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Home My WebLink AboutT-3862 - Agreement/Covenant - 6/20/2006 (2) al _ RECCROFD AT REOUEST OF 8' 131'793 CENTRAL TITLE COMPANY •' PLEASE CONFORM tTIN PAST M OCT 3 01987 FRESNO COUNTY.CALIFORNIA GALEN LARSON,County Recorder & FEE k BY DEPUTY RECORDER -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P.W. File No . 8503 Development Department UGM No. 272 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 3862 RECITALS Fier S^'U WHEREAS, The/Villas , a California Limited 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. 3862, consisting of Eighty-Nine (89) lots and Three (3) outlots; 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-One Thousand Three Hundred Forty-Eight and 68/100 Dollars ($21, 348 . 68) for the following: UGM Neighborhood Park Fee Service Area No . 1 Zone District : R-1/UGM 21 . 74 Gross Ac @ $982 .00/Ac = $21 , 348 . 68 Total Estimated Amount $21, 348 . 68 ; and J . 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 . 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- u 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- J 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 �� 7 COVENANTOR Accepted by: I,-�sNe THE VILLAS, a California CITY OF FRESNO Limited Partnership a Municipal Corporation Leo Wilson Company, Inc . , a California Corporation By General Xarner George A. Kerber, Director Development Department By ATTEST: eo President JACQUELINE L. RYLE City Clerk �-� By . Da d E. Pitta , Secretary By � �ZCL Deputy APPROVED AS TO FORM: HARVEY WALLACE City A torne .By CORPORATE ACKNOWLEDGMENT No.202 California 11th September 87 State of On this the day of P 19_,before me, SS. County of Fresno Shirley Lowe the undersigned Notary Public,personally appeared Leo A. Wilson & David E. Pitta :. .�.. L k personally known to me 4" � T !}:-y!S 'vV El proved to me on the basis of satisfactory evidence ' % .� .':.'• „?(.I;,-��` is to be the person(s)who executed the within instrument as '1Y�•:, ,,; �',^ rr IFoaNrA,� pres . & sec. mon behalf of the corporation therein d 111 {f I'nt'OUN I;j nWSigure d tome that the corporation executed it. fficial seal. , ��=Cc-,.-'r>�'-.�,?.=".e�..�',r��.e'1.�.-:�,e�zr','+.c��'�'s--�'„-3e'�-1 7120 122 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 4625•Woodland Hills.CA 91364 r EXHIBIT "A" LEGAL DESCRIPTION FOR TRACT NO. 3862 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 115, 151 AND 152 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 SOUTH QUARTER CORNER OF SAID SECTION 22; THENCE SOUTH 89 '13 '50" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF --SAID SECTION 22, A DISTANCE OF 100. 00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89'13'50" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 22, A DISTANCE OF 1197. 83 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; THENCE NORTHERLY ALONG THE EAST RIGHT-OF-WAY LINE OF SAID NORTH FRIANT ROAD, THE FOLLOWING COURSES: NORTH 20'15'10" EAST, A DISTANCE OF 32. 14 FEET; THENCE NORTH 40'02'18" WEST A DISTANCE OF 2. 96 FEET; THENCE NORTH 3626'28" EAST, A DISTANCE OF 45. 64 FEET; THENCE NORTH 10'31 '32" WEST, A DISTANCE OF 140.24 FEET TO A POINT ON A CURVE CONCAVE TO THE WEST WITH A RADIUS OF 3286. 00 FEET (A RADIAL THROUGH SAID POINT BEARS SOUTH 8209'44" EAST) ; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02 01 '32" AND AN ARC LENGTH OF 116. 17 FEET; THENCE NORTH 89'13'50" EAST, LEAVING THE EAST RIGHT-OF-WAY LINE OF SAID NORTH FRIANT ROAD, A DISTANCE OF 432. 25 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHWEST WITH A RADIUS OF 1075. 00 FEET (A RADIAL THROUGH SAID POINT BEARS NORTH 81 * 38'24" EAST) ; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20'4 9'34" AND AN ARC LENGTH OF 390. 75 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST WITH A RADIUS OF 1175. 00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09'20'08" AND AN ARC LENGTH OF 191 . 45 FEET; THENCE NORTH 70 08'58" EAST, A DISTANCE OF 50. 00 FEET; THENCE NORTH 4125'02" ' EAST, A DISTANCE OF 174. 04 FEET; THENCE SOUTH 8 826'27" EAST, A DISTANCE OF 125. 00 FEET; THENCE NORTH 86 -32'47" EAST, A DISTANCE OF 123. 26 FEET; THENCE SOUTH 69'27'55" EAST, A DISTANCE OF 27. 00 FEET; THENCE NORTH 8 9 35'31" EAST, A DISTANCE OF 28. 00 FEET; THENCE NORTH 85'34 '50" EAST, A DISTANCE OF 208. 49 FEET; THENCE SOUTH 88'34'20" EAST, A DISTANCE OF 150. 00 FEET; THENCE SOUTH 69 48 '00" EAST, A DISTANCE OF 74. 41 FEET; THENCE NORTH 7 4 30 '47" EAST, A DISTANCE OF Form CT-56 Convinuation 170. 00 FEET; THENCE SOUTH 77'14'49" EAST, A DISTANCE OF 189. 95 FEET; THENCE NORTH 54'14'19" EAST, A DISTANCE OF 380. 55 FEET: THENCE NORTH 41 '0 9'17" EAST, A DISTANCE OF 111 . 00 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHEAST WITH A RADIUS OF 430. 00 FEET (A RADIAL THROUGH SAID POINT BEARS SOUTH 30 08'51" WEST) : THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL OF 05'39'20" AND AN ARC LENGTH OF 42. 44 FEET TO A POINT ON THE NORTHWESTERLY BOUNDARY OF TRACT 3693, INDEPENDENCE CROSSING, ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 44 OF PLATS AT PAGES 32 THROUGH 35, FRESNO COUNTY RECORDS; THENCE SOUTHWESTERLY, WESTERLY AND SOUTHERLY ALONG THE NORTHWESTERLY AND WEST- ERLY BOUNDARY OF SAID TRACT 3693, THE FOLLOWING COURSES: SOUTH 2429'31" WEST, A DISTANCE OF 55. 02 FEET; THENCE SOUTH 54 '14'19" WEST, A DISTANCE OF 560. 04 FEET; THENCE NORTH 3547'15" WEST, A DISTANCE OF 84. 78 FEET; THENCE NORTH 7714'49" WEST A DISTANCE OF 36. 81 FEET: THENCE SOUTH 58 00' 15" WEST, A DISTANCE OF 90. 00 FEET; THENCE NORTH 32* 00'06" WEST, A DISTANCE OF 60. 01 FEET; THENCE SOUTH 7 4 30'47" WEST, A DISTANCE OF 149. 97 FEET; THENCE SOUTH 02'14 '36" EAST, A DISTANCE OF 150. 00 FEET; THENCE SOUTH 3 8 01 '35" EAST, A DISTANCE OF 130. 00 FEET; THENCE SOUTH 19'59'3 8" WEST, A DISTANCE OF 305. 78 FEET; THENCE SOUTH 16'4 9'0 8" EAST, A DISTANCE OF 413. 59 TO THE TRUE POINT OF BEGINNING . Form CT-56 Continuation