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Home My WebLink AboutT-3600 - Agreement/Covenant - 6/21/2006 (2) OM060AlRWuRTOf Il�oerrf.+Imtueewbr -S !C.o t t 1 u C+b CW*fnvw.Cr/«w z / VXFM IT& mL CL FH F»OOWL C20 R:oa& O �. GK'SQ b •• p� �*M CRI ark F-%" AT.....-..MIN.PAST..1F .M n O AUG 29 N4 z z ' 84U83QU3 -� 4 GALIN LARSO",C sol ReowdW >D to ----------------- �GC --SPACE ABOVE F�YwB9Qfi13[DW ---- ------------ � Tract No. 3600 Development Department O UGM No. 172 City of Fresno m N STATEMENT OF COVENANTS O FOR UGM PARK FEES AND CREATION OF LIEN (Tract No. 3600) n M RECITALS WHEREAS, CDSPEN, A Joint Venture, 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. 3600, consisting of sixty-two (62) lots; and WHEREAS, the Subject Property is subject to UGM Park fees pursuant to Section 12-4.509 ^f the Fresno Municipal Code in the amount of approximately $28,620.00; and WHEREAS, Covenantor desires to have a Final Tract Map subdividing t:.e 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: CA C FV co J FIRM ri M 849830o3 i 1. All UGM Park fees attributable to development of Subject 0 .r Property shall be paid prior to the issuance by the City of 0 C F3uilding P^rmits for structures to be built upon the Z Subject Property, 7 p y, or upon the close of escrow for the sale, lease, or transfer of any of the Subject Property, m n whichever occurs first. Such fees may be paid for individual parcels, if applicable. m 2. The UGM fees due shall be calculated by the City at the N time of their payment, and shall be those amounts most In recently established by the Council. Inn 3. Covenantor hereby waives any and all rights he may have m 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. Acc�-rc:i�gly, the City of Fresno shall have the right to enforce this Statement by any leqal 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 i written release of such conditions and ohlitlationn. N �A -1- n l •, n 84 083003 Z The provisions of this Statement shall be deemed independent and O • severable and the invalidity or partial invalidity or p unenforceability of any one provision or portion thereof shall not Z 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 A O includes the plural, and the plural includes the singular. O rn �D DATED; Z' "t I'— o-se O Accepted by: COVENANTOR i CITY OF FRESNO CDSPEN, A Joint Venture rn a Municipal Corporation CDS Properties Services, By Q• A California Corporation, Georg A. Kerber, Director A Joint Venturer Development Department ATTEST: By JACQUELINE L. RYLE� By City Clerk Byzl�z PENSTAR , -Deputy A Ca ornia Co ration APPROVED AS TO FORM: A oint Vent r JAMES A. McKELVEY y City Attorney B / Deputy STATE OF CALIFORNIA COUNTY OF SAN nIEGO on August 7, 1984, before me. the undersigned. a Notary Public in and for said State, personally appeared T. PATRICK SMITH, personally known to me to be the President, and STEVEN L. BLACK personally known to me to be the Chief Financial Officer. Vice-President/Financial Services of CDS PROPERTIES SERVICES. INC.. the Corporation that executed the within instrument; and personally known to at to be the persons who executed the within instrument on behalf of the Corporation. said Corporation being known to me to be one of the joint venturors of CDSPEN a point venture; the joint venturors that executed the within instrument. and acknowledged to me that such Corporation executed the same as such joint venturors. and that such loin[ "M-Oft WA.venture executed a same. STANLEY E. WaRtVER WM"rnis ate SIGNATURE: w Daae�1«n FO"110A�� `-- a►-w+tom►-y� -^ fV i I� aovERNMarr QODE 27361.E 841)83003 jI certify under the penaltT of perjury that the notary Beal on the document to which this statement is attached reads as follows: I j Name of Notaryrtan le_v F Iw )nr r�Gr t Date Cosmiaaion Expires i Place of Execution .SQ y1 pi p A C C OU rli v Date— N O o )-G 1 C, $ S i itnature kPirm name if any , j FCRO-1-33 (11/82) , i STATE OF CALIFORNIA SS. } COUNTY OF FRESNO ON AUGUST 7, 1984. BEFORE ME, THE UNDERSIGNED. A NOTARY oUBLIC IN AND FOR SAID COUNTY AND STATE. PERSONALLY APPEARED DENTS G. CULLUMBER. PERSONALLY KNOWN TO ME TO BE THE VICE PRESIDENT AND PAM DEAN, PERSONALLY KNOWN TO ME TO BE THE SECRETARY OF PENSTAR. A CALIFORNIA CORPORATION. THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT AND PERSONALLY KNO:IN TO ME T') BE THE PERSONS WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF THE CORPORATION. SAID CORPORATION BEING KNOWN TO ME TO BE ONE OF THE JOINT VENTURERS OF CDSPEN, A JOINT VENTURE , THE JOINT VENTURER THAT ! EXECUTED THE h:THIN INSTRUMENT. AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME AS SUCH JOINT VENTURER AND THAT SUCH JOINT VE'ITURE EXECUTED THE SAME. NOTARY STAMP KAY AIR•TOOIEY� I l�1 M 2 O O C 2 EXHIBIT •A• -�1 84083003 Description M A That portion of Lots 24 through 27 inclusive of Bullard Lands O Irrigated Subdivision No. 1 Section 20 East, Mount Diablo Base and nMeridian,5according pto3the map Range G thereof recorded in Book 9, Page 2 of Record of Surveys, Fresno County Records, and being more particularly described as follows: BEGINNING at a point on the South line of said Lot 27, said point In O being North 89. 23' 48' West a distance of 590.00 feet from the Southeast corner of said Lot 27; thence North 01. 05' 43' East, A parallel with the East line of said Lots 24 through 27, a distance of 576.00 feet; thence North 160 05' 43' East a distance of 365.00 feet; thence North 08. 08' 58' East a distance of 167.12 feet; thence North 010 05' 43' East a distance of 180.00 feet to a point on the North line of said Lot 24, said point lying North 89. 20' 55' West a distance of 475.00 feet from the Northeast corner of said Lot 24;thence North 890 20' 55' West, along the North line of said Lot 24 a distance of 541.91 feet; thence South 00. 39' 05' West a distance of 100.00 feet; thence South 08. 08' 07' West a distance of 88.00 feet; thence South 12. 19' 25' West a distance of 176.20 feet; thence South 71. 23' 48' East a distance of 50.89 feet; thence South 18. 36' 12' West a distance of 105.00 feet; thence North 71. 23' 48' West a distance of 11.53 feet; thence along a curve to the South, concave to the Southwest, with a radius of 428.00 feet, a central anile of 00. 48' 54' and an arc length of 6.09 feet; thence South 16 57 08 West a distance of 222.92 feet; thence South 01' 05' 43' West a distance of 460.00 feet; thence South 89. 23' 48' East a distance of 22.00 feet; thence South 00. 36' 12' West a distance of 130.00 feet to a point on the South line of said Lot 27; thence South 89' 23' 48' East, along the South line of said Lot 27, a distance of 508.90 feet to the POINT OF BEGINNING. Containing 15.61+ Acres GSA:dr 7108G/154 a . d�5 NA t0