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Home My WebLink AboutT-3686 - Agreement/Covenant - 6/21/2006 (2) -------------------SPACE ABOVE FOR RECORDER' S USE------------------- Tract No. 3686 Development Department UGM No. 162 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN (Tract No. 3686) RECITALS WHEREAS, PALM GATES, A California 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. 3686, consisting of thirty (30) lots; and WHEREAS, the Subject Property is subject to UGM Park and Fire Station fees pursuant to Sections 12-4.508 and 12-4. 509 of the Fresno Municipal Code in the amount of approximately $20,432.70; 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: APPROVED BY CITY COUNCIL 34- 19 J&C JA#QUELINE L.RYLE,CITY CLERK By 2:2, DEP 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- 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: Accepted by: COVENANTOR CITY OF FRESNO PALM GATES, Ca ifornia Partnership a Municipal Corporation By Q Georg A. Kerber, Director D ELLNER, 0aaeral Partner Development Department ATTEST: SIERRA VISTA FIVE, A California Partnership, as General Partner JACQUELINE L. RYLE City Clerk By THE BRISTOL INVESTMENT COMPANY A California Corpor tion, General Par ner By Deputy P. DAV IP' $EMILLER, President rEONARD110 ODS Sec a APPROVED AS TO FORM: BYE SHE DO OLMAN, G neral Partner JAMES A. McKELVEY City Attorney By 2a� (Attach Notary Acknowledgement) -- - GSA:dr a STATE OF CALIFORNIA SAFECD Z COUNTYOF_ FRESNO SS. 0) 0 .2 TITLE INSURANCE r a On this the_. 16th '0 H said State,personally a day of August 19 84 ,before me,the undersigned,a Notary Public in and for LL P y ppeared P. David Wasemiller 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 m r President,and _ Leonard_ L. Woods 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 Secretaryof Bristol L' Investment Com an 3A y, the corporation that FOR NOTARY SEAL OR STAMP exu(;uted thu within instrument on behalf of Q Sierra Vista Five,aCA Partnership the part- nership that executed the within instrument,and acknowledged to me Ci that such corporation executed the same as such partner and that such partnership executed the same. ^^ y d WITNESS y hand and official seal. ¢ a rn Q z E Signature -f EXHIBIT "A" LEGAL DESCRIPTION Being the subdivision of that portion of Lots 1029 and 1049 of BULLARD LANDS IRRIGATED SUBDIVISION NO. 6 , in the City of Fresno, Fresno County, California, according to the map thereof recorded in Volume 8 of Plats at Page 25 , Fresno County Records , described as follows : BEGINNING at a point on the Northeasterly line of said Lots 1029 and 1049 said point being the most Easterly corner of Tract No. 3642 , THE PALM GATES PHASE II , according to the map thereof recorded in Volume 41 of Plats . at Pages 51 and 52, Fresno County Records; thence along the Southeasterly line of said Tract No. 3642, the following courses : South 380 571 131' West, 63 . 97 feet; North 510 02 ' 47" West , 18 .00 feet ; South 380 57 ' 13" West, 92 .00 feet; South 510 02 ' 47" East , 18 .00 feet; South 380 57 ' 13" West , 9 .00 feet; South 510 02 ' 47" East, 10.00 feet ; South 380 57 ' 13" West, 12 .00 feet; North 510 02 ' 47" West, 20.00 feet; and South 380 57 ' 13" West, 83 .00 feet; North 510 02 ' 47" West, 8 .00 feet; and South 380 571 13" West, 95 . 18 feet to the most Southerly corner thereof said point being on the Northeasterly right-of-way line of West San Jose Avenue; thence South 550 141 44" East along said Northeasterly right-of-way line, a distance of 58 . 62 feet to the point of curvature of a curve, concave to the Northeast , whose radius is 958 .00 feet and interior angle is 210 21 ' 14" ; thence Southeasterly, along said curve, an arc distance of 357 . 04 feet to the most Westerly corner of the parcel conveyed to Pacific Gas and Electric Company by deed recorded September 19 , 1980, in Book 7588 Page 189 of Official records as Document No. 90150; thence North 38' 57 ' 13 " East along the Westerly line of said Pacific Gas and Electric Company parcel , a distance of 259 .01 feet to a point on said Northeasterly line of Lots 1029 and 1049, said point being 252. 60 feet Northwesterly of the most Easterly corner of said Lot 1049; thence North 50' 56 ' 21" West, along said Northeasterly line a distance of 383 . 54 feet to the POINT OF BEGINNING. Tract 3686 GSA:dr 0639g/55