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Home My WebLink AboutT-3817 - Agreement/Covenant - 6/27/2006 (2) RECORDED AT REQUEST OF 861111101 1111101 e93A� CENTRAL TIT E COMPANY AT MIN P f V� Pt S2 ,y�,1;:,�;.,.,3 DECO 51986 � �+ FRESNO COUNTY.CALIFORNIA GALEN LARSON,County Recorder FEE E $ BY DEPUTY RECORDER -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P. W. File No. 8396 Development Department UGM No. 250 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND CREATION OF LIEN (Tract No . 3817) RECITALS WHEREAS, Westwood Partners , 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. 3817 , consisting of Fifty-one (51) lots ; and WHEREAS, the Subject Property is subject to UGM Park fees pursuant to Section 12-4 . 509 of the Fresno Municipal Code in the estimated amount of eleven thousand , three hundred twenty-two dollars, and forty-six cents for the following : UGM Neighborhood Park Fee Service Area No. 1 Zone District : R-1-UGM 11. 53 Gross Ac @ $982 .00/Ac = $11, 322 . 46 Total Estimated Amount $11, 322 . 46; 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, 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 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 prior to such time . 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 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 WESTWOOD PARTNERS a Municipal Corporation A General Partnership By L5�� riC- � / LA CHAPELLE CORPORATION George X. Kerber, Director A California Corporation Development Department hX -�--,!�= Dale E. Mesple, President ANDES CORPORATION A California Corporation By Larry Mes; le , Pres dent ATTEST: JACQUELINE L. RYLE City erk I STATE OF ('Aui-oRNIA) SS. COUT1Y OF FRESNO ) On this 4thl.ay of November 19 86 , before me, the undersigned, a Notary Public in and for said County •:sid State, personally appeared TALE E. MESPLE personally known to me to be the President, of IA CIIMFIJ�E CORPORATION and personally appeared IARKY NESPLE personally known to ra-- to be the President of ANDES CORPORATION, the corporations that executed the within instn.-mcnt and known to me to be the persons who executed the within instrument on bel-o if of said corporations, said corporations being kiown to me to be all of the partners of WhSMOD PM`i ERS, the partnership that executed the within instru-ixent, and acknowledged to me that such corporation executed the sari as such partners and that such partnership executed the sarru- c_z_ QpA!, i F nY �U(;LIGCALIFC',N I A t MARIAN MEDLEN yy �; ' CTE. t t•:: N A_Or LIN _ � FRIt:C�� "FI Name typ or printe i' `^4�':0 CGUh'TY '�;.��_+.=�� 1983 Notary Public in and for said County and State � ` D.y Comnassicn Expires;v�ar.4,��.� II CENTRAL TITLE COMPANY 700114-DS Order No. EXHIBIT "A" A PORTION OF LOTS 61 AND 62 OF PERRIN COLONY NO . 2, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE AMENDED MAP THEREOF RECORDED IN VOLUME 4, PAGE 68 OF PLATS , FRESNO COUNTY RECORDS, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 61 ; THENCE NORTH 89 . 07 ' 12" EAST, ALONG THE NORTH LINE OF SAID LOT 61 , A DISTANCE OF 491 .36 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00* 52' 48" EAST A DISTANCE OF 306 ,98 FEET; THENCE SOUTH 12* 23' 00" WEST A DISTANCE OF 143 . 84 FEET; THENCE SOUTH 00' 52' 48" EAST A DISTANCE OF 115. 00 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF TRACT NO . 3351 , ACCORDING TO THE MAP THEREOF RECORDED IN VOL . 41 OF PLATS, AT PAGES 53 AND 54, FRESNO COUNTY RECORDS ; THENCE NORTH 89* 07 ' 12" EAST, ALONG SAID NORTH LINE OF TRACT NO. 3351 , A DISTANCE OF 73 .69 FEET, TO THE NORTHEAST CORNER OF LOT 31 OF SAID TRACT NO . 3351 , THENCE ALONG THE EASTERLY BOUNDARY OF SAID TRACT NO. 3351 , THE FOLLOWING COURSES : (1 . ) SOUTH 00' 22' 32" EAST, A DISTANCE OF 100 . 00 FEET, (2 . ) NORTH 89* 07' 12" EAST, A DISTANCE OF 10. 00 FEET, (3. ) SOUTH 00* 22' 32" EAST, , A DISTANCE OF 160 .00 FEET, (4. ) NORTH 89* 07' 12" EAST, A DISTANCE OF 45. 00 FEET, (5. ) SOUTH 00* 22' 32" EAST, A DISTANCE OF 308 .25 FEET, (6. ) ALONG THE ARC OF NON-TANGENT CURVE CONCAVE NORTHWESTERLY, WITH RADIUS POINT BEARING SOUTH 01 * 03' 02" EAST, A RADIUS OF 220 . 00 FEET, A CENTRAL ANGLE OF 01 ' 57' : 04", AND AN ARC LENGTH OF 7. 49 FEET, (7 . ) SOUTH 03* 00' 07" EAST, A DISTANCE OF 160 .27 FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 62 WHICH BEARS NORTH 89* 10' 38" EAST, A DISTANCE OF 606 .83 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 62; THENCE NORTH 89* 10' 38" EAST A DISTANCE OF 230 . 09 FEET, TO A POINT ON THE CENTERLINE OF THE ENTERPRISE CANAL; THENCE NORTH 32' 36' 41" EAST, ALONG SAID CENTEkLINE, A DISTANCE OF 791 . 40 FEET , TO A POINT ON THE SOUTH LINE OF SAID LOT 61 ; THENCE NORTH 89* 08 ' 55" EAST, ALONG SAID SOUTH LINE , A DISTANCE OF 18 . 45 FEET, TO THE SOUTHEAST CORNER OF SAID LOT 61 ; THENCE NORTH 00* 23' 26" WEST, ALONG THE EAST LINE OF SAID LOT 61 , A DISTANCE OF 630 . 47 FEET TO THE NORTHEAST CORNER OF SAID LOT 61 ; THENCE SOUTH 89* 07' 12" WEST, ALONG THE NORTH LINE OF SAID LOT 61 , A DISTANCE OF 794 . 74 FEET TO THE TRUE POINT OF BEGINNING . EXHIBIT "A" CONTINUED . EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN THE BOUNDARIES OF TRACT NO. 3669, RECORDED IN VOLUME 43, PAGES 1 AND 2 OF PLATS . ALSO EXCEPTING THAT PORTION OF SAID LAND LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY: COMMENCING AT THE NORTHWEST CORNER OF LOT 62 OF SAID PERRIN COLONY NO . 2; THENCE NORTH 89* 08' 55" EAST, ALONG THE NORTH LINE OF SAID LOT 62, A DISTANCE OF 1267 .82 FEET, TO A POINT ON THE CENTERLINE OF THE ENTERPRISE CANAL, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 32' 36' 41" WEST, ALONG THE CENTERLINE OF SAID ENTERPRISE CANAL, A DISTANCE OF 791 .40 FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 62; THENCE NORTH 89' 10' 38" EAST, ALONG THE SOUTH LINE OF SAID LOT 62, A DISTANCE OF 449. 52 FEET, TO THE SOUTHEAST CORNER OF SAID LOT 62; THENCE NORTH 00* 23' 26" WEST ALONG THE EAST LINE OF SAID LOT 62, A DISTANCE OF 660. 47 FEET, TO THE TRUE POINT OF BEGINNING . -