Loading...
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 rr 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. �r