HomeMy WebLinkAboutT-3840 - Agreement/Covenant - 6/26/2006 (2) RECORDED AT SSOUEST OF
ENTRAL TI LE COMP N 8'7093656
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1N PAST N
JUL 3 11987LE,15E CONFCPM
pgESNO COUNTY.CALIF R"eOfdE f
GALEN CARSON.COunty FEE
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BY DEPUTY RECORDER
-------------------SPACE ABOVE FC,.. ......,......... ., JSE-------------------
P.W. File No. 8456 Development Department
UGM No . 262 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK FEES
AND CREATION OF LIEN
Tract No . 3840
RECITALS
WHEREAS, D & W Development Company, 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 . 3840,
consisting of Eighty-Five (85) 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 Forty-One Thousand Five Hundred Ninety-Seven and
52/100 Dollars ($41, 597 . 52) for the following:
UGM Neighborhood Park Fee
Service Area No. 1
Zone District : R-1/UGM
42 . 36 Gross Ac @ $982 .00/Ac = $41, 597 . 52
Total Estimated Amount $41, 597 . 52; 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 .
-2-
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 transferrable 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 .
-3-
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: Z
Accepted by: COVENANTOR
CITY OF FRESNO D & W Development Company,
a Municipal Corporation a Partnership
BY Rod DeLuca Development ',C'orripany,
George(A. Kerber. Director Inc. , a Calif rnia C,prporation,
Development Department Partner '
ATTEST: 1 , }/
by �.
JACQUELINE L. RYLE Ro ney J . uca , President
City Clerk /
Leo A. Wil d Company_ Inc- ,
By a California Corporation
Deputy
APPROVED AS TO FORM: by
Leo /1. Wilson, President
HARVEY WALLACE
City A torne
By ,
puty (Attach Notary Acknowledgement )
GSA:mv
0835d/276
CORPORATE ACKNOWLEDGMENT No.202
California
State of On this thl 7 th day of July 19 8 before me,
`i Fresno ss' Shirley Lowe
County of
the undersigned Notary Public,personally appeared
Rodney J. DeLuca & Leo A, Wilson ?
pc personally known to me
f� �••.'_.•i-.tt.Y: �-a-.�_, 4 Al
`�H,RI _ n , O proved tome on the basis of satisfactory evidence
` � r"Y L''w� jii to be the perso (s)who executed the within instrument as t�
NOTARY"USLIC-CALIFORIVIAlt Presl�ents '1
NOTARI•::r 1t
JND FiL-0 IN or on behalf of the corporation therein
FRF'c
E,Pi s February 7 2, �gc• named,and acknowledged to me that the corporation executed it.
` =1 WITNEShand d official sea :U
s Signature
nmF:: FIDELITY NATIONAL TITLE
.:. I:�'SURANCE COMPANY
74A-f T 3840
E X H 181 7- ..A
File No. 700151
POLICY No.99-00760
THAT PORTION OF THE SOUTH HALF OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE
20 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF FRESNO, COUNTY
OF FRESNO, STATE OF CALIFORNIA, BEING A PORTION OF LOTS 113, 114, 115,
149, 150 AND 151 OF PERRIN COLONY NO. 2, ACCORDING TO THE AMENDED MAP
THEREOF RECORDED IN VOLUME 4 OF PLATS AT PAGE 68, FRESNO COUNTY RECORDS,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 22; THENCE
SOUTH 00* 15' 26" EAST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER
OF SAID SECTION 22, A DISTANCE OF 11 . 48 FEET TO THE TRUE POINT OF
BEGINNING .
THENCE SOUTH 22' 00' 08 EAST, A DISTANCE OF 17 . 97 FEET:'- THENCE SOUTH
"'t--68 * 04' 01 " WEST, A DISTANCE OF 3 . 18 FEET; THENCE SOUTH -23 *-57 ' 44"
WEST, A DISTANCE OF 16.27 FEET; THENCE SOUTH 20•* 04' 2.4" EAST, A -
DISTANCE OF 99. 74 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
- TO THE SOUTHWEST WITH A RADIUS OF 2030 .00 FEET; THENCE SOUTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05' 33 ' 55" AND AN ARC
LENGTH OF 197. 18 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 14' 30'
29" EAST, A DISTANCE OF 273 .58 FEET TO THE POINT OF CURVATURE OF A
CURVE CONCAVE TO THE NORTHEAST WITH A RADIUS OF 870. 00 FEET: THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17* 30' 00
AND AN ARC LENGTH OF 265. 73 FEET TO THE POINT OF TANGENCY; THENCE
SOUTH 32* 00' 29" EAST, A DISTANCE OF 429, 59 FEET TO THE POINT OF
CURVATURE OF CURVE CONCAVE TO THE NORTHEAST WITH A RADIUS OF 370. 00
FEET: THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 33' 30' 00" AND AN ARC LENGTH OF 216 .33 FEET: THENCE SOUTH 24* 29'
31" WEST, A DISTANCE OF 60 .00 FEET TO A POINT ON A CURVE CONCAVE TO THE
NORTHEAST .WITH A RADIUS OF 430 .00 FEET CA RADIAL THROUGH SAID POINT
BEARS SOUTH 24* 29' 31" WEST) ; THENCE NORTHWESTERLY ALONG SAID CURVE
THROUGH A 'CENTRAL ANGLE OF 05' 39' 20" AND AN ARC LENGTH OF 42. 44 FEET;
THENCE SOUTH 41 ' 09' 17" WEST, A DISTANCE OF 111 . 00 FEET; THENCE
SOUTH 54' 14` 19" WEST, A DISTANCE OF 380. 56 FEET; THENCE NORTH 77*
14 ' 49" WEST, A DISTANCE OF 189. 94 FEET; THENCE SOUTH 74 ' 30' 47"
WEST, A DISTANCE OF 170. 00 FEET; THENCE NORTH 69* 48 ' 00" WEST, A
DISTANCE OF 74 . 41 FEET; THENCE NORTH 88* 34 ' 20" WEST, A DISTANCE OF
150. 00 FEET; THENCE SOUTH 85' 34 ' 50" WEST, A DISTANCE OF 208 . 49 FEET;
THENCE SOUTH 89' 35' 31" WEST, A DISTANCE OF 28. 00 FEET; THENCE NORTH
--69' 27' 55" WEST, A DISTANCE OF 27. 00 FEET; THENCE SOUTH 86' 32 ' 47"
WEST, A DISTANCE OF 123 .25 FEET: THENCE NORTH 07' 48' 45" WEST, A
DISTANCE OF 515. 00 FEET; THENCE NORTH 11 ' 08 ' 04" WEST, A DISTANCE OF
- 110 .00 FEET; THENCE NORTH 26' 38' 24" WEST, A DISTANCE OF 228 . 24 FEET;
THENCE NORTH 86* 25' 35" WEST, A DISTANCE OF 229.52 FEET TO A POINT ON
THE EAST RIGHT-OF-WAY LINE OF NORTH FRIANT ROAD AS SHOWN ON COUNTY OF
FRESNO FRIANT ROAD RIGHT-OF-WAY MAPS PER DRAWING NO, 3270-2,3 : THENCE
Form CT-56
Continuation
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t
CENTRAL TITLE COMPANY
Order No. TQRCT :3:2 4o
700151 -Ds EXHIBIT "A" CONTINUA
NORTHERLY ALONG THE EAST RIGHT-OF-WAY LINE OF SAID NORTH FRIANT ROAD,
THE FOLLOWNG COURSES :
NORTH 03* 42' 38" EAST, A DISTANCE OF 95. 00 FEET; THENCE NORTH 01 ' 16'
36" WEST, A DISTANCE OF 99. 90 FEET; TO THE NON-TANGENT POINT OF
CURVATURE OF A CURVE CONCAVE TO THE EAST WITH A RADIUS OF 14, 914 . 00
FEET (A RADIAL THROUGH SAID POINT BEARS NORTH 85* 20 ' 26" WEST) ;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00* 25 '
14" AND AN ARC LENGTH OF 109. 47 FEET; THENCE NORTH 43* 28' 06" EAST,
A DISTANCE OF 31 . 78 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF NORTH FORT WASHINGTON ROAD; THENCE NORTHEASTERLY ALONG SAID
SOUTHERLY RIGHT -OF-WAY LINE, THE FOLLOWING COURSES:
NORTH 81 * 08' 14" EAST, A DISTANCE OF 206. 29 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST WITH A RADIUS OF 440. 00
FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
25' 45' 53" AND AN ARC LENGTH OF 197. 86 FEET; THENCE NORTH 34* 37 ' 39"
WEST, LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE , A DISTANCE OF 40. 00
FEET TO A POINT ON THE CENTERLINE OF SAID NORTH FORT WASHINGTON ROAD;
THENCE NORTHEASTERLY, ALONG SAID CENTERLINE OF NORTH FORT WASHINGTON
ROAD, THE FOLLOWING COURSES:
NORTH 55' 22' 21" EAST, A DISTANCE OF 454. 72 FEET; THENCE NORTH 73 *
39' 32" EAST, A DISTANCE OF 386. 74 FEET TO A POINT ON THE NORTH LINE
OF THE SOUTH HALF OF SAID SECTION 22; THENCE NORTH 88* 53' 50" EAST,
•ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 22, A DISTANCE
OF 20. 73 FEET; THENCE SOUTH 22* 00' 08" EAST, A DISTANCE OF 12. 29 FEET
TO THE TRUE POINT OF BEGINNING .
Pace h of
CT448