HomeMy WebLinkAboutT-3768 - Agreement/Covenant - 7/3/2006 (3) -------------------SPACE ABOVE FOR RECORDER' S USE-------------------
Tract No. 3768 Development Department
UGM No. 223 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK AND FIRE STATION FEES
AND CREATION OF LIEN
(Tract No. 3768)
RECITALS
WHEREAS, RIVERVIEW ESTATES, a 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. 3768 , consisting of
Eighteen (18) lots ; and
WHEREAS, the Subject Property is subject to UGM Park, Fire
Station Trunk Sewer fees pursuant to Sections 12-4 . 508 and 12-4 . 509
of the Fresno Municipal Code in the estimated amount of Thirteen
Thousand Five Hundred Forty-Nine and 08/100 ($13 , 549 . 08) for the
following:
UGM Fire Station Fee
Service Area No. 2
Zone District : R-1-C/UGM
9 . 37 Gross Ac @ $122 . 00/Ac = $1, 143 . 14
UGM Neighborhood Park Fee
Service Area No. 6
Zone District : R-1-C/UGM
9 . 37 Gross Ac @ $1, 324 .00/Ac = $12 , 405 . 88
Total Estimated Amount $13 , 549 .02 ; 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.
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-
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: 3 /796
Accepted by: COVENANTOR
CITY OF FRESNO RIVERVIEW ESTATES,
a Municipal Cor ation a Partnership
By /,wl BARGAIN HOMES, INC. ,,.Part r
Geo ge A. erber, Director
Development Department
B �f«�r/ >
ATTEST: Victor Roz vsky, Preside t
JACQUELINE L. RYLE BETTE-37 S, INC. , Partner
City Clerl�
By 1`�%� _ '' _1CL!��' (J[ tr'�1;/� By
epuLy t ley pa resident
APPROVED A �Tg FORM:
JAMES A. McKELVEY
City Attorney
By
/ Deputy (Attach Notary Acknowledgement)
MIW:mv CO.
F� FiCr�?�S
5144g/124 a D�
ItJC01iPOR^,TED �kT€OCT. 171960 1&,'9
o rFOR�Aa�
TATE OF CALIFOR.\IA)
MLX1Y Y OF FPXS.NO ) ss
)n this 22nd Day of May 1986 , Before Me, the undersigned, a '_Notary
?ublic in and for said County and State, personally appearedVictor Roznovsky
' personally known to ma (or proved to me on the basis of satis-
factory evidence) to be the President ofBarizain Homes, Inc. , a California
Corporation and Stanley Spano , personally
mom to me (or proved to me on the basis of satisfactory evidence) to be the President
of Better Homes, Inc.o4 California Corporation , the Corporations that
�xcuted the within instrument and personally known to me"(or proved to me on the basis
if satisfactory evidenc(?) to be the persons who executed the within instrument on behalf
A said Corporations, said Corporations being personally known to me (or proved to me on
:he basis of satisfactory evidence) to be two of the Partners of Riverview Estates the
'artnership that executed the Within instrument, and acknowledged to me that such Corp-
)rations executed it as such partners and that such partnership executed it.
OFFICIAL'SEAL
cITS MY IL4'vU 6.�U OFFICI S' r ;:
i . I o f208ER7 C HOLLINGSHEAD
1NOTARY PU6LIC•CALIFORNiA�
>ignature•� 1�E ' l <• '"'- FP,ESNO COUNTY
MY COMM. EXP. APR. 24, 9990
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A PORTIO] OF PARCEL C OF PARCEL MAP NO. 79-16, IN THE CITY OF FRESNO, COUNTY OF
FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 31 OF
PARCEL MAPS, AT PAGES 87 THROUGH 98, FRESNO COUNTY RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF TRACT 3151, RIO VISTA, ACCORDING TO THE
MAP THEREOF RECORDED IN VOLUME 42 OF PLATS AT PAGES 10, 11 AND 12, FRESNO COUNTY
RECORDS, SAID CORNER BEING THE SOUTHWEST CORNER OF LOT 1 OF SAID TRACT 3151;
THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID TRACT 3151; THE
FOLLOWING COURSES: SOUTH 81 DEGREES 13' 04" EAST, A DISTANCE OF 175.76 FEET TO
THE SOU'T'HEAST CORNER OF SAID LOT 1; THENCE SOUTH 81 DEGREES 13 ' 04" EAST, A
DISTANCE OF 19.52 FEET; THENCE NORTH 80 DEGREES 02' 47" EAST, A DISTANCE OF 20.00
FEET TO A POINT CSI A CURVE CONCAVE TO THE NORTHEAST WITH A RADIUS OF 50.00 FEET
(A RADIAL THROUGH SAID POINT BEARS SOUTH 38 DEGREES 08' 48" WEST) SAID POINT
BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 40 DEGREES 15' 38" AND AN ARC LENGTH OF 35.13 FEET TO THE
POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF
45.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CARVE THROUGH A CENTRAL ANGLE OF 25
DEGREES 42' 45" AND AN ARC LENG'T'H OF 20.19 FEET TO THE POINT OF TANGENCY; THENCE
SOUTH 66 DEGREES 24' 05" EAST, A DISTANCE OF 7.04 FEET TO THE POINT OF CURVATURE
OF A CURVE CONCAVE TO THE SOUTHWEST WITH A RADIUS OF 515.00 FEET AND A CENTRAL
ANGLE OF 16 DEGREES 52' 08"; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 12 DEGREES 32' 42" AND AN ARC LENGTH OF 112.76 FEET; THENCE
SOUTH 40 DEGREES 28' 03" WEST, LEAVING THE SOUTHWESTERLY LINE OF SAID TRACT 3151,
A DISTANCE OF 128.53 FEET; THENCE SOUTH 49 DEGREES 31' 57" EAST, A DISTANCE OF
224.00 FEET; THENCE SOUTH 42 DEGREES 03' 27" WEST, A DISTANCE OF 307.95 FEET;
THENCE SOUTH 47 DEGREES 56' 33" EAST, A DISTANCE OF 130.00 FEET TO A POINT CSI THE
NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST AUDUBON DRIVE AS SHOWN ON SAID PARCEL MAP
NO. 79-16; THENCE SOUTH 42 DEGREES 03' 27" WEST, ALONG SAID NORTHWESTERLY
RIGHT-OF-WAY LINE, A DISTANCE OF 80.63 FEET TO THE NON-TANGENT BEGINNING OF A
CURVE CONCAVE TO THE NORTHWEST WITH A RADIUS OF 1958.00 FEET (A RADIAL THROUGH
SAID POINT BEARS SOUTH 47 DEGREES 51' 30" EAST) ; THENCE SOUTHWESTERLY ALONG SAID
CURVE, CONTINUING ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL
ANGLE OF 11 DEGREES 49' 53" AND AN ARC LENGTH OF 404.32 FEET; THENCE SOUTH 53
DEGREES 44' 35" WEST, A DISTANCE OF 71.94 FEET; THENCE NORTH 47 DEGREES 35' 18"
WEST, A DISTANCE OF 289.86 FEET; THENCE NORTH 44 DEGREES 33' 01" WEST, A DISTANCE
OF 142.75 FEET; THENCE NORTH 51 DEGREES 29' 21" EAST, A DISTANCE OF 108.71 FEET
TO A POINT CSI A CURVE CONCAVE SOUTHEASTERLY WITH A RADIUS OF 50.00 FEET (A RADIAL
THROUGH SAID POINT BEARS SOUTH 42 DEGREES 39' 02" WEST) ; THENCE NORTHERLY AND
EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 139 DEGREES 10' 33" AND AN
ARC LENGTH OF 121.45 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE
NORTHWESTERLY WITH A RADIUS OF 45.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 39 DEGREES 28' 49" AND AN ARC LENGTH OF 31.01 FEET TO
THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE NOMIWEST WITH A RADIUS
OF 1060.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
10 DEGREES 09' 37" AND AN ARC LENGTH OF 187.97 FEET TO THE POINT OF TANGENCY;
THENCE NORTH 42 DEGREES 11' 09" EAST, A DISTANCE OF 135.44 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST WITH A RADIUS OF 730.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20 DEGREES 17'
58" AND AN ARC LENGTH OF 258.63 FEET TO THE POINT OF TANGENCY; THENCE NORTH 21
DEGREES 53' 11" EAST, A DISTANCE OF 83.97 FEET TO A POINT ON THE SOUTH LINE OF
THAT CERTAIN PARCEL OF LAND DEEDED TO THE CITY OF FRESNO CSI MAY 16, 1985, PER
DOCUMENT NUMBER 85048370, RECORDED IN OFFICIAL RECORDS OF FRESNO COUNTY; THENCE
SOUTH 81 DEGREES 13' 04" EAST, ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF
27.47 FEET; THENCE NORTH 80 DEGREES 02' 47" EAST, CONTINUING ALONG THE SOUTH
LINE OF SAID PARCEL, A DISTANCE OF 23.30 FEET; THENCE-NORTH 09 DEGREES 57' 13"
WEST, ALONG THE EASTERLY LINE OF SAID PARCEL, A DISTANCE OF -20.00 FEET TO THE
TRUE POINT OF BEGINNING.
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