HomeMy WebLinkAboutT-3904 - Agreement/Covenant - 6/23/2006 (2) A RECORDED AT REQUEST Of
88131624
CENTRAL TITLE COMPANY
AT............ 1 N. PAST.. .M
NOV 23 1988
FRESNO COUNTY.CALIFORNIA
PLEASe CONE 'GAALEN LARSON,County Recorder
eyder
E
BY DEPUTY RECORDER
-------------------SPACE ABOVE FOR RECORDER 'S USE-------------------
p.W. File No. 8537 Development Department
UGM No. 298 City of Fresno
` STATEMENT OF COVENANTS
FOR UGM PARK FEES
AND CREATION OF LIEN
Tract No. 3904
"Madison Ridge"
RECITALS
WHEREAS, Madison Ridge, 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. 3904 ,
consisting of One Hundred Twenty Two (122) lots : and
WHEREAS, the Subject Property is subject to UGM Park fees
pursuant to Sections 12-4 .509 of the Fresno Municipal Code in the
estimated amount of Thirty Seven Thousand Five Hundred Seventy One
and 32/100 , Dollars ($37, 571 . 32) for the following:
UGM Neighborhood Park Fee
Service Area No. 1
Zone District: R-1/UGM
38 . 26 Gross Ac @ $982.00/Ac = $37, 571 . 32
Total Estimated Amount $37,571 . 32 ; and
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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 .
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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 .
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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: XAA.'j'� /7, 10T
Accepted by: COVENANTOR
CITY OF FRESNO MADISON RIDGE,
a Municipal Corporation a California Limited Partnership-
By Q
BY: Leo Wi son Co., Inc., a California Corp.
.�k%f-r�
George A. Kerber, Director By IL
Development Department Leo . Wilson, President
By
APPROVED AS TO FORM:
HARVEY WALLACE
Ci At orney %
Deputy (Attach Notary Acknowledgement)
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO ) ``----
On this da of _NO�VY%,,b" in the year,
before me kfN personally
appeared K personally known to me
(or proved to me o the basis of satisfactory evidence) to be the
person who executed this instrument as Director
of the Development Department and acknowledged to me that the City of
Fresno executed it.
JACQUELINE L. RYLE, CMC
City CCl�l��e^�r^�k
• BY44
I Deputy
+Dated: �t
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STATE OF CALIFORNIA 1 SS.
COUNTY OF Rrimgz c) )
On this 99th day of OCtAhPr ,in the year of
19 R 8 , before me, the undersigned, a Notary Public in
and for said County and State, personally appeared
d Le.n_A- Wi Inn personally known
,= to me (or proved to me on the basis of satisfactory evidence) to be the
W President,X+pk
a
OFFICIAL SF.AI.
x7ddf atac�DcD�xbe
0 `�4: SFHRLEY LOWE
)ftn m of '^ NOTARY PUBLIC-CALIFOAN1A
-11t the corporation that executed the within instrument and known to me ;� NOTARY BOND FILED IN
G to be the persons who executed the within instrument on behalf of said
IL FRESNO COUNTY
Ir
corporation, said,sor tion be' k own to me to be one of the My Commnttion Ex rres FeDrua , tggt
partners of 11 the p ry
partnership that exe ed Vwit ' instrument, and acknowledged to
me that such torpor io xecut the S such artner and that
such partnershi t
S1
Name (Type or Printed)
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Notary Pu lit in end r said County and State FOR NOTARY SEAL OR STAMP
a
Exhibit "A"
The land referred to in these Covenants are situated in the State of
California, County of Fresno, and is described as follows :
That portion of Lots 74, 75, 111, 112, 113 , 114. 115 and 149 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
of Plats at Page 68, Fresno County Records, described as follows :
Commencing at the intersection of the centerline of North Saybrook
Drive with the southeasterly prolongation of the northerly line of Lot
1 of Tract No. 3846. according to the map thereof recorded in Volume 45
of Plats at Pages 57 and 58 . Fresno County Records, said intersection
being a point on a non`atangent curve, concave to the East, having a
radius of 900.00 feet (the radial at said point bears North 8510 00' 00"
West) ; thence northerly, along said curve, through an interior angle of
010 36' 24" . an arc distance of 25 . 24 feet; thence North 620 25 ' 13"
West a distance of 345. 95 feet; thence North 110 28 ' 02" West a
distance of 410. 31 feet, to the True Point of Beginning of this
description; thence South 410 29 ' 00" West, a distance of 326. 35 feet;
thence South 300 00' 00" East, a distance of 193 . 78 feet; thence South
140 50' 0011 West, a distance of 170.00 feet; thence South 010 00 ' 00"
West, a distance of 426 .05 feet; thence South 250 00 ' 00" West, a
distance of 78 .73 feet; thence South 050 40 ' 24" West, a distance of
137 .43 feet to a point on the northeasterly right of way line of East
Stratford Drive, said northeasterly right of way line being a
non-tangent curve, concave to the North, having a radius of 1. 170.00
feet (the radial at said point bears South 070 08 ' 33" West ) ; thence
westerly along said curve and said northeasterly right of way line.
through an interior angle of 000 21 ' 27 an arc distance of 7 . 30 feet
to the point of tangency; thence continuing along said northeasterly
right of way line, North 820 30 ' 00" West a distance of 150. 00 feet to
the point of curvature of a curve, concave to the Northeast . having a
radius of 570.00 feet; thence northwesterly along said curve and said
northeasterly right of way line, through an interior angle of
170 00' 00" , an arc distance of 169 . 12 feet to the point of curvature
of a compound curve, concave to the Northeast. having a radius of
370.00 feet; thence along said curve and said northeasterly right of
way line, through an interior angle of 330 30 ' 00" . an arc distance of
216 . 33 feet to the point of tangency; thence continuing along said
northeasterly right of way line. North 320 00 ' 00" West a distance of
429. 59 feet to the point of curvature of a curve, concave to the
Northeast, having a radius of 870. 00 feet ; thence northwesterly along
said curve and said northeasterly right of way line, through an
interior angle of 170 30 ' 00" . an arc distance of 265 .73 feet to the
point of tangency; thence continuing along said northeasterly right of
way line, North 140 30 ' 00" West a distance of 273 . 58 feet to the point
of curvature of a curve, concave to the Southwest, having a radius of
2,030. 00 feet; thence northwesterly along said curve and said
northeasterly right of way line, through an interior angle of
050 33 ' 55 an arc distance of 197 . 18 feet to the point of tangency,
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thence North 200 03 ' 55" West, a distance of 99 .74 feet thence North
230 58 ' 13" East, a distance of 16 . 27 feet to a point on the
southeasterly right of way line of North Fort Washington Road, said
- point being on a non-tangent curve, concave to the Northwest, having a
radius of 1, 322 .00 feet, the radial at said point bears South
210 51 ' 21" East, thence northeasterly along said curve and said right
of way line, through an interior angle of 000 08 ' 1711 , an are distance
of 3 . 18 feet; thence leaving said right of way line, along a radial to
said curve, North 210 59 ' 38" West, a distance thereon of 30.29 feet to
a point on the North line of the Southwest Quarter of Section 22,
Township 12 South, Range 20 East, Mount Diablo Base and Meridian,
according to the United States Government Township Plat; thence North
890 38 ' 0811 East, along said North line, a distance of 4 .42 feet to the
Northeast corner of said Southwest Quarter of Section 22; thence North
000 29 ' 14" East, along the West line of the Northeast Quarter of said
Section 22. a distance* of 14 .48 feet to the intersection with said
centerline of North Fort Washington Road, said centerline being a
non-tangent curve.. concave to the Northwest, having a radius of
1, 280.00 feet; thence northeasterly along said curve and said
centerline, through an interior angle of 260 05 ' 28" , an arc distance
of 582 . 88 feet to the point of tangency; thence continuing along said
centerline North 410 29 ' 00" East a distance of 505 . 55 feet; thence
leaving said centerline South 48' 31 ' 00" East, a distance of 897.00;
thence South 41' 29 ' 00" West, a distance of 440.00 feet to the True
Point of Beginning.
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