HomeMy WebLinkAboutT-3748 - Agreement/Covenant - 6/20/2006 (2) .a
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P.N. lila No. 626S Development Department
VON No. 226 City of Presse
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STATXNWT OF COVENANTS
FOR UON PARR AND PIRR STATION PUS
~ AND CRRATION OP LIEN
(Tract No. 3748) A
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W MEAS. Dividend Development Corporation. A California
Corporation. hereinafter retorted to as *the Coveadntot.• is the
owner of that certain real property in the City of Fresno. County of
Presno. state of California. harainattet referred to as •tbo Subyeet
Property• and more particularly described in attached txhibit W.
said property being further subdivided by the final map of Tract
No. 3748. Consisting of sixty two (62) lots: and
MMURAS. the Subject Property is subject to qct Park and Pit*
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Station Trunk sower fees pursuant to sections 12-4.SOS dad 12-4.M
of the Fresno Municipal Code and Resolution No. 82-40 in the
estimated amount of sigbty Pour Thousand. Three hundred Thirty-six
Dollars and Thirty tour cents $84.334-34 for the following:
i
iiQlf lite Station Pee
Service Area No. IS
zone District: R-i/qct
17.38 dross Ac 0 SGOS.00/Ac • i 10.514.10
VON Nelahborhood lark Pat
Service Area No. 2
Zone District: R-1/UQM
17.35 dross AO 0 $688.00/AC . i 11.9S7.44
1lQI Trnek Sewer Pee
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Service Area - Fowler
Zone District: R-i/UQM
16.28 dross Ac 0 $3.400.00/Ac f 61.664.00
Total Rstivated Amount d 94.33$.14: and
WHEREAS. COvenantOt desires to have a Final Tract Map
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subdividing the Subject Property approved by the City of Presse: amd
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MHSRSAS. Covenantor desires to defer payment of the UM Park and
$ ' Fire Station and Trunk Sever fees until such time that the issuance
of building permits is requested by the Covenantor or his successors z
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and assigns for such construction. or until all or part of the
Subject Property is sold whichever occurs first.
_ A
COVENANTS, CONDITIONS. AND ERSTEICTIONS A
For favorable action on. and approval of. the COYena0tOr's Final p
Tract flap upon the Subject Property. as referred to bereinabove. �
Covenantor hereby covenants as follows: p
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1. All UM Park and Fire Station fees attributable to w
development of Subject Property shall be paid prior to the �!
Issuance by the City of Building Permits for structures to A
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 UM 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 be may have
pursuant to Government Code Section GS961.
Rech 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 meaner 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.
The provisions of this statement .ball be doomed independent and
• sewsabie and the invalidity or partial invalidity or
•
uaeafongeability of any one provision or portion thereof •ball not G
affect the validity or enforceability of any one provisions Nsoof.
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Whenever the contest of the statement so requires. in interpreting
this statement. any gender includes the other Vendors. the singular
Includes the plural. and the plural includes the singular.
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MUD: I�ir �T17�
Accepted by: COIIRI imnve
CITY Or !RlsNO Dividend elopment Corporation
a Usaicipall C;orpo oa A Giito ria rpratioa
By by A.4 Ir 1A
Georg".w. • r. rectos , CE ru
Development Department
ATTWT: By
JACOMINS L. RYLB
City Clerk p a
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Deputy
APPOOM As TO IrMN:
JA A. Nd=V8Y
City Atte
By
Deputy (Attach Notary Acknowledgement)
SM:l
71729/160
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STATE Of CALIFORNIA )
COCM OF FRESNO ) as. OR
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On this 13th day of November in the year 1966 before w to
Elvia Sommerville personally appeared Al Solis
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personally known to sis (or proved to se on the basis of satisfactory evidence)
to be the person who executed this instrussnt as Asst. Development Director
of the City of Fresno and acknowledged to se that the City of
Fresno executed it.
JACQUELINE L. RYLE, CNC
City Clerk
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pl y 4
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8tAl1<OR :z Aaw C AI1' OC RM, Ob this lA dopy of--act—
COUNff QR buin the J^6ne mo
a Notary Public, a y ali
and sworn.Mwns//y
AR110, (Ar proved to me on the basis of wasfactory
eridssa)to be the porion whose name
subseribad to the within inrtrunwnt, and acknowladjed to me
aMRA CLAM OOINM that he asecus d tlw same.
O ftne"Mrs il)M IE M iN K7TNM WE I w hwM hand and a1ll:ad
n4/' in County of
zv
ah the to set Kvth above
in this certineste.
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-1-r W-►...w...�rr.r r ,.A r.r�.,�,.r Notary Publ' &a of California
My commission expires
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Order No.FR178079 S (4341 Z
DESCRIPTION O
Ttne real PCCPettY situatm: in the Fresno Irrigation District, A
County of Fresno, State of California, and is dsecribed as follows:
FARM 1: That Portion of Section 3, Township 14 South, Range 21 East,
Pablo some and Meridian, acowding to the United States Govern-
aent Township Plat, 00M Particularly described as follows
at the Northwest corner of the Scuthest quarter of Northwest q=er hof
maid Section 3, said Point bei,;g South, a distance of 1214.23 feet frac
the Noctlwast comer of said Sectio; 3; thence East along the North line
of the Sonthest quarter of the Northwest quarter of said Section 3, a
distance of 1323.63 feet to the East line of the Southwest quarter of
the North+emt *Wtw of said Section 3; Ummm South 00. 03' 55" west
slag said Qast line, a distance of 727.00 feet; thence South 89. 58'
30" W" a distance of 1322.83 feet to a point on the West line of the
Southwest quarter of the Northwat quarter of said Section 3; thence
Nacth along said Nest line of said Sectio: 3, a distance of 727.59 feet
to the point of beginning.
Fes. 2' "W Rath rest quarter of the Northwest quarter of Section 3,
:gyp 14
WR South, Range 21 Fast, !bunt Diablo ease and Neridian,
EMM" that portion lyi,;g South of Fancher Creek, more particularly
described as followsn Beginning at the Southwest corner of said South+wet quarter of the Northwest quarter; thence North along the west line
Of said Southwest quarter of the Northwest quarter a distance of 160
feet to the omterilm of Fa ChW Creek as now located; thence Easterly
Along the I1-terlim of said Fancher Creek as now located, to the But
lien of said Southwest quarter of Ncrthwat quarter (the centerline of
Fancher Creels is Pc+esanilY surveyed and shown an this map as having the
follmdM thence South855 •ce451 000' t
East,Oadistance of 251i7� of 28.70 feet;
them South
78. 00' 00" East, a distance of 135.17 feet; thence North 83. 45' 00"
Fast, a distance of 295.13 feet; thence North 720 05' 00" East, a
distance of 77.87 feet; than= North 89. 30' 00" East, a distance of
45.16 feet; thence South 73. 35' 00" East, a distance of 212.44 feet;
thane South 84. 08' 00" East, a distance of 67.89 feet; thence North
72. 46' 00" East, a distance of 33.92 feet; thence North 66. 25' 00"
East, a distance of 119.52 feet; thence South 731 00' 00" East, a
distance of 27.46 feet; thence North 74. 30' 00" East, a distance of
60.801; thence South along the East lice of said Parcel a distance of
148 feet to the Southeast owner of said Southwest quarter of Northwest
quarter; thence west to the point of beginning,
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Order No.h?'R178079 S [434)
` xjO =CUT= UMOn k that portion of acid Scudseat quarter of the 0
Northwest quarter lying North of the oentarline of Fanchor Creak,
bounded and daeedbed as follane: Beginning at a point an the West line w-
°+ of the Nacd - I quarter of said Section, distant thereon 160 fest Forth
frits the Boudeast caner of the Ward, -t quarter of said Section 3, 1A
F; said point of bsginninq being also the ceetsorlim of ranch ac Creek;
rasing them Nat!► alaq the Meet liar of the Northwest quarter of
said sectio: 3, a distance of 166 feett thence South 85 dagrw 45
a�tn "s, 00 seoads Mast is distance of 130 feet; thence South parallel
^" with Meet line of -ImrH sI quarter of said Section 3, a distance of 168
feet to a point an the canter line of Fischer Creek; thence Westerly
abong said mater line 130 feet to the paint of beginning.
7Y; AND ! ZNCIPr= TACIOrM that portion thszvof described as
follows: Beginning at the Mast quartet' coa7rr of said Section 3; thence
Notch, along the West line of said Southwest quarter of the Northwest
quarter of Section 3, a distance of 160.00 feet to the canter line of
EindreI Creek; thenos South 85 degrees 45 minutes 00 seconds East, along
Gold oenterlins of leacher Creek, a distance of 130.00 feet to the true
point of bs#m4ng; thence continuing South 85 degrees 45 minutes 00
seconds Mast, alaq said centerline of rancher Creek, a distance of
05.45 fest; thence Noclb parallsl with the Meat line of said Southwest
quarter of the Notthest quarter of Section 3, a distance of 168.00
4 fest; thence or , 85 dgrws 45 minutes 00 sscardn Met, a distance of
155.45 feet; thence South A distance of 168.00 feet to the teas point of
AND PUNS= SOCEP= 'tel that portion thereof described as
follow: Oa land at the Northwest c— - v of the Southwest quarter of
the Nortleest quarter of said Section 3, said point being South, a
distance of 1214.23 fast ls+oe the ItoealwesI car= of said Section 3;
th- P But along the North line of the Southwest quarter of the North-
wast quarter of said Section 3, a distance of 1323.63 feet to the Fast
line of the South a t quarter of the Noethweit quarter of said Section
3; hence South 00 4o 03 minutes 55 sscox 4 West along said But
litre, a distance of 727.00 feet; thence south 89 degrees 58 minutes 30
aeoads Met, a distance of 1322.83 feet to a point an the Meet lire of
the Southeast quarter of the Northwest quarter of said Section 3; thence
North along said West line of said Section 3, a distance of 727.59 feat
to the point of beginning.
. . . . . . . . . . . . . . .
Note: No known matters otherwise appropriate to be sham have
been deleted from this report, which is not a policy of title insurance
but a report to facilitate the issuance of a policy of title insurance.
Note: Par purposes of policy issuance, no itess may be
eliminated an the basis of an indemnity aIrewarent or other agreemnt
satisfactory to the caspanny as insurer.
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