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Home My WebLink AboutT-3917 - Agreement/Covenant - 6/23/2006 (2) • X8083 z NI ORDID AT RIQUOT OE , KEASE CONFO ;1'-COR TITLE INSURANCE- CE C N -' LAT. ......MIN. PA ..:M AUG 03 1988 FRESNO COVNTV.CAUFORNIA GALEN LARSON,County Recorder FEE SPACE ABOVE FORERECORDER S USE--------- ------------------- ---------- P.W. File No. 8593 Development Department UGM No. 295 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 3917 Plan Unit Development RECITALS WHEREAS, Alluvial Associates , a 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 3917, consisting of Sixty One (61) lots ; and WHEREAS, the Subject Property is subject to UGM Park fees pursuant to Section 12-4 . 508 of the Fresno Municipal Code in the estimated amount of Twelve Thousand Twenty Three and 90/100 Dollars ($12, 023 . 90) for the following: UGM Neighborhood Park Fee Service Area No. 7 Zone District : R-1/UGM 9 . 65 Gross Ac @ $1, 246 . 00/Ac = $12, 023 . 90 Total Estimated Amount $12, 023 . 90; 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- 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 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 inva:.idity 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: Accepted by: COVENANTOR CITY OF FRESNO ALLUVIAL ASSOCIATES, a Municipal Corporation a General Partnership By Q. George AF Kerber, Director By: Development Department SABRI YAKOU, a General Partner ATTEST: By: JACQUELINE L. RYLE REGARD YAKOU, a General Partner City Clerk MGS CONSTRUCTION, a California By, n4 Corporation, a General Partner Deputy APPROVED AS TO FORM: By: MI H Pre d nt HARVEY WALLACE City Attorney B W. A. MOSELEY Secretar Deputy (Attach Notary Acknowledgement) TO NAa CA 10-741 (Partnership) r TRLE INSURANCE AND TRUST STATE OF CALIFORNIA •ncowccrwn SS. Moor COUNTY OF Fresno on July 1, 1988 before me, the undersigned, a Notary Public in and for said State, personally appeared �ARRI YAK�11 and RF.(',ARi� YAKOU W 0: W I W known to me 4 to be of the partners of the partnership Hthat executed the within instrument,and acknowledged to me S. S. FRANK such partnership executed the same. - NotaryPu blie•calitornia WITNESS my hand and official seal. . Principal Office In Fresno county My Commission Esp.May 22.IM Signature (This area for official notarial seal) EXHIBIT "A" The land referred to in these Covenants is situated in the State of California, County of Fresno, and is described as follows : THAT PORTION OF LOTS 48 AND 68 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 , PAGE 68 OF PLATS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND THAT PORTION OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN. AND THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 48 ; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOTS 48 AND 68 OF PERRIN COLONY NO. 2 . TO THE INTERSECTION OF SAID NORTH LINE OF LOT 68 WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE SOUTHERLY THROUGH SAID LOT 68 AND ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35 TO A POINT MIDWAY BETWEEN THE SOUTH LINE OF SAID LOT 68 AND THE NORTH LINE OF LOT 69 OF SAID PERRIN COLONY NO. 2 , WHICH POINT IS THE CENTER OF ALLUVIAL AVENUE; THENCE EASTERLY ALONG THE CENTERLINE OF SAID ALLUVIAL AVENUE TO THE INTERSECTION OF SAID CENTERLINE OF ALLUVIAL AVENUE WITH THE CENTERLINE OF CEDAR AVENUE; THENCE NORTHERLY ALONG THE CENTERLINE OF CEDAR AVENUE TO A POINT MIDWAY BETWEEN THE NORTHEAST CORNER OF SAID LOT 48 AND THE NORTHWEST CORNER OF LOT 28 OF SAID PERRIN COLONY NO. 2; THENCE WESTERLY TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE WEST 10 ACRES AND THE EAST 10 ACRES THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WEST OF THE WESTERLY RIGHT OF WAY OF SPALDING AVENUE AS SAID AVENUE IS DESCRIBED IN THAT CERTAIN INSTRUMENT RECORDED AUGUST 28, 1986, AS DOCUMENT NO. 86099864 . 3818d/348