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HomeMy WebLinkAboutT-3781 - Agreement/Covenant - 7/5/2006 (2) ILKORDID AT RLQUUT OF CHIC Tli1.E , AT ...MIN. PAST.. :M 89083974 AUG 0 81989 FRESNO COUNTY.Chl1►UNNIA GALEN LARSON.County Recorder FEE s PLEASE CONFORM BY DEPUTY RECORDER -------------------SPACE ABOVE FOR RECORDER'S USE------------------- P.W. File No. 8615 Development Department UGM No. 300 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 3781 Phase 1 of Tentative Tract No. 3781 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. 3781, consisting of Forty-Nine (49) lots; and WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument; and WHEREAS, all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and WHEREAS, the Subject Property is subject to UGM Park fees pursuant to Section 12-4 . 509 of the Fresno Municipal Code in the d Statment of Covenant-Tract 3781 Page 2 estimated amount of Twenty Nine Thousand One Hundred Ninety Four and 20/00 , Dollars ($29, 194 . 20) for the following: UGM Neighborhood Park Fee Service Area No. 6 Zone District: R-1-C/UGM 22 .05 Gross Ac @ $1, 324 .00/Ac = $29, 194 . 20 Total Estimated Amount $29, 194 .20; 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 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 Covenantors Final Tract Map upon the Subject Property, as referred to hereinabove, Covenantor hereby covenants as follows: 1. All UGM Park 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 . Statment of Covenant-Tract 3781 Page 3 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 transferable 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 . 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 . Statment of Covenant-Tract 3781 Page 4 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: J,f,4 2(i� �4 Accepted by: COVENANTOR CITY OF FRESNO RIVERVIEW ESTATES, a Partnership a Municipal Corporation BLCalifor N HOMES, INC. , By a Corpo ion Partner Georg A. Kerber, Director Development Department B Victor Rozno sky, Presid BETTER HOMES, INC. , APPROVED AS TO FORM: a Cal' or is Corpo ' on, Partner HARVEY WALLACE By/ ": -14 z:.-::��/ City Attorney Stanley L pe- r6, President By Z i� 7) Depu (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On this day of in the year before me ersoaally a eared , personally known to me (or proved to me on the baos- of satisfactory evidence) to be the person who executed this instrument as Director of the Development Department and acknowledged to me that the City of Fresno executed it. JACQUELINE L. RYLE. CMC City Clerk y a ^ �• c� Deputy LR: jjw 1476D/522 07/10/89 i* STATE OF CALIFORNIA ) ss. COUN'T'Y OF FRESNO before me, the undersigned a Notary Public in and for said State, per onally appeared STANLEY SPANO 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 President of Better Howes, Inc. , the corporation that executed the within instrument on behalf of RIVERVIEW ESTATES, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. OFFICIAL SEAL ANGELA J. BROWN &M) NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN Notary P is in and for said County and State FRESNO COUNTY W Commissim Exp.Nov.16,1992 STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) ��4iSt4ate 8 /� 7before me, the undersigned a Notary Public in and for personally appeared VICEOR ROZNOVSKY 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 President of Bargain Homes, Inc. , the corporation that executed the within instrument on behalf of RIVERVIEW ESTATES, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. OFFICIAL SEAL • ANGELA J. BROWN Not is in an for said County and State NO 'said O.INIa FRESNO COUNTY My Commission Exp.Nov 16. 2jl y Tract No. 378 ► UGM No. Sod P. W. File No; EVOIS SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on �iq'kQV -.--) 7 , 19,e9 , in the office of the Fresno County Recorder in Book , Page (Document No. of which the Deed of Trust in by and between G,,eQ9T ��3TEi+2N /3�x, F��z SIJIIAA6 ,3,*V,e. D �AlEFie�yieyJ `4 as Tutee. 1� I�EJ�I�I�c� ��s a_ �fh2T/�IE�PSt�/O , a• TQ USrok � as , and 6tL/F _ v W1,4 ;f'C AI IIWA7 JCC 00A2PM141-lor1ell , 7;Q US>E6 as __nefi..___Y, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Declaration of Covenants, Conditions, Restrictions and Easements. r� DATED: /Y 19 4— O) SAFECO STATE OF CALIFORNIA TITLE INSURANCE COUNTY OF FRESNO S.S. On this the 18th day of -7111V 19$1.before me, the undersigned, a Notary Public in and for said County and State, FOR NOTARY SEAL OR STAMP personalty appeared T-211TS M_ ARNOLD personally kr S�otme or proved tome on the basis of satisfactory evidence to be the ��coresident,WK OFFICIAL SEAL r- IxcllaA�dbc ANGELA J. BROWN NOTARY PUBLIGCALIFORNIA .1 IOOr1W0870>X74?¢ xWA�A>�SSep6}6pQp[yigt� ppAX PRINCIPAL OFFICE IN v Set poo of the corporation that executed the within FRESNO COUNTY g Instrument on behalf of the corporation therein named, and acknow- IN Carmissic^Exp.Nom 16,1992 ledged to me that such corporation executed the within instrument pursuant to its laws or a resolution of its board of directors. 3 Signature "`� �(y u 9 � t» EXHIBIT "A" 1.. The subject Property referred to in these statement covenants is situated in the State of California , County of Fresno, and is described as follows: A portion of Sections 21 and 28, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, according to the United States Government Township Plat, in the City of Fresno, County of Fresno, State of California, being a portion of Parcel C of Parcel Map No. 76-16, according to the map thereof recorded in Book 31 of Parcel Maps at Pages 87 through 98, Fresno County Records, described as follows: Beginning at the most Northerly corner of Lot 48 of Tract No. 3594, according to the map thereof recorded in Volume 44 of Plats at Pages 73, 74 and 75, Fresno County Records; thence Southwesterly along the centerline of the Old Upper San Joaquin Canal, and along the Northwesterly line of said Tract No. 3594, the following courses: South 450 32' 10' West, a distance of 136'.43 feet; thence South 180 39' 48' West, a distance of 521.21 feet; thence South 35° 21' 41' West, a distance of 169.92 feet; thence South 130 48' 06' West, a distance of 182.29 feet to a point on the West line of the Northeast quarter of the Northwest quarter of said Section 28; thence North 000 02' 01' East, leaving said centerline of the Old Upper San Joaquin Canal and the Northwesterly line of said Tract No. 3594, along the West line of the Northeast quarter of the Northwest quarter of said Section 28; a distance of 935.39 feet to the Northeast corner of the Northwest quarter of the Northwest quarter of said Section 28; thence South 89° 53' 00' East, along the North line of the Northeast quarter of the Northwest quarter of said Section 28, a distance of 435.53 feet to a point on said centerline of the Old Upper San Joaquin Canal, and the Northwesterly line of said Parcel C, thence Northeasterly along said centerline of the Old Upper San Joagin Canal, and along the Northwesterly line of said Parcel C, the following courses: North 450 32' 10' East, a distance of 26.76 feet; thence North 180 01' 11' East, a distance of 239.82 feet; thence North 050 27' 50' East, a distance of 200.28 feet; thence North 240 05' 46' East;. a distance of 400.54 feet; thence North 400 04' 12' East, a distance of 480.52 feet; thence North 600 44' 47' East, a distance of 290.16 feet; thence North 650 20' 17' East, a distance of 116.80 feet to a point on the West right-of-way line of State Route 41 as shown on State of California Department of Transportation Right-of-Way Map No. F-P041 (29) . Sheet 119; thence South 030 52' 57' East, leaving the centerline of the Old Upper San Joaquin Canal and the Northwesterly line of said Parcel C, along said West right-of-way line of State Route 41, a distance of 331.72 feet; thence South 050 42' 36' East, continuing along said West right-of-way line of State Route 41, a distance of 507.50 feet; thence South 870 26' 36' West, leaving said West right-of-way line of State Route 41, a distance of 93.00 feet; thence South 560 31' 51' West, a distance of 98.00 feet; thence South 360 49' 21' West, a distance of 30.64 feet; thence South 260 45' 51' West, a distance of 50.05 feet; thence South 230 07' 45' West, a distance of 50.00 feet; thence North 660 52' 15' West, a distance of 22.53 feet; thence South 070 24 ' 22' West, a distance of 108.63 feet; thence South 030 40' 43' West, a distance of 86.00 feet; thence South 080 04' 58' West, a distance of 89.00 feet; thence South 11' 37' 54' West, a distance of 93.00 feet; thence South 130 39' 17' West, a distance of 92.02 feet; thence South 200 58' 06' West, a distance of 96.00 feet; thence South 260 36' 05' West, a distance of 93.00 feet; thence South 270 59' 28' West, a distance of 94.00 feet to a point on the Northeasterly line of said Tract No. 3594; thence along the Northeasterly line of said Tract No. 3594, the following courses: North 61° 02' 05' West, a distance of 412.13 feet; thence North 160 02' 05' West, a distance of 3.39 feet; thence North 280 57' 55' East, a distance of 1.60 feet; thence North 610 02' 05' West, a distance of 60.00 feet; thence South 28° 57' 55' West, a distance of 5.48 feet to the most Easterly corner of said Lot 48; thence North 630 44' 21' West, along the Northeasterly line of said Lot 48, a distance of 204.21 feet to the point of beginning.