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Home My WebLink AboutT-3771 - Agreement/Covenant - 7/3/2006 (2) • KC1.V<Utd H 1 KttrUt�1 Ut �/ " RAFFCO Tio e TyYLr .......................... AT...-...MIN. PAST.:,s.�../V� Clt} Clark,Fresno, California JUL 18 1986 N4 L'3e-130vt. Code 6103 �erirn to City Clerk,Fresno FRESNO COUNTY, CALIFORNIA 1 GALEEN, LARSON, County Recorder A��w`t.� • FEE _ �G�:��cGt �GtiL DEPUTY RECOkUER -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- Tract No. 3771 Development Department UGM No . 172 City of Fresno - STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN (Tract No. 3771) 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. 3771, consisting of sixty (60) 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 estimated amount of Thirty-Two Thousand Seven Hundred Seven and 72/100 ($32 ,707 .72) for the following: UGM Fire Station Fee Service Area No. 2 Zone District : R-1/UGM 15 .74 Gross -Ac @ $278 .00/Ac = $4 , 375 . 72 UGM Neighborhood Park Fee Service Area No . 6 Zone District: R-1/UGM 15 .74 Gross Ac @ $1 . 800.00/Ac = $28, 332 . 00 Total Estimated Amount $32,707 .72 ; 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 and 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 . whichever occurs first . k)b- �� S 1.3 JI The provisions of this Statement shall be deemed independent and l 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 . l DATED: Accepted by: COVENANTOR CITY OF FRESNO CDSPEN, a Joint Venture a Municipal Corporation /� CDS Properties Services , Inc . By a. a California Corporation, George X. Kerber , Director Joint Ventur Development Department ATT:'ST: BY JACQUELINE L. RYLE / City Clerk By /l 'A By �LCn,Cti `�� Lc1�ec�, PENSTAR, a California Corporation Deputy Joint Ventur APPROVED AS TO FORM: By w C.. ✓ JAMES A. MCKELVEY City Attorney By By A Deputy (Attach Notary Acknowledgement) GSA: ems 5337g/126 STATE OF CALIFORNIA SS. COUNTY OF FRESNO )) On May 12 19 86 before me, a Notary Public in and for said County and j State, personally appeared THOMAS G. RICHARDS, personally known to me to be the PRESIDENT of PENSTAR, A CALIFORNIA CORPORATION, i 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 i 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 I 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 JoinZary ex cuted the same. -- Publ Leta M. Ciavaglia LJ CALIFORNIA `iv commission ExCuas Jun.20,1909 1 -3- r; ® SAFECD TITLE INSURANCE z x 1118 r x 377751 DESCRIPTION DESCRIPTION That portion of Lots 20, 21, 22 and 23 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 the Northwest corner of said Lot 20; thence South 89° 20' 55" East, along the North line of said Lots 20, 21, 22 and 23, a distance of 1292.37 feet to the Northwest corner of Lot 35 of Tract No. 3660, Craycroft Village No. 2, according to the map thereof recorded in Volume 43 Page 13 of Plats, Fresno County Records; thence along the Westerly and Northerly boundary of said Tract No. 3660, the following courses ; South 00° 39 ' 05" West a distance of 165.00 feet; thence South 070 28' 19" West a distance of 48.02 feet; thence South 160 43 ' 29" 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 are 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 120 03 ' 43" West a distance of 90.00 feet; thence South 010 03' 16" West a distance of 146.00 feet to the Northwest corner of Lot 43 of said Tract No. 3660, thence leaving said boundary of Tract No. 3660, North 880 56' 44" West a distance of 98.60 feet; thence South 460 03 ' 16" West a distance of 9.05 feet; thence North 880 56' 44" West a distance 56.00 feet; thence North 010 03 ' 16" East a distance of 39.66 feet; thence North 880 56' 44" West a distance of 105.00 feet ; thence North 01° 03 ' 16" East a distance of 74. 26 feet; thence North 890 20' 55" West, parallel with the North line of said Lots 20, 21, 22 and 23 of Bullard Lands .Irrigated Subdivision No. 1, a distance of 275.00 feet; thence South 880 48' 53" West a distance of 124. 10 feet; thence North 880 56' 44" West a distance of 275.00 feet to a point on the West line of said Lot 20 of Bullard Lands Irrigated Subdivision No. 1; thence North 010 03 ' 16" East, along the West side of said Lot 20, a distance of 534.06 feet to the point of beginning.