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Home My WebLink AboutT-3818 - Agreement/Covenant - 6/27/2006 (2) RECORDED AT REQUEST OF ri i ,,fi�rr t AT....... MIN. PAST "11 81-910795--19 JUIN 2 91987 FRESNO C0;)NTY, CALIFORNIA GALEN LARSON, CO�RtY ^^torde� �rz,2C�EC00c',m,�t FES ----------SPACE ABOVE FOR RECORDER ' S UgEzWWW-ffC-J";- $----- - Tract No. 3818 Development Department UGM No . 252 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN (Tract No. 3818) 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. 3818, consisting of One Hundred Five (105) 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 Twenty-Four Thousand Three Hundred Seventeen and 40/100 Dollars ($24 , 317 .40) for the following: UGM Neighborhood Park Fee Service Area No . 1 Zone District : R-1/UGM 23 . 66 Gross Ac @ $982 . 00/Ac = $23 , 234 . 12 Zone District : R-2/UGM 0. 44 Gross Ac @ $2, 462 .00/Ac = $1,083 . 28 Total Estimated Amount $24 , 317 .40; 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 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 . 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 trans-'-' -,rable 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 . -2- S'i'A'1 F OF C.'�I,li�t�K?SIA ) ,� 0)1;NTY OF t �S On this lst Gay of June 19 87 before r;e , the undersigned , a 'Notary Public in and for said County and State, p+_rsonally appeared DALE E. 14}SPLE wi-,o proved to i.-,,e on the L-Psis of satisfactory evidence \'to be the President and Secretary of LA C]'APELLE CORPORATION and personally appe,-�red LARRY 1,rSPLE , who proved to be on the basis of satisfactory evidence to be the President and S -cretary of ANDES CORPO'?A1'IONY the corporations that executed the ,,,ithi_n instrument :=nd :, �.vn to r-,e to be tI--e persons who exec,ited the within instru�� -nt on behalf of -aid Corpo-,-atir,ns , said Corporations being known to me to be all of cine partners of ;":j�'.STWOOD PARTNERS , the partnership that r_ xrcuted t-he within instru-:,�ent and acknowledged to me that such corporation exc-cuted the saMe as such partners and that such parte rship c>:ecuted the same. J. Ellinghouse — P�ame Notary Public in and for 1� :" '`` `''Fi 't` �;'.-ta0 COUNT" I� said County and State. P,'"ycornmissonExpires Aug.21. 1981; r' 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 4//. LA CHAPELLE CORPORATION, GeorgCW A. Kerber, Director a California Corporation, Development Department General Partner ' ATTEST: By � ` q � 14,L`�""e� JACQUELINE L. RYLE Dale E. Mesple, President City Clerk v By '�� =Ut-� � lJ� -�-J ANDES CORPORATION, Deputy a California Corporation, General Partner APPROVED AS TO FORM: C. WILLIAM BREWER By ActingIT ity At ney Larry Me tile, President By Depu y (Attach Notary Acknowledgement) GSA: sn 0189d/256 e —3— EXHIBIT "A" Legal Description A portion of Lots 43 , 62, 63 and 64 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 : BEGINNING at the Northeast corner of said Lot 62; thence South 000 23 ' 23" East, along the East line of said Lot 62 , a distance of 660 . 44 feet to the Northeast corner of said Lot 63 ; thence South 000 23 ' 23" East , along the East line of said Lot 63 , a distance of 72 . 94 feet; thence along a non-tangent curve to the East and South, concave to the Southwest, with a radial line which bears North 030 49 ' 46" West from the radial point, a radius of 50 . 00 feet , a central angle of 1340 09 ' 39" and an arc length of 117 . 08 feet; thence along a reverse curve to the South, concave to the Southeast with a radius of 45 .00 feet, a central angle of 400 43 ' 16" and an arc length of 31 . 98 feet; thence South 000 23 ' 23" East, parallel with and 30 . 00 feet East of the East line of said Lot 63 , a distance of 475 . 41 feet to a point on the South line of said Lot 43; thence South 890 12 ' 19" West, a distance of 30.00 feet, to the Northeast corner of said Lot 64 ; thence South 000 23 ' 23" East, along the East line of said Lot 64, a distance of 607 . 45 feet to a point which lies North 00' 231 23 " West, a distance of 23 .00 feet from the Southeast corner of said Lot 64 ; thence South 890 14 ' 02" West, parallel with and 23 . 00 feet North of the South line of said Lot 64 , a distance of 660 . 07 feet; thence North 000 23 ' 37" West, a distance of 607 . 33 feet to a point on the South line of said Lot 63 ; thence South 890 10 ' 32" West, along the South line of said Lot 63 , a distance of 225 .77 feet to a point on the centerline of Enterprise Canal; thence North 330 06 ' 21" East, along said centerline of Enterprise Canal , a distance of 548 .21 feet; thence continuing along said centerline of Enterprise Canal , North 320 36 ' 44" East, a distance of 1037 .08 feet, to a point on the North line of said Lot 62; thence North 890 08 ' 54" East, along the North line of said Lot 62 , a distance of 18 . 45 feet to the point of Beginning . GSA: sn 0245d/262 Tract No. 3818