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Home My WebLink AboutT-3792 - Agreement/Covenant - 6/30/2006 (3) • RECCRpEL.+i iQ.4.:�.xt Ur 93000920 CNTM AT N PAgT M CITY OF FRESNO DEVEI.o NWNT DE PAATMElff JAN 0 5 1993 26M Frio Stmt FRESNO CA 9=1-36" FRESW Gkpxv i i.-P-.r%AV" WILLIAM C.GREENWOOD.County PLEASE CONFORM `�� BY OEPtTTV R S -------------------ABOVE TFACE FOR RECORDER'S U --------------- P.W. File No. 8639 Development Department UGM No. 208 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN Tract No. 3792 A Planned Development RECITALS WHEREAS, RIVERVIEW ESTATES, a General 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 . 3792 , consisting of Twelve ( 12 ) lots and Two (2) outlots ; 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 Fire Station and Park fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno Statement of Covenants Tract No . 3792/UGM 208 A Planned Development Page 2 Municipal Code in the estimated amount of Four Thousand Seven Hundred Eighteen and 08/100 Dollars ($4 , 7180 . 8) for the following: UGM Fire Station Fee Service Area No . 2 Zone District: R-1-C/UGM 6 . 08 Gross Ac @ $278. 00/Ac - $1, 690 .24 UGM Neighborhood Park Fee Service Area No. 6 Zone District : R-1-C/UGM 6 . 08 Gross Ac @ $498 . 00/Ac s $3 , 027. 84 Total Estimated Amount $4 , 718 . 08; 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 Fire Station and 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 Covenantor ' s Final Tract Map upon the Subject Property, as referred to hereinabove , Covenantor hereby covenants as follows : 1 . All UGM Fire Station and 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. Statement of Covenants Tract No . 3792/UGM 208 A Planned Development Page 3 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 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 r 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 . Statement of Covenants Tract No . 3792/UGM 208 A Planned Development Page 4 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: /? /992 COVENANTOR RIVERVIEW ESTATES CITY OF FRESNO, A General Partnership a Municipal Cor ration By: Bargin Homes, a California Corporation, Partner By Alvin P . Solis, Director Development Department By: -Victor R ovsky APPROVED AS TO FORM: President DA CANTU-MONTOY By: Better Homes, a California A orne Corporation, Partner By ►Z e ty By: ' Ctanle L. Spo r ident (Attach Notary Acknowledgment) w STATE OF CALIFORNIA ZCOUNTY OF FRESNO } S.S. g , J On October 22 , 1992 before me, ANGELA J . BROWN Y a Notary Public in and for said County and State,personally appeared FOR NOTARY SEAL OR STAMP $ VTCTOR R07.NOV9KV Anti STANLEY SPANO LL personally known to me(or proved to me on the basis of satisfactory cc W evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by histher/their OFF1C)AL SFX signatures)on the instrument the person(s),or the entity upon behalf ��p&�EOI� of which the person(s)acted, executed the instrument. • pRW40pAL OFFICE W FRESNO COUNTY . WITNESS my hand d official seal pryCwmssimEm.Nw.16,1992 Signature F 2492(5.91) Statement of Covenants Tract No. 3792/UGM 208 A Planned Development Page 5 : CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On this day of in the year before men,f1t personally appeared personally known to me (or proved to me on the basis 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 City Clerk By Deputy RL:crm LAND257/+4142 GL2 L25 or L27 and L29 EXHIBIT A The Subject Property referred to in these covenants is situated in the State of California, County of Fresno, City of Fresno, and is described as follows : ` That portion of Lot 38 of Tract No . 3594 , according to the map thereof recorded in Volume 44 Pages 73 through 75, of Plats, Fresno County Records, together with that portion of Parcel "C" of Parcel Map No . 79-16 , recorded in Book 31 Pages 87 through 98, of Parcel Maps , Fresno County Records, in the City of Fresno, described as follows : COMMENCING at the Southwest corner of said Lot 38 , thence South 27' 24 ' 10" West , a distance of 10 . 17 feet to the TRUE POINT OF BEGINNING; thence South 720 58 ' 56" East, a distance of 196 .02 feet; thence North 26' 42 ' 46" East, a distance of 55 . 29 feet to the beginning of a 50 .00 foot non-tangent curve, concave to the Northeast, a radial to said beginning bears South 78' 56 ' 40" West; thence Southeasterly, along said curve, through a central angle of 450 11 ' 22" an arc distance of 39 .44 feet; thence tangent to said curve, South 56' 14 ' 42" East,' a distance of 348 . 68 feet; thence South 220 26 ' 46" East , a distance of 11 . 63 feet to the beginning of a 542 . 00 foot non-tangent curve, concave to the East, a radial to said beginning bears North 790 01 ' 02" West ; thence Southernly, along said curve, through a central angle of 08' 38 ' 27" , an arc distance of 81 . 74 feet; thence tangent to said curve, South 02' 20 ' 31" West, a distance of 116 . 89 feet; thence North 870 55 ' 51" West, a distance of 50 . 00 feet; thence South 020 20 ' 31" West, a distance of 70 . 00 feet; thence North 87' 55 ' 51" West, a distance of 97 . 13 feet to the beginning of a 758 . 00 foot tangent curve, concave to the North; thence Westerly along said curve through a central angle of 11' 58 ' 14" , an arc distance of 158 . 37 feet; thence tangent to said curve, North 75' 57 ' 37" West , a distance of 341 . 14 feet ; thence North 06' 18 ' 23" East , a distance of 209 . 04 feet, thence North 270 24 ' 10" East , a distance of 218 . 86 feet to the TRUE POINT OF BEGINNING. RL:crm LAND257/+4142 i