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HomeMy WebLinkAboutT-3879 - Agreement/Covenant - 6/23/2006 (2) RECORDED AT REOUEST OF 8 '133203 First eri�Ce of Eresno A r MIN PAST � NOV 41987 FRESNO COUNTY.CALIFORNIA j GALEN LARSON,County Recorder BY DEPUTY RECORDER -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P.W. File No . 8541 Development Department UGM No. 285 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN Tract No. 3879 (Phase I of Tentative Tract No . 3879 ) RECITALS WHEREAS, SPALDING G. WATHEN AND DELLA WATHEN, HUSBAND AND WIFE, GLORIA WATHEN, A WIDOW, AND GLORIA WATHEN, AS TRUSTEE OF THE AND GRUPE DEVELOPMENT COMPANY—NORTHERN CALIFORNIA ESTATE OF RICHARD G. WATHEN,A 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. 3879 , consisting of one hundred four (104 ) lots and three (3 ) outlots; and WHEREAS, the Subject Property is subject to UGM Park and Fire Station fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno Municipal Code in the estimated amount of Seventy-Nine Thousand One Hundred Thirty-Four and 30/100 Dollars ($79, 134 . 30) for the following: r UGM Fire Station Fee Service Area No. 21 Zone District : R-1/UGM 33 . 39 Gross Ac @ $1, 388 . 00/Ac = $46 , 345 . 32 UGM Neighborhood Park Fee Service Area No. 1 Zone District : R-1/UGM 33 . 39 Gross Ac @ $982 .00/Ac = $32 , 788 . 98 Total Estimated Amount $79 . 134 . 30; 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 and Fire Station 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 and Fire Station 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 . -2- ... 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 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 other 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 . -3- DATED: Accepted by: COVENANTOR CITY OF FRESNO ' a Municipal Corporation S A DIN6. THEN By - � � Q 4alelt� George6A. Kerber, Director D LA WAT Development Department ATTEST: G IA WATHEN JACQUELINE L. RYLE City Clerk IA WATHEN, as 3rustee of the Estate of Richard G. Wathen, v deceased By ���c.,,-x� Lt2�Q� Deputy GRUPE DEVELOPMENT COMPANY—NORTHERN CALIFORNIP APPROVED AS TO FORM: HARVE WALLACE By City ttor e ARD C. STRONG, Director of Development By Xf,11 / Dep ty (Attach Notary Acknowledgement ) GA:dk 2035d/306 GL 0016/K 7 STATE OF CALIFORNIA ss. COUNTY OF i. On this 3 ✓ day of c34 • in the year 19�. i before me, the undersigned, a Notarc iin Ind for said State, p rsonally appear! t.1 OFFICI7Aug. AL 11 PAT f + Notary Publfornia personally known to me i FRESNOTY (or proved to me on the basis of satisfactory evidence) to be the person_whose name_ I'. My Comm. Ex18,1490 iS subscribed tothe within instrument,and acknowledged to me that the_ executed it. 5250 No.P:!!m Av.,0 402,Fr"no,CA 93704 WITNESS my hand and official seal. i i Notary Public in and for said State. I ACKNOWLEOGMENT—General—Wolcotts Form 233CA—Rev.5.82 ©1982 WOLCOTTS.INC. I C STATE OF CALIF RN IA )as. ECOUNTY OF kresno ) tj On October 1. 1987 before me,the undersigned,a Notary Public in and for said State,personally appeared Spalding G. Wathen A v m personally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is subcribed to the within instrument as the Attorney in Fact of DELLA WATHEN and acknowledged to me that he/"subscribed the name(s) r of DELLA WATHEN OFFICIAL SEAL ANNA MALLET I� cNOTARY PUPLIC-CALIFORNIA thereto as principal(s), and his/pry{own name as Attorney in PRINCIPAL OFFICE !PJ ° Fact. t r+�T F FRESNO COUNTY `1 My Commission Expires Dec.21,1990, j WITNESS 7h -ond official al.NGD Signature , �' l / (chis area for official notarial seal) e 0 0 I I ' STATE OF CALIFOeNIA yss. n COUNTYOF Fresno ) U On OC tube r 1, 198 before me,the undersigned,a Notary Public in and for o said State,personally appeared Snal dingy (;. Worthen f~ c i d E I{ a a personally known to me(or proved to me on the basis of satis LL A factory evidence)to be the person(S)whose name(s)is/are sub- OFFICIAL SEAL ANNA MALLET „ scribed to the within instrument and acknowledged to me thatew"�-r NOTARY PUBLIC CALiFURNIA he/she/they executed the same. PRINCIPAL OFFICE IN FRcS;dO COUNTY MY Commission Expires Dec.21,:990 0 WITNESS my horn nd official al.- H S i g n a t u r -� (this area for official notarial seal) i STATE OF CALIFORf f jSNO lss. C O U N TY O F ---------------i °' On__OCTOBER 6 1987 _ �__. before me,the undersigned,a Notary Public in and for m said State,personally appearedRICHARD C. STRONG U v _ personally known to me(or proved to me on the E a c basis of satisfactory evidence)to be the persons who executed the within instrument as—DIRECTOR—OF— m � E E DEVELOPMENT _� X — ,on behalf of GRUPE_ � 0 DEVELOPMENT COMPANY—NORTHERN CALIF. , C the corporation therein named,and acknowledged to me that OFFICIAL SEAL ' r CATHY A. C .IY 0 c such corporation executed the within instrument pursuant to its r_ A q-r„ NOTARY PUBLIC-CAtA by-laws ora resolution of its board of directors. - /` PRIFJCIP-L OFFICE IN yC FFESNO COUNTY w WITNESS my hand and official seal. My Commission Expires July 5, 1991 N O o Signature (This area for official notarial seal) D E S C R I P T I O N The real property situated in the City of Fresno, County of Fresno, State of California, and is described as follows: A portion of Section 15, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, described as follows: BEGIM. ILNG at the Northwest corner of Outlot "A" of Tract 3800, according to the map thereof recorded in Volume 44 of Plats at Pages 97, 98, and 99, Fresno County Records; thence South 14' 55' 00" East, along the West line of said Outlot "A", a distance of 27.72 feet to a point on a curve concave to the North with a radius 635.00 feet (a radial through said point bears South 35' 28' 53" East) ; thence Westerly, along said curve, along the boundary of Lot 202 of Tract 3627, "Woodward Lake", according to the map thereof recorded in Volume 43 of Plats at Pages 3 through 9, Fresno County Records, through a central angle of 42' 59 ' 15" and an arc length of 476.42 feet to the point of tangency; thence along the boundary of said Lot 202, the following courses: North 82' 29' 38" West, a distance of 73.56 feet to the point of curvature of a curve concave Northeasterly with a radius of 1245.00 feet; thence Northwesterly along said curve through a central angle of 12' 41' 26" and an arc length of 275.76 feet to the point of tangency; thence North 69' 48' 12" West, a distance of 24.39 feet to the point of curvature of a curve concave to the Northeast with a radius of 270.00 feet; thence Northwesterly along said curve through a central angle of 74' 03 ' 28" and an arc length of 348.99 feet to the point of tangency; thence North 04' 15' 16" East, a distance of 246.76 feet to the point of curvature of a curve concave to the Southeast with a radius of 205.00 feet; thence Northeasterly along said curve through a central angle of 91' 09 ' 30" and an arc length of 326.16 feet to the point of tangency; thence South 84' 35' 14" East, a distance of 123.24 feet to the point of curvature of a curve concave Northerly with a radius of 405.00 feet; thence Easterly along said curve through a central angle of 39' 13' 38" and an arc length of 277.28 feet to the point of carpound cu_-vature of a curve concave to the Northwest with a radius of 153.00 feet; thence Northeasterly along said curve through a central angle of 27' 57' 19" and an arc length of 74.65 feet to the point of reverse curvature of a curve concave to the Southeast with a radius of 360.00 feet; therce Northeasterly along said curve through a central angle of 46' 04' 08" and an arc length of 289.46 feet to a point on a curve concave to the Southwest with a radius of 571.00 feet (a radial through said point bears North 69' 20' 54" East) ; thence Northwesterly along said curve through a central angle of 28' 13' 54" and an arc length of 281.35 feet to the point of tangency; thence North 48' 53' 00" West, a distance of 154.28 feet; thence South 04' 00' 00" West, a distance of 276.74 feet to the point of curvature of a curve concave to the Northwest with a radius of 165.00 feet; thence Southwesterly along said curve through a central angle of 600 00' 00" and an arc length of 172.79 feet to the point of compound curvature of a curve concave Northerly with a radius of 280.00 feet; thence Westerly along said curve through a central angle of 43' 25' 00" -and an arc length of 212.17 feet to the point of tangency; thence North 72° 35' 00: West, a distance of 118.27 feet to the point of curvature of a curve concave to the South with a radius of 150.00 feet; thence Westerly along said curve through a central angle of 400 24' 38" and an arc length of 105.79 feet to the point of reverse curvature of a curve concave to the North with a radius of 220.00 feet; thence Westerly along said curve through a central angle of 661 54' 38" and an arc length of 256.92 feet to the point of tangency; thence North 460 05 ' 00" West, a distance of 214.07 feet to the point of curvature of a curve concave to the Northeast with a radius of 363.00 feet; thence Northwesterly along said curve through a central angle of 32° 03 ' 01" and an arc lenth of 203.06 feet; thence South 480 30113" West, a distance of 246.59 feet to a point on a curve concave to the Southwest with a radius of 400.00 feet; (a radial through said point bears North 190 50' 03" East) ; thence Southeasterly along said curve through a central angle of 17* 49' 39" arra an arc length of 124.46 feet to the point of compound curvature of a curve concave to the Southwest with a radius of 380.00 feet; thence Southeasterly along said curve through a central angle of 57° 55' 18" and an arc length of 384.15 feet to the point of tangency; thence South 050 35' 00" West, a distance of 240.75 feet to the point of curvature of a curve concave to the Northwest with a radius of 245.00 feet; thence Southwesterly along said curve through a central angle of 87° 55' 00" and an arc length of 375.94 feet to the point of tangency; thence North 860 30' 00" West, a distance of 538.75 feet to the Northeast corner of Outlot "B" of Tract 3799, "Mariner's Pointe", according to the map thereof recorded in Vol=)e 45 of Plats at Pages 9 and 10, Fresno County Records; thence North 880 47' 30" West, along the North line of said Tract 3799 leaving the boundary of said Lot 202, a distance of 67.00 feet to a point on a curve concave to the Southeast with a radius of 823.00 feet (a radial through said point bears North 880 47' 30" West) ; thence Northeasterly along said curve through a central angle of 470 17' 43" and an arc length of 679.35 feet to the point of tangency; thence North 48" 30' 13" east, a distance of 878.07 feet to the point of curvature of a curve concave to the South with a radius of 623.00 feet thence Easterly along said curve through a central angle of 820 36' 47" and an arc length of 898.28 feet to the point of tangency; thence South 48° 53' 00" East, a distance of 328.08 feet to the point of cux-nature of a curve concave to the Southwest with a radius of 638.00 feet; thence Southeasterly along said curve through a central angle of 510 42' 00" and an arc length of 575.69 feet to the point of tangency; thence South 020 49' 00" West, a distance of 38.46 feet; the-rice South 42" 11' 00" East, a distance of 20.57 feet; thence South 870 11' 00" West, a distance of 5.46 feet; thence South 02° 49' 00" West, a distance of 80.00 feet; thence North 871>11'00" West, a distance of 5.46 feet; thence South 4749'00" West, a distance of 20.57 feet; thence South 02°49'00" West, a distance of 172.34 feet to the point of curvature of a curve concave to the East with a radius of 717.00 feet; thence Southeasterly along said curve through a central angle of 170 44' 00" and an arc length of 221.91 feet to the point of tangency; thence South 14° 55' 00" East, a distance of 155.09 feet to a point on the Northerly boundary of said Tract 3800, thence South 75° 05' 00" West, along said Northerly boundary, a distance of 67.00 feet to the POINT OF BEGINNING.