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Home My WebLink AboutT-3905 - Agreement/Covenant - 6/23/2006 (2) P 88018862It�00RD�AI R�IIL�i o! . PLEASE CONFORM T ..MIN. PATO.M FEB 191988 FIIE$MO CONufr.CALIFORNIA GALEN!ARSON,County Ruud _ �� FEE BY DEPUTY RECORDER : -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P.W. File No. 8557 Development Department UGM No. 283 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 3905 Greenbrier Knolls RECITALS WHEREAS, Riverview Estates, a California 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. 3905, consisting of Thirty-three (33) lots and two (2) 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 sixteen thousand nine hundred twenty dollars ($16,920. 00) for the following: UGM Neighborhood Park Fee Service Area No. 6 Zone District : R-1-UGM 9 .40 Gross Ac @ $1,800. 00/Ac = $16, 920.00 Total Estimated Amount $16, 920.00; and i 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- i 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 equitabl-e 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 . -3- t � ti t , 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: l$P88 Accepted by: COVENANTOR CITY OF FRESNO RIVERVIEW ESTATES a Municipal Corporation a Partnership By BARGAIN HOMES, INC. George A. Kerber, Director a California Corpo ion, Development Department Partner ATTEST: B yz Victor R novsky, A esident JACQUELINE L. RYLE City Clerk BETTER HOMES, INC. o a California Corporation, Partne By Deputy By Stanley L. S a res dent APPROVED AS TO FORM: o HARVEY WALLACE City Attorney r By Deputy (Attach Notary Acknowledgement ) LR: jjw 3033d/334 -4- P EXHIBIT "A" The Subject Property referred to in this covenant is situated in the State of California . County of Fresno, and is described as follows : THAT PORTION OF OUTLOT "C" OF PARCEL MAP NO. 79-16 , IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 31 OF PARCEL MAPS AT PAGES 87 THROUGH 98 , FRESNO COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF NORTH GLENN AVENUE WITH THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF NORTH DEL MAR AVENUE, AS SHOWN ON TRACT 3594 , ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 44 OF PLATS AT PAGES 73 THROUGH 75, FRESNO COUNTY RECORDS; THENCE SOUTH 450 30' 15" EAST, ALONG THE CENTERLINE OF SAID NORTH GLENN AVENUE, A DISTANCE OF 169 . 45 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST WITH A RADIUS OF 250.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, CONTINUING ALONG THE CENTERLINE OF SAID NORTH GLENN AVENUE, THROUGH A CENTRAL ANGLE OF 300 15 ' 12" AND AN ARC LENGTH OF 132 .01 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 150 15 ' 03 " EAST, CONTINUING ALONG THE CENTERLINE OF SAID NORTH GLENN AVENUE, A DISTANCE OF 641. 22 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST AUDUBON DRIVE AS SHOWN ON SAID TRACT 3594 , SAID POINT BEING ON A CURVE CONCAVE TO THE SOUTHEAST WITH A RADIUS OF 1750 . 00 FEET (A RADIAL THROUGH SAID POINT BEARS NORTH 150 00 ' 135" WEST) ; THENCE SOUTHWESTERLY ALONG SAID CURVE, ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID WEST AUDUBON DRIVE, THROUGH A CENTRAL ANGLE OF 13. 58 ' 09" AND AN ARC LENGTH OF 426 . 66 FEET TO THE NON-TANGENT POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST WITH A RADIUS OF 1389 .73 FEET (A RADIAL THROUGH SAID POINT BEARS NORTH 420 33 ' 32" WEST) ; THENCE NORTHWESTERLY ALONG SAID CURVE, CONTINUING ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID WEST AUDUBON DRIVE, THROUGH A CENTRAL ANGLE OF 09' 23 ' 20" AND AN ARC LENGTH OF 227 .73 FEET; THENCE NORTH 810 44 ' 29" WEST, A DISTANCE OF 9 . 69 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF NORTH DEL MAR AVENUE AS SHOWN ON SAID TRACT 3594 ; THENCE NORTHERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID NORTH DEL MAR AVENUE, THE FOLLOWING COURSES: NORTH 360 02 ' 42 " WEST, A DISTANCE OF 118 . 64 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST WITH A RADIUS OF 458 .00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 380 23 ' 13 " AND AN ARC LENGTH OF 306 . 85 FEET TO THE POINT OF TANGENCY; THENCE NORTH 020 20 ' 31" EAST, A DISTANCE OF 186. 49 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST WITH A RADIUS OF 458 . 00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42' 09 ' 14" AND AN ARC LENGTH OF 336 . 96 FEET TO THE POINT OF TANGENCY; THENCE NORTH 440 29 ' 45" EAST, A DISTANCE OF 366. 21 FEET TO THE POINT OF BEGINNING. LR/jjw 3033/334 -5- ` STATE OF CALIFORNIA M SMEM I 1 TITLE INSURANCE t COUNTY OF FRESNO SS. CL On this the 13th day of JANUARY 19__$$.,before me,the undersigned,a Notary Public in and for i N said State,personally appeared STANLEY SPANO `o personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President,MKXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX a pl�t3� 1¢]inlbslir3�bi;t �nitr �ti3liatl�r�t�rld�f>2d�#lileXslir3�16M�dc�fc�tlir#�e? {t3ir�3�b�#t}�r}( 5?438 XXXXXXXXXXXXXXXX MalyoI BETTER Ht]MES, INC , the corporation that FOR NOTARY SEAL OR STAMP executed the within instrument on behalf of RT VF,]V T FW Q ESTATES the part- --- N nership that executed the within instrument,and acknowledged to me - - � that such corporation executed the same as such partner and thatARLENE EAVES °�° such partnership executed the same. tV. NOTARY PUBLIC d d WITNESS my hand and official seal. FRESNO COUNTY,CALIFORNIA a „, My Commission Expires July 1.1991 J Q U Signature STATE OF CALIFORNIA l SAFECO a t COUNTY SS. TITLE INSURANCE OF FRESNO J C On this the 13th day of—!-) NUARY 19 8 8 before me,the undersigned,a Notary Public in and for n N said State,personally appeared VICTOR RO Z NO V S KY `o personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the C President, a *Wrs �tl b +iii �� £d dCt sKsxoi�s�t} oY u ]6Xi�tKeYp1€c ob�fvNc eXe16 J£eb X�ii}6 ]f�d�id{�b Xie eyesXXXXXXXXXXXXXXXXXX&Yalaryof RARGATN o HOMES., T NCthe corporation that FOR NOTARY SEAL OR STAMP U executed the within instrument on behalf of . R T VR RV T RW ESTATES the part- Nnership that executed the within instrument,and acknowledged to me --" C? that such corporation executed the same as such partner and that �` ARLENE EANES dsuch partnership executed the same. NOTARY PUBLIC ¢ S WITNESS my hand and official seal. FRESNO COUNTY,CALIFORNIA CL My Commission Expires July 1.1991 J Q U Signature