted by: COVENANTOR CITY OF FRESNO, RIVERVIE6! ESTATES , a Municipal Corporation a Partner p Oeorge A. Kerber , Director By Development Department '' f,//' -' T 1 1 C'!��-f^tt� r 1-Hen� y .!rbc �r�S JACQUELINE L. KYLE By� City Clerk / Title �1 � !?,=X�_2f By Deputy CAT.NO.NNO0636 TITLE INSURANCE TO 1954 CA(7-62) AND TRUST (Corporation as a Partner of a Partnership) Ancoata+wAhr STATE OF CALIFORNIA SS. COUNTY OF Fresno On June 10, 1983 before me, the undersigned, a Notary Public in and for said State,personally appeared Stnnley S, nanO i personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President,XKVI_ _ wally-knowre-te-nui-er-W -to-w+t ea.ehe-basis satisf X56 ��of t�ti4e- CAT• NO.NNO0636 TO 1954 CA(7•-82) (Corporation as a Partner of a Partnership) WANDTRuST TITLE INSI,)RANCE STATE OF CALIFORNIA COUNTY OF Fresno SS, AncoR coMPA„y On before me, the undersigned, a Notary Public in and for said State, personally appeared_ Vi r+t r personally known to me or proved to me on the basis of sattiisfac satisfactory evidence to be the person who executed the within instrument as the � President,a7� .tai lsioot6o '—'PetnelEyewnr t��iF sie�vet#��RM�� dic#rtrce— �a r Pia i°pn�'Hom "ate+dal„u>=vai:;bf�ixs�rflent�t�h�m "'`�' the corporation that execute the �yi bin instrument on behalf of RiyeryieW. Mes F the partnership that executed WIAL stns the within instrument, and acknowledged to me that suchcorporation executed the same as such partner and thatBETTY S. NAKAYAMA such partnership executed the same. NOTARY PUBLIC-CALIFORNIA WITNESS my hand and official seal. PRINCIPAL OFFICE IN FRESNO COUNTY / My Commission Expires July 15,198Signature X (This area for ofricial notarial seal) 3058/0079 -3- Fxhibif A DESCRIPT i ON : BEING A PORI ON OF PARCEL "C" OF PARCEL MAP NO. 79-16 , IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORD114G TO THE MAP THEREOF RECORDED JULY 17 , 1979, IN BOOK 31 AT PAGES87 THROUGH 98, INC.,LUSIVE, OF PARCEL MAPS , IN THE OFFICE OF THE COUNTY RECORDER OF Sr.ID COUNT) , AND MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE MOST WESTERLY ANGLE POINT OF THE SOUTHEASTERLY LINE OF SAID PARCEL "C" ; THENCE NORTH 55053 ' 47" EAST, ALONG THE SOUTHE.--.=TERLY LINE OF SAID ^ARCEL "C" , A DISTANCE OF 41. 04 FEET TO THE POINT Or CURVATURE OF H CURVE, CONCAVE TC THE NORTHWEST, WITH A RADIUS OF 1951c . 00 FEET, SAID CURVE BEING ALSO THE SOUTHEASTERLY LINE OF SAID PARCEL "C" ; THENCE NOPTHEASTERLY ALONG SAID CURVE, THROUGH A OENTRAL ANGLE OF 11049 ' 42" AND AN ARC LENGTH OF 404 . 22 FEET TO A POINT OF TANGENCY; THENCE NORTH 42004 ' 05" EASE', ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL "C", A DISTANCE OF 541 . 21 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTHWEST, WITH A RADIUS OF 1958 . 00 FEET, SAID CURVE BEING ALSO THE SOUTHEASTERLY LINE OF SAID PARCEL "C" ; THENCE NORTHEASTERLY ALONG SAID CURVE, • THROUGH A CENTRAL ANGLE OF 01025 ' 04" AND AN ARC LENGTH OF 42 . 45 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 85°37 ' 08" WEST, A DISTANCE OF 9 . 92 FEET; THENCE NORTH 49°30 ' 53" WEST, A Dl STANCE OF 124 . 0; =EET; THENCE NORTh �;9018 ' 07" EAST, A DISTANCE OFI140 . 67 FEET; THENCE 14ORTFI34026 ' 07" EAST, A DISTANCE OF 106 . 19 : FEET; THEIICE NORTH 31°49 ' 07" EAST, A DISTANCE OF 109 . 00 FEET; ', THENCE NORTH 2VIS ' 58" EAST, A DISTANCE OF 563 . 57 FEET; THENCE ', NORTH 35040 ' 07 " Er.ST, A. C i STAI•,ICE OF 190 . 99 FEET; THENCE SOUTH 52"221 ' 00" EAST, A D ' STANCE OF 128 . 86 FEET TO A POINT OF CURVATURE ', OF E, CURVE, CONCAVE TG THE SOUTHEAST, *.' ITH. P. RADIUS OF 1742 . 00 FEET; SAID CURVE ALSO BEING THE SOUTHEr.STERLY LINE OF SAID PARCEL "C" ; THENCE SOUTH— WESTERLY ALONG SrIL CUR\/ THROUGH A CENTRAL ANGLE OF 0O�,00= ' 55" AND AN ARC DISTANICE OF 274 . 60 FEET TO A POINT OF TANGENCY; THENCE SOUTH 28018 ' 58" v,'EST, ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL "C" , A DISTANCE OF 413 . 66 FEET TO THE POINT OF CURVATURE OF A CURVE, CON— CAVE TO THE NORTHWEST, WITH A RADIUS OF 1958 . 00 FEET, SAND CURVE BEING ALSO THE SOUTHEASTERLY LINE OF SAID 'PARCEL "C" ; THENCE SOUTH— WESTERLY ALONG SAID CURVE . THROUGH A CENTRAL ANGLE OF 1020 ' 03" AND AN ARC LENGTH OF 421 . 50 FEET TO TRUE POINT OF BEGINNING, r F.