HomeMy WebLinkAboutT-3660 - Agreement/Covenant - 6/21/2006 (2) e
-------------------SPACE ABOVE FOR RECORDER ' S USE-------------------
Tract No . 3660 Development Department
UGM No . 172 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK AND FIRE STATION FEES
AND CREATION OF LIEN
(Tract No. 3660)
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. 3660, consisting of fifty
(50) lots; and
WHEREAS, the Subject Property is subject to UGM Park and Fire
Station fees pursuant to Section 12-4 . 509 of the Fresno Municipal
Code in the amount of approximately $28,032 .22; 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 and
Fire Station 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 and Fire Station 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-
r
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, GLi•
Accepted by: COVENANTOR
CITY OF FRESNO CDSPEN, a Joint Venture
a Municipal Corporation
By a" /�� CDS Properties Services, Inc .
George jk. Kerber, Director a Cal fornia Corporation
Development Department Joinrrr
ATTEST: By - j
ROBERT B. KELLOGG, VICE PRESIDENT
JACQUELINE LP RYLE By
Cit. Clerk
?%'
By �C�'_L✓C�t�'�_ C +��u e- c� � PENSTAR
Deputy a Californi orporation
Joint Vent re
APPROVED AS TO FORM:
JAMES A. McKELVEY BY
City Attorney�d
By C (Attach Notary Acknowledgment) 'i
eputy
GSA:dr
8069G/166
-3-
r
STATE OF CALIFORNIA )
))
COUNTY OF FRESNO SS.
On May 21 19 85 before me, a Notary Public in and for said County and
Sta e, personally appeared G. RICHAIUT, known to me to be the PRESIDENT of PENSTAR, A CALIFORNIA
CORPORATION, the Corporation that executed the within instrument, and known to me to be the person who executed
the within instrument on behalf of said Corporation therein named, and acknowledged to me that such Corporation
executed the within instrument pursuant to its by-laws or a resolution of its board of directors, said Corporation
known to me to be one of the Joint Venturers of CDSPEN, A JOINT VENTURE, the Joint Venture that executed the
within instrument, and acknowledged to me that such Corporation executed the sa a as such Joint Venturer, and
that such Joint Venture executed the same.
� .rlpsi aiy ' Notary Public Blair Tooley
NOTARY PUBIC
FRESNO COUNTY, CALIFORNIA s
My Commission Expires July 15,
STATE OF CALIFORNIA )
ss .
COUNTY OF SAN DIEGO )
On May 24 , 1985 , before me , a Notary Public in and for said
County and State, personally appeared ROBERT B. KELLOGG, known
to me to be the Vice President of CDS PROPERTIES SERVICES,
INC. , a California corporation, the corporation that executed
the within instrument, and known to me to be the person who
executed the within instrument on behalf of said corporation
therein named, and acknowledged to me that such corporation
executed the within instrument pursuant to a
resolution of its board of directors , said corporation known
to me to be one of the joint venturers of CDSPEN, a joint venture ,
the joint venture that executed the within instrument, and
acknowledged to me that such corporation executed the same
as such joint venturer, and that such joint venture executed
the same .
F(. 4MY
OFFICIIA SEnL
WITNESS my hand and official seal . V;1V«�y MAa/� NotarvF4�;ic-Clifo—nia
7 psi 0-ice 1.l
•:RCI ( �'.D eE:o County .a
«4y Con-!-,
VIVIAN MAY R (this area for official
notarial seal )
a
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Lots 22 through 27 inclusive of Bullard Lands
Irrigated Subdivision No . 1, in Section 5 , Township 13 South,
Range 20 East, Mount Diablo Base and Meridian, according to the map
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
being North 890 23 ' 48" West a distance of 1098 . 90 feet from the
Southeast corner of said Lot 27; thence North 000 36 ' 12" East a
distance of 130 . 00 feet; thence North 890 23 ' 48" West a distance of
22 . 00 feet; thence North O1° 05 ' 43" East a distance of 460 . 00 feet ;
thence North 16' 57 ' 08" East a distance of 222 . 92 feet; thence
along a curve to the South, concave to the Southwest with a radial
point which bears South 17' 47 , 18" West, a radius of 428 .00 feet , a
central angle of 000 48 ' 54" and an arc length of 6 . 09 feet; thence
. South 71' 23 ' 48" East a distance of 11. 53 feet; thence North
1811 36 ' 12" East a distance of 105 .00 feet; thence North 710 23 ' 48"
West a distance of 50. 89 feet ; thence North 120 19 ' 25" East a
distance of 176 . 20 feet; thence North 080 08 ' 0711 East a distance of
88 .00 feet; thence North 00' 39 ' 051, East a distance of 100.00 feet
to a point on the North line of said Lot 24 ; thence North
89' 20 ' 55" West, along the North line of said Lots 24 and 23 , a
distance of 276 . 58 feet to a point which lies South 89' 20 ' 55" East
a distance of 1292 . 37 feet from the Northwest corner of Lot 20 of
said Bullard Lands Irrigated Subdivision No. 1; thence South
000 39 ' 05" West a distance of 165 .00 feet; thence South 07' 28 ' 1911
West a distance of 48 .02 feet ; thence South 16' 43 ' 27" West a
distance of 248 . 15 feet; thence North 890 23 ' 48" West a distance of
18 . 52 feet; thence along a curve to the North, concave to the North,
with a radius of 472 .00 feet, a central angle of 10' 30 ' 07" and an
arc length of 86 . 51 feet; thence North 310 56 ' 22" West a distance
of 2 . 87 feet; thence North 740 59 ' 02" West a distance of
56 .00 feet; thence along a curve to the South, concave to the
Southeast, with a radial point which bears South 740 59 ' 02" East, a
radius of 528 . 00 feet, a central angle of 000 34 ' 50" and an arc
length of 5 . 35 feet; thence North 750 33 ' 52" West a distance of
105 . 00 feet; thence South 12' 03 ' 43" West a distance of 90 . 00 feet;
thence South 010 03 ' 16" West a distance of 779 .00 feet to a point
on the South line of said Lot 22, said point lying South 89' 23 ' 48"
East a distance of 940.02 feet from the Southwest corner of Lot 20
of said Bullard Lands Irrigated Subdivision No . 1; thence South
890 23 ' 48" East, along the South line of said Lots 22 , 23 and 27 , a
distance of 546 .04 feet to the Point of Beginning.
GSA: dr
8089G/166