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HomeMy WebLinkAboutT-3774 - Agreement/Covenant - 7/3/2006 (2) r RECORDED AT R60UEST OF (p �'• ., . �r �r� girl,. 1•afw (.� 862 X3 ATI.-MIN P ST M CT 2 31986 RrCurafi�;y tG,4UO3fi;D V FRESNO COUNTY.CALIFORNIA Citic Cierk,Fresno, California GALEN LARSON,County Recorder No Fee.- ovt.Coag 6103 FEE -- Rsraer to City Clerk,Fresno f BY DEPUTY RECORDER --------------- ----SPACE ABOVE FOR RECORDER ' S USE------------------- P.W. No. 8320 Development Department UGM No. 172 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION AND CREATION OF LIEN (Tract No. 3774) (CRAYCROFT VILLAGE NO. 4) RECITALS WHEREAS . CDSPEN, A Joint Venture, composed of CDS Properties Services, Inc. , A California Corporation and Penstar, A California Corporation, 4955 E. Anderson, Suite 123 , Fresno, CA 93727, 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. 3774 , consisting of sixty-one (61) lots; and WHEREAS, the Subject Property is subject to UGM Park, Fire fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno Municipal Code and Resolution No. 83-40 in the estimated amount of Thirty-Four Thousand, Fifty-Eight and 42/100 Dollars ($34 ,058 . 42) for the . following: UGM Fire Station Fee s Service Area No. 2 Zone District : R-1-UGM 16 . 39 Gross Ac @ $278 .00/Ac = $4 , 556 .42 UGM Neighborhood Park Fee Service Area No. 6 Zone District : R-1-UGM 16 . 39 Gross Ac @ $1. 800.00/Ac = $29 , 502 .00 Total Estimated Amount $34 ,058 . 42; 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, whichever occurs first. 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 and 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. 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 a 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. - 2 a�. �j6"A.02""1I'l5 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 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 CDSPEN, A Joint Venture r a Municipal Corporation CDS Properties Services, Inc. ; " By Q. A California Corporation George A. Kerber, Director Joint Venturer Development Department ATTEST: By JACQUELINE L. RYLE ' City Clerk By By Penstar, A California Corporation Deputy Joint Ventur APPROVED AS TO FORM: \ By�4UU ,JAMES A. McKELVEY .City Attorney I•i By ( , Byall�l Deputy (Attach Notary Acknowledgment) MIW:ems - 6829g/152 NOTARY PUBLIC FRES'JO COUNTY. CALIFORNIA LL STATE OF CALIFORNIA ) My Commission Expires Jun.20.19S9 COUNTY OF FRESNO 3 SS. On SentPmhPr S 19 RF before me, a Notary Public in and for said County and State, Personally appearedTATi�OMAS G. RICHAROS, personally known to me to be the PRESIDENT of PENSTAR, A CALIFORNIA CORPORATION, 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 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 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 Joint �vture exec ted the same, ary Publ'c Leta N. Ciavaglla M SAFEC© CE Q J►ti, i� �5 378362 . � DE5(:RIPTION PaRe i DESCRIPTION That portion of Lots 20, 21 and 22 of Bullard Lands Irrigated Subdivision No. I in Section 5, Township 13 South, Range 20 East , Mount Diablo Base and Meridian according to the sap thereof recorded in Book 9. P �e 2 of Record of Surveys, Fresno County Records, and bring more partleularly,�deseribed as follows: beginning at s point on the West line of said Lot 20 which lies South 01' 03' 16' West a distance of 534.06 feet fros the Northvest corner of said Lot 20; thence South 88 56' 44' East a distance of 275.00 feet; tbence North 88' 48' 53" East a distance of 124. 10 feet; thence South 89' 20' 55' fast a distance of 275.00 feet; thenco South 01' 03' 16' West a distance of 74.26 feet; thence South 88' 56' 44' east a distance of 105.00 feet; iSebce South 01' 03' I6' West a distance of 39.66 feet ; thence South 88' 56' 44' East a distancd of 56.00 feet; thence North 4b' 03' 16' last a distance of 9.05 feet; thence Souch 88' 56' 44` East a distance of 98.60 feet to the Northwest corner of Lot 43 of Tract No. 3660, Craycroft Village No. 2 according to the sap thereof recorded in Volume 43, Page 13 of Plats, Fresno County Records; thence along the Westerly boundary of Lots 43 through 5.0 of said Tract tio. 3660 and along the Southerly prolongation of the hest line of said Loot 50. South 01' 03' 16' West a distance of 633.00 feet to a point on the South line of said Lot 22 of Bullard Lands Irrigated Subdivision No. 1: thence forth 89' 23' 48' West, along the South line of said Lots 20, 21 . and 22, a distance of 94U.03 fent to the Southwest corner of said Lot 20; thence North 01' 03' 16' East along the West line of said Lot 20 a distance of 741.13 feet to the point of beginning. l r a, >. o o E4 C C 4+ ,C ., 4 .c c c ro a z — O C 4-1 r1 3 v O C O O " .0 1-4 •4 ro r0 r0 •r, 41 41 C O 41 ij O C d C •.441 Xh ••i roh O > O N ro U +j 3 �+ O N O N W W E C C a a U E v CL d a d a ,4 y W a a a ,, ON „ � c0N C) 1+ GJ O 1-1 W row 41 U S•+ O (D D U a O 4) C •.4 r0 a' O u) t ro •.� 44 4.) a) � > ro w a s c a� ro E .,, o,ij $4 U ami a 4+ w 41 O d C r0 C O N ro O N o41 v w 41 .4 1a EUw a C � U• '+ O r1 O U 41 to 71.1 R-4 ON r--1 N C U X (roj U C N y 4! a U C n, w �+ x C w ` O w ,o . % � v ro w 41 m E 1' to w d Ca A ri •'4 t 41 C •'� O C t N Q to ro C N U .4 W 41 ri z U) a O ?• roz • 3 O wig 41 ►•+ C w U CL U U u) rJ 4� w r3 o n 44 w • O r1 % w c O d v t O ya N A X N 1 H C w roc > 3 UE 10 ro CL 41 N "" 41 S.+ � O N to Q a y a ro C N ro CC N � d 41 A w C U N 41 r0 a O tro wC tX O •r� rot° t C z 4+ O O 6.3tn L W 41 W h t i ^ ,l :ar ro j .N 3 W "' "1 w O ro N +j +� a .] Q •.�, co ro U CL ro O U y'Cj O U fA - E+ t O 1+ .0 u `n 4 �acn ijCzo0c Ajijx w e� a a 0 r0 t r0 °' $4 .O° 4 0) r0 O H - >4 O N S+ 41 u ro W E- 3+ ro C a V r1 E O w a a E- z d u 0 U L O H 4J U 4J Q 10 a ro a, U N Z N a c E- O c a4) Xwt a O Ow C x U) U a O E a O iJ N W iJ > •., a, > : Z ` �', RECORDED AT REOUEST Or 6AFECO Tine I= Cb ' A':::�-MIN PA M s 1986 ►: �r1;nr�lc-4{43#'ucl by FRESNO COUNTY,CALIFORNIA iark,Fresno, California GALEN LARSON.County Recorder :4+: =4s-Govt. Ccdaa 6103 FSE awrn to City Clark, Fresno ] , 9Y DEPUTY RECORDER -------------------ABOVE SPACE FOR RECORDER' S USE------------------- P.W. No. 8320 Development Department UGM No. 172 City of Fresno COVENANT (Landscape Strip and Fence Placement) Tract No. 3774 CRAYCROFT VILLAGE NO. 4 WHEREAS, CDSPEN, A Joint Venture, composed of CDS Properties Services, Inc . , A California Corporation and Penstar, A California Corporation, 4955 E. Anderson, Suite 123 , Fresno, CA 93727, hereinafter referred to as "Covenantor , " is the owner of the real property situated in the City of Fresno, Fresno County, California, described as follows : Lots 9, 10, 27, 28 , 45, 46 and 61, inclusive, of Tract No. 3774 ,. according to th� p thereof recorded in Volume . Pages of Plats , in the office of the County Reco der of said County. WHEREAS, Covenantor is required by the City as a condition of final map approval to install landscaping and an irrigation system in a landscape strip along West Sierra Avenue; and WHEREAS, Resolution No. 86-11 of the Council of the City of Fresno conditionally approved Tentative Tract No. 3774; and WHEREAS, said resolution requires that a landscaping and . irrigation system be installed by the developer in the landscape strip of each of these lots prior to occupancy of the home to be built and that the maintenance of said landscaping shall be the responsibility of the owner of each of the lots: and WHEREAS, the placement of the side yard fence shall be at the rear of the landscape strip. NOW, THEREFORE, it is agreed : 1. In consideration of the foregoing and the approval of the final subdivision map for Tract No . 3774 by the City of Fresno, the undersigned hereby covenants, promises and agrees with the City of Fresno for the benefit of said City that: WOW- I STATE OF CALIFORNIA ) 861`'''T I'"!`� ss. COUNTY OF SAN DIEGO ) On this 10th day of September 1986, before me, the undersigned, a notary public in and for said state, personally appeared STEVEN L. BLACK, 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 Executive Vice President of CDS PROPERTIES SERVICES, INC. , a California Corporation, the corporation therein named, and acknowledged to me that such Corporation executed the within instrument pursuant to a resolution of its board of directors, said Corporation known to me to be one of the Joint Venturers of 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 Joint Venture executed the same. WITNESS my hand and official seal . - Notary PubLic �. State of California : 33 //1 fir, . P.OTA.RY PUBLIC FRESNO COUNTY, CALIFORNIA ?y G2 �'1•l+J' / My Commission Expires1un.110,1989 STATE Of CALIFORNIA 1 SS. COUNTY Of FRESNO_ i On SEPTEMBER 5 _ 19 $6 before me, a Notary Public 1n and for said County and State. persona u appeared THOMAS G. RICHARDS, personally known to me to be the PRESIDENT of PENSTAR, A CALIFORNIA CORPORATION. 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 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 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 Joint Ve t re Aexmeoed th same. ary Leta M. Ciavaglia r� y 1. 1 Said landscaping and irrrigation in the 5 foot landscape strip shall be installed by the developer of each of these lots prior to occupancy of the homes to be built on the lots . Maintenance of the required landscape strip shall be the responsibility of the owner of each of the lots . 1. 2 Said side yard fences placed in the side yard area at said lots shall be installed at the rear of the landscape strip. 2. It is the intention hereof that this document shall constitute a covenant in favor of the City of Fresno and shall run with the land and be binding upon the undersigned , its grantees, heirs, and successors and assigns . 3 . The Covenant shall be released and of no further effect upon a written determination by the Director of the Development Department of the City of Fresno that its continued existence and Jenforcement are no longer necessary. DATED this �� day of J G r +-' , 1986 . Accepted By: COVENANTOR CITY OF FRESNO, CDSPEN, A Joint Venture Municipal Corporation CDS Properties Services, Inc. , ` By A California Corporation, l Georg A. Kerber, Director Joint Venturer Development Department By ATTEST: JACQUELINE L. RYLE By ., Cit erk J PENSTAR, A California Corporation By ( Deputy - .APPROVED AS TO FORM: B _ y /' ',JAMES A. McKELVEY City Attgrney i By T' Depu (Attach Notary Acknowledgements) MIW: ems 6837g/152 2 -